Texas Penal Code Section 19.01 Types of criminal homicide
19.01A: A person commits criminal homicide if he intentionally, knowingly, recklessly, or with
criminal negligence, causes the death of an individual.
19.01B: Criminal homicide i
CH 15 Texas Penal Code. 15.01 Criminal Attempt
15.01A- A person who commits an offense if with specific intent to commit an offense He does an act
amounting to more than mere preparation that tends But fails to effect the commission o
Mens Rea A guilty mind. Refers to the criminals state of mind.
State must prove: An external physical act (actus reus) & the internal mental state
essential to that crime.
Texas Penal Code (very close to the books Model Penal Code
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Elements of unlawful behavior differ in each crime.
Corpus delict Latin the body or substance of a crime. Refers to legal elements
that the state needs to prove to prove criminal liability
In proving elements, the state must rely on 2 types of e
The initial determination of what conduct is criminal, and the range of penalties for violating the
law is made by the LEGISLATURE.
In fairness to the legislatures, it should be observed that it is difficult to anticipate the myriad of
situations in which
Criminal Law reflects the moral and ethical beliefs of society
What is deemed criminal?
Non-criminal negative implications.
Legislature body that decides if certain conduct should be a criminal offense
Common law crimes no such thing as common
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In any given crime, there may be several persons who helped bring about the
3 General Classes of People Involved in a Crime:
1. Those who aide another in committing a crime
2. Actual perpetrators
3. Persons who aid the perpetr
Burden of Proof
1) Burden of Production
Ch 2 of Texas Penal Code Addresses issue of who bears the burden of proof
Distinction drawn on who bears the burden of proof among defenses, and whats called
2.03 Where a
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Defenses to Criminal Liability EXCUSE
If it is labeled a defense in Texas, the defendant has the BURDEN OF PRODUCTION and the State
has the BURDEN OF PERSUASION
In an AFFIRMATIVE DEFENSE, the defendant has the BURDEN OF PRODUCTION AND THE