Week 1, 2, 3

Front 1

§ 1.05 Construction of the Code

Back 1

The provisions of this code should be applied in fair import of the terms to promote justice and effect the objectives of the code (rule that a penal statute is to be applied strictly DOES NOT apply to this code)

Front 2

Proportionality

Back 2

There is no guarantee of proportionality under the 8th Amendment
Death penalty is only proportionate in murder cases.
---In Texas, there are no mitigating/aggravating factors involved with capital murders.
---Unconstitutional to execute a mentally challenged/insane person or a person under the age of 18.

Front 3

Harmelin v. Rummel

Back 3

Proportionality (of imprisonment terms) is NOT a constitutional requirement, thus it can be used to determine 8th Amendment analysis, but does not guarantee reversal

Front 4

Vagueness/Overbreadth Standards

Back 4

Precision in Definition:

Definiteness standard/Vagueness Doctrine: must give an ordinary person fair notice that the actions are illegal
-Why?
---It assures adequate notice
---Discourages arbitrary enforcement

Overbreadth: statute protects constitutionally protected conduct

Front 5

Chicago v. Morales

Back 5

Vagueness and Overbreadth often occur together
Example of Facial Attack of Statute:
-anti-street gang law
--loitering had no common meaning
--it was impossible to determine who was innocent or guilty of the statute

Front 6

§ 2.01 Proof Beyond a Reasonable Doubt

Back 6

All persons are assumed to be innocent, and no person shall be convicted unless all elements of the offense are proved beyond a reasonable doubt.
---Just because a person has been arrested, confined, otherwise charged with the offense does not give rise to inference of guilt at trial.

Front 7

§ 2.04

Back 7

Affirmative Defense
---submitted to the jury
-----the defendant must prove the affirmative defense by a preponderance of the evidence

Front 8

§ 6.02

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Culpable Mental States
-A person does not commit an offense unless he intentionally, knowingly, recklessly or with criminal negligence engages in the conduct
-if a definition of a crime does not include a culpable mental state, a culpable mental state is still required unless the definition plainly dispenses of the mental state

Front 9

§ 6.02 (cont)

Back 9

-if a definition of a mental state is not subscribed, a mental state is still required
---it will be either:
---------intentionally, recklessly, or criminal negligence

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§ 6.02 (cont)

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The Culpable Mental States Ranked:
--Intentionally
--Knowingly
--Recklessly
--Criminal Negligently

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§ 6.02 (cont)

Back 11

If you prove a higher mental state, then the lower mental states are proved

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§ 6.02 Intentional Mental State

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-if the nature or result of his conduct is done so when it is his conscious objective or desire to engage in the conduct or cause the result

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§ 6.02 Knowingly Mental State

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-if the conduct or circumstances surrounding the conduct make it to where he is aware of the nature of the conduct, or that the circumstances exist when he is reasonably certain to cause the result

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§ 6.02 Reckless Mental State

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-when the person is aware but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
-this risk must be of such a nature that it is a gross deviation from the standard of care that an ordinary person would exercise --> Viewed from the perspective of the actor

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§ 6.02 Criminal Negligence Mental State

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-when the person ought to be aware of an unjustifiable and substantial risk
-the risk must be of such a nature that the failure to perceive it constitutes a gross deviation from the standard of care an ordinary person would take --> Viewed from the perspective of the actor

Front 16

Lambert Case

Back 16

ignorance of the law is no excuse generally

Front 17

Engeloff Case

Back 17

Voluntary intoxication is NOT a defense

Front 18

§ 3.01 Criminal Episode

Back 18

-offenses are pursuant to the same transaction (or two transactions that are connected), or constitute a common scheme or plan
-the offenses are repeated commission of the same or similar offenses

Front 19

§ 3.02 Consolidation/Joinder

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a defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode

Front 20

§ 3.03 Sentences from Criminal Episode

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-sentences for each offense in the criminal episode run concurrently

Front 21

The Act

Back 21

Crimes require a voluntary act
-no punishment for thoughts or characterizations
EXCEPTION: voluntary act preceeding an involuntary act (i.e. driving with epilepsy)

Front 22

§ 6.01

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-you must voluntarily engage in the conduct
--this includes an act, an omission, or possession
Possession: voluntary act where the possessor knowingly obtains or recieves the thing possessed or is aware of it for a sufficient amount of time to permit him time to terminate his control

Front 23

Failure to Act

Back 23

Bystander usually does not have a duty to help someone in peril
You must have a duty to do something for you to be in violation of not doing something

Front 24

§ 49.04 Driving While Intoxicated

Back 24

-Operating
-Motor vehicle
-Public Place
--NOTE: NOT "DRIVING"

Front 25

Theft

Back 25

-Appropriation
-Property of another
-Intent to deprive
-lack of effective consent
----Includes getting property that you know is stolen (includes a police officer pretending the item is stolen, and you getting it from him)

Front 26

Welch

Back 26

-Circumstantial Evidence was used to establish intent to deprive

Front 27

Theft Consolidated Offenses

Back 27

Theft
Theft by false pretext
Conversion by a bailee
Theft from the person
Shoplifting
Acquisition of property by threat
Swindling
Swindling by worthless check
Embezzlement
Extortion
Receiving or concealing embezzled property
Receiving or Concealing stolen property

Front 28

Intent to Deprive (Theft)

Back 28

-intent to withhold from owner permanently or so much as the value of the property is gone to the owner
-To restore on award
-To dispose of that it is unlikely the owner will find it

Front 29

Effective Consent (Theft)

Back 29

IS NOT:
-done with coercion or deception
-given by someone the actor knows is not legally authorized to act for the owner
-given by someone the actor knows is not able to make reasonable property decision (i.e. because of age, intoxication, disease, defect)
-given solely to detect commission of an offense (undercover police)

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Appropriation (Theft)

Back 30

-Transfer title on something
OR
-To exercise control over property --> NOT including REAL PROPERTY

Front 31

Property (Theft)

Back 31

-Real, tangible, intangible property (including money or any document that indicates value)

Front 32

§ 31.07 Unauthorized Use of a Vehicle

Back 32

INTENTIONALLY or KNOWINGLY
-operates without effective consent of owner

Front 33

§ 28.93 Criminal Mischief

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INTENTIONALLY or KNOWINGLY
-damages/destroys tangible property
-tampers with to tangible property of owner and causes pecuniary loss/substantial inconvenience owner or third party
-makes markings on tangible property of owner

Front 34

§ 29.02 Robbery

Back 34

In the process of committing theft: (during attempted theft, commission of theft, immediate flight from theft)
-INTENTIONALLY, KNOWINGLY, or RECKLESSLY
---Causes bodily injury to another
-INTENTIONALLY or KNOWINGLY
---Threatens or places fear of imminent bodily injury or death

Front 35

§ 29.03 Aggravated Robbery

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In the process of committing Robbery:
-Causes serious bodily injury to another
-Exhibits a deadly weapon
-Causes bodily injury or places the other in imminent fear of bodily harm IF:
---other is 65 years or older or a disabled person

Front 36

§ 30.02 Burglary

Back 36

Without effective consent:
-enters into a habitation not open to the public
-with the intent to commit, commits, or attempts to commit a felony, theft, or assault
OR
-remains concealed with the intent to commit a felony, theft or assault
OR
-

Front 37

§ 30.02 Burglary (Enter)

Back 37

Enter means:
-intrude with any part of the body or anything connected to their body

Front 38

§ 28.02 Arson

Back 38

Start a fire (regardless of whether the fire continues after ignition) or causes an explosion
With the intent to destroy/damage:
---Fence, vegetation, structure on open land
---any building, habitation, vehicle
-------knowing within city limits, insured against damage/destruction, subject to mortgage, located on/within property of another
Person is reckless about whether the burning or explosion will endanger the life or safety of property of another

Front 39

§ 22.01 Assault

Back 39

Intentionally, Knowingly, Recklessly
-causing/threatening imminent bodily injury to another (including their spouse)
-causes contact that the acting person would know would be offensive to the person receiving contact

Front 40

§ 22.02 Aggravated Assault

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Person commits an assault
-causes serious bodily injury
OR
-exhibits a deadly weapon during commission of an assault

Front 41

§ 22.02 Aggravated Assault (Serious Bodily Injury)

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Injury that creates substantial risk of or death, serious permanent disfigurement, protracted loss or impairment of bodily member or organ

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§ 22.02 Aggravated Assault (Deadly Weapon)

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Firearm
Anything manifestly to be for causing serious bodily injury (or death)
Anything used in the way to cause serious bodily injury (or death)