Chapter 1 Textbook Notes

Texas divides legal culpability into four mental

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Texas divides legal culpability into four mental states: intentional, knowing, reckless, and criminal negligence - A person may be held criminally responsible for the unintended consequences of an intended act - A person may be held criminally responsible for injury or death to a victim other than the intended victim or for a more serious degree of harm than that intended - In some situations, employers may be liable for acts of their employees, even if the employers do not know their employees are committing the acts - Criminal law comes from federal and state constitutions, statutes (and local ordinances), and court decisions - Statutes enacted by state legislatures and the U.S. Congress constitute statutory law , in contrast to case law , the term applied to law that develops from judicial decisions - Another source of criminal law is administrative law - Criminal and civil law - A noncriminal or civil wrong is considered a wrong against a particular individual (divorce, property, contracts) - An act or omission of an act is not a crime if the individual has a legally recognized justification or defense for the act - The primary distinction between a felony and a misdemeanor was that a person could be required to forfeit all property upon conviction of a felony but not upon conviction of a misdemeanor - A felony is a crime for which a person may be sentenced to death or to a long prison term, while a misdemeanor is a less serious offense for which a short jail term (less than a year), a fine, a period of probation, or some other alternative to incarceration may be imposed - In cases that are tried before a jury, jurors may refuse to return a guilty verdict even
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Texas divides legal culpability into four mental states...

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