Criminal Law and Procedure Flashcards

Under the Texas Penal Code § 6.02, the four culpable mental states listed from most to least culpable are:

Answer: Intentionally, knowingly, recklessly, criminal negligence

Texas Penal Code § 6.02 recognizes four culpable mental states in descending order: intentionally (highest), knowingly, recklessly, and criminal negligence (lowest).

Under Texas Penal Code § 19.03, what best describes what elevates murder to capital murder in Texas?

Answer: Capital murder requires the presence of specific statutory aggravating circumstances, such as murder of a peace officer, murder for hire, or murder during certain felonies

Under Texas Penal Code § 19.03, capital murder is murder with specific enumerated aggravating factors, including murder of a peace officer on duty, murder for remuneration, murder during certain felonies, or murder of a child under 15.

Under Texas Penal Code § 9.32, when is a person justified in using deadly force to defend themselves in their home (Castle Doctrine)?

Answer: When the person reasonably believes deadly force is immediately necessary to protect against the other's use of deadly force or to prevent certain violent felonies such as robbery, sexual assault, or arson

Under Texas Penal Code § 9.32, a person in their home may use deadly force when they reasonably believe it is immediately necessary to protect against the other's use of deadly force or to prevent specified violent felonies.

Texas Penal Code Chapter 31 uses a consolidated theft statute. Which statement best describes Texas's approach to theft?

Answer: A single statute covers unlawful appropriation of property with intent to deprive, consolidating conduct formerly treated as separate offenses such as theft, swindling, and theft of services

Texas Penal Code § 31.03 defines theft broadly as unlawful appropriation of property with intent to deprive, consolidating many formerly separate property offenses under a single theft definition.

Under Texas Penal Code § 7.02, a person is criminally responsible as a party for the offense of another if:

Answer: The person, with intent to promote or assist in the commission of the offense, solicited, encouraged, directed, aided, or attempted to aid the other person

Under Texas Penal Code § 7.02, criminal responsibility as a party requires that, with intent to promote or assist the offense, the defendant solicited, encouraged, directed, aided, or attempted to aid the other person.

Under Texas Penal Code § 19.02(b)(3), the felony murder rule applies when:

Answer: A person commits an act clearly dangerous to human life in the course of committing or attempting a felony other than manslaughter, and that act causes death

Under Texas Penal Code § 19.02(b)(3), felony murder applies when a person commits an act clearly dangerous to human life while committing or attempting a felony other than manslaughter, and that act causes death.

Under Texas Penal Code § 15.04, the voluntary renunciation affirmative defense to criminal attempt is NOT available when:

Answer: The defendant's decision to abandon was motivated in whole or in part by an increased risk of detection or apprehension

Under Texas Penal Code § 15.04, voluntary renunciation requires a complete and voluntary change of criminal purpose; the defense is unavailable when abandonment was motivated by increased risk of detection or apprehension rather than genuine renunciation.