Brendan's Set

Front 1

TPC § 8.07
Age Affecting Criminal Responsibility

Back 1

A person may not be prosecuted for or convicted of offense committed when younger than 15 except
1.) perjury and agg. perjury when proof shows D had sufficient discretion to understand the nature and obligation of an oath
2.) violation of Chapter 729, Transp. Code unless conviction means prison or jail
3.) violation of motor vehicle traffic ordinance
4.) misdemeanor punishable by fine
AND OTHERS

Front 2

MPC & CL
Age of Affecting Criminal Responsibility

Back 2

Don't know.

Front 3

TPC § 9.01 (Card 1 of 2)
Definitions
1.) Custody
2.) Escape

Back 3

1a.) under arrest by peace officer or restraint by public servant pursuant to an order from gov't OR
1a.) under restraint by agent or employee of a facility that confines criminals
2.) unauth. departure from custody or failure to return after leave from facility

Front 4

TPC § 9.01 (Card 2 of 2)
1.) Deadly Force
2.) Habitation
3.) Vehicle

Back 4

1.) force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or SBI
2.) structure or vehicle that is adapted for the overnight accommodation of persons, and includes
a. each separately secured or occupied portion of structure or vehicle AND
b. each structure appurtenant to or connected with the structure or vehicle
3.) any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except habitations

Front 5

MPC & CL
Definitions

Back 5

Don't know.

Front 6

TPC § 9.02
Justification as a Defense

Back 6

It is a defense to prosecution that the conduct in question is justified under this chapter.

Front 7

TPC § 9.03
Confinement as Justifiable Force

Back 7

Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.

Front 8

TPC § 9.04
Threats as Justifiable Force

Back 8

Threat of force is justified when the use of force is justified. A threat to cause death or SBI by the production of weapon or otherwise, if the purpose is only to cause apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

Front 9

TPC § 9.05
Reckless Injury of Innocent Third Party

Back 9

Even though an actor is justified under this chapter in threatening or using force or DF against another, if in doing so he R injures or kills innocent 3d person then no justification for R injury or killing of 3d person

Front 10

TPC § 9.22
Necessity

Back 10

Justified if
1.) D reasonably believes conduct immediately necessary
2.) to avoid imminent harm
3.) Avoiding harm outweighs crime
4.) No legislative purpose to exclude justification.
(MPC actor just has to believe that conduct is necessary and the harm does not have to be imminent)

Front 11

MPC § 3.02
Justification Generally: Choice of Evils (Necessity)

Back 11

1.) Conduct actor believes was necessary to avoid harm to D or 3rd person
2.) Harm avoided > Harm created
3.) No more specific provision available
4.) No clear legislative intent to exclude justification as a defense
5.) Not a defense against R or N crimes if R or N in bringing about the situation
(TPC actor’s belief that conduct is necessary must be reasonable and the harm must be imminent)

Front 12

CL p. 759
Necessity

Back 12

"Harm resulting from a violation of the law is significantly less than harm that compliance would have wrought." Choice of evils.

Front 13

TPC § 9.31(a)
Self-Defense

Back 13

Force justified if:
1.) D reasonably believes
2.) Force is immediately necessary
3.) To protect himself
4.) Against other’s use or attempted use
5.) Of unlawful force.
PRESUMPTIONS if person using force agaisnt:
Actor’s habitation, vehicle, or place of business or employment
1.) Removing actor from places above OR
2.) Committing or attempting to commit (enumerated felonies) OR
3.) Did not prevoke AND
4.) Not engaged in crime above C misdemeanor

Front 14

MPC § 3.04(1) p. 784
Use of Force in Self-Protection

Back 14

• Subject to § 3.09 (Unavailability of Justification)
• WHEN ACTOR BELIEVES
• Such force is immediately necessary
• For purpose of protecting himself
• Against the use of unlawful force
• By such other person
• On the present occasion.

Front 15

MPC § 3.04(2)(a) p. 784
Limitations on Self-Protection

Back 15

Use of force is not justifiable when:
1.) resisting arrest knowing it's by a peace officer
2.) to resist force of the owner of property or someone using force under a claim of right to prop UNLESS:
a.) by a public officer in performance of duties
b.) the actor was unlaw'ly dispossessed and making re-entry
c.) force is necessary to protect himself from death or SBI

Front 16

MPC § 3.04(2)(b) p. 784
Self-Protection by Deadly Force

Back 16

DF is not justifiable unless:
1.) actor believes that such force is nec.
2.) protect against death, SBI, kidnapping or sex compelled by force or threat
DF not justifiable if:
1.) actor w/purpose of death or SBI provoked other's force
2.) actor can w/complete safety retreat or hand over property or abstain from doing somethin he has no duty to do
UNLESS
a.) at actor's dwelling or work (except if coworker)
b.) public officer or someone helping officer does not have a duty to retreat when stopping an escape or making an arrest

Front 17

TPC § 9.32(a)
Deadly Force in Defense of Person

Back 17

1.) Reasonably believes deadly force is immediately necessary
2.) To protect himself against other’s use or attempted use of deadly force; or
3.) To prevent other’s imminent commission of:
• Aggravated kidnapping
• Murder;
• Sexual Assault;
• Robbery; or
• Aggravated robbery.

Front 18

TPC § 9.32(b)
Presumption of Deadly Force

Back 18

Justification presumed to be reasonable if (no duty to retreat):
1.) actor knew or reasonable believed the person against whom deadly force is being used:
a.) unlaw'ly w/force entered home, vehicle or place of employment
b.) unlaw'ly w/force removed actor from home, vehicle or place of employment
c.) att. to or committed agg kinapping, murder, sex assault, robb, agg robb AND
2.) actor did not provoke AND
3.) not engaged in offense above Class C misd. (traffic)

Front 19

TPC § 9.33
Defense of Third Person

Back 19

1.) Actor reasonably believes
2.) He would be justified if he were the 3d party
3.) Immediately necessary to protect 3rd party

Front 20

MPC § 3.05 p. 819
Force for Protection of Other Persons

Back 20

1.) Actor believes (not reasonably believes) ?????????????????????????????????
2.) Would be justified if he were the 3d party
3.) Necessary to protect 3rd party

Front 21

TPC § 9.41
Protection of One's Own Property

Back 21

If actor has possession:
Can use level of force reasonably believed to be immediately necessary to stop trespass or interference with property or re-enter or recover property if actor:
1.) uses force immediately or in fresh pursuit after dispossession AND
2.) reas. believes other had no claim of right OR
3.) the other used force, threat, or fraud

Front 22

MPC § 3.06 p. 826
Protection of Property

Back 22

Ask Brad

Front 23

TPC § 9.42
Deadly Force to Protect Property

Back 23

Actor is justified using deadly force if he reasonably believes DF is immediately necessary to prevent:
1.) other's imminent commission of (spec. felonies) OR
2.) other fleeing w/possession of property after committing (spec. felonies)
AND
3.) reas. believes no other way to recover prop OR
4.) force < DF to protect prop would expose actor or 3d party to substantial risk of death or SBI

Front 24

TPC §9.43
Protection of Third Person's Property

Back 24

Actor is justified if he would be under 9.41 and 9.42 AND:
1.) reas believes att theft, theft, or crim mischief of prop OR
2.) reas believes:
a.) 3d person requested protection OR
b.) actor has legal duty to protect 3d person's prop OR
c.) 3d person is immediate family, roommate, or under actor's care

Front 25

TPC § 12.02
Classification of Offenses

Back 25

Offenses are classified as felonies or misdemeanors.

Front 26

TPC § 12.03
Classification of Misdemeanors

Back 26

Misdemeanors are classified according to relative seriousness of the offense into:
1.) Class A misdemeanors
2.) Class B misdemeanors
3.) Class C misdemeanors

A misdemeanor offense not classified is Class C.
Class C misdemeanor conviction can't be confinement.

Front 27

TPC § 12.04
Classification of Felonies

Back 27

Felonies are classified according to the relative seriousness of the offense into:
1.) capitol felonies
2.) felonies of the 1st deg.
3.) felonies of the 2d deg.
4.) felonies of the 3d deg.
5.) state jail felonies

A felony offense not classified is a state jail felony.

Front 28

TPC § 12.21
Class A Misdemeanor

Back 28

Conviction of Class A misd.:
1.) fine not to exceed $4,000
2.) confinement in jail for not more than one year OR
3.) both fine and confinement

Front 29

TPC § 12.22
Class B Misdemeanor

Back 29

Conviction of Class B misd.:
1.) fine not to exceed $2,000
2.) confinement in jail for not more than 180 days OR
3.) both fine and confinement

Front 30

TPC § 12.23
Class C Misdemeanor

Back 30

Conviction of Class C misd.:
1.) fine not to exceed $500

Front 31

TPC § 12.31
Capital Felony

Back 31

Conviction of cap. felony if state seeks death is life w/o parole or death
Conviction of cap. felony if state does not seek death:
1.) life if transferred to family court or
2.) life w/o parole
For cap. felony trials, jury must be made aware that the above sentences are mandatory if convicted.

Front 32

TPC § 12.32
First Degree Felony Punishment

Back 32

Conviction of 1st deg. felony:
1.) prison for life or for any term not > 99 years or < 5 years
2.) In addition, fine not > $10,000

Front 33

TPC § 12.33
Second Degree Felony Punishment

Back 33

Conviction of 2d deg. felony:
1.) prison for life or for any term not > 20 years or < 2 years
2.) In addition, fine not > $10,000

Front 34

TPC § 12.34
Third Degree Felony Punishment

Back 34

Conviction of 3d deg. felony:
1.) prison for life or for any term not > 10 years or < 2 years
2.) In addition, fine not > $10,000

Front 35

TPC § 12.35
State Jail Felony Punishment

Back 35

Conviction of state jail felony:
1.) prison for life or for any term not > 2 years or < 180 days
2.) In addition, fine not > $10,000

Can't get state jail felony if used deadly weapon or have been convicted of felony previously (increases penalty to 3d deg. felony)