Texas - Justification Defense Flashcards

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1
Q

What “mental state” is self-defense limited to?

A

None. Penal Code doesn’t limit - so even reckless
Alonzo TCA 2011
OTHER THAN PC 9.05 if you recklessly injure or kill a third person.

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2
Q

Can you get “self-defense” and “confinement as justifiable force” instruction for “grabbing and holding”?

A

No. Confinement, although not defined is more than mere “grabbing and holding” for a moment.
Smith TCA 2011

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3
Q

Does the threat of deadly force constitute use of deadly force?

A

PC 9.04
No, not as long as intent was to create apprehension. Threat of deadly force may be used where use of force is justified.

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4
Q

Explain “Necessity” defense:

A
  1. reasonably believes immediately necessary to avoid imminent harm;
  2. desirability and urgency of avoiding harm clearly outweigh, according to ordinary standards of reasonableness; the harm sought to prevent by the law proscribing the conduct;
  3. Applies to all offenses, unless specifically excluded
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5
Q

Does necessity require admission of conduct?

A

Yes. “Confession and Avoidance Doctrine”

Juarez TCA 2010

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6
Q

What creates the presumption of reasonableness for “self-defense”?

A

Removing actor from or unlawfully entering into actos habitation, vehicel, or business
Actor didin’t provoke
Actor not committing offense other than Class C traffic offense

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7
Q

Can actor use self-defense if he provokes other?

A

Only if he abandons or CLEARLY communicates intent to abandon encounter AND other continues use or attempted use of unlawful force

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8
Q

Can self-defense be used in criminal mischief?

A

Yes. Boget

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