The Fundamentals
The voluntary act or omission part of a crime.
What is the Actus Reus?
The title of Texas' consolidated statute involving the common law property offenses.
What is Theft?
Argued by the defendant as mitigation during the sentencing phase.
What is Sudden Passion?
The Actus Reus test for Attempt in Texas.
What is More Than Mere Preparation?
Used to show the prosecutor failed to prove an element beyond a reasonable doubt.
What is a Failure of Proof Defense?
Crimes that do not require the prosecutor to prove the defendant acted with any particular mental culpability
What is Strict Liability?
Involves taking away tangible personal property.
What is Larceny?
Recklessly causing the death of an individual.
What is Manslaughter?
Texas limits Solicitation to these types of offenses.
What are Capital Felonies and First-Degree Felonies?
Used as a justification when there is a reasonable belief force is immediately necessary to defend against unlawful force.
What is Self-Defense (Non-deadly Force)?
Independent facts and circumstances that are used to establish the defendant's possession.
What are Affirmative Links?
Developed as a way to deal with employees who have lawful possession of employer’s property.
What is Embezzlement?
Doctrine that requires the underlying felony to not be an integral part of the killing for the Felony Murder Rule to apply.
What is Merger?
The Federal Pinkerton Rule is codified in this Texas statute.
What is the Law of Parties?
Applies when the actor has a right to be present, did not provoke the incident, and was not engaged in criminal activity.
What is No Duty to Retreat?
Forward looking theory of Criminal Law that seeks the greatest good for the greatest number of people.
What is Utilitarianism?
False representation of a material fact which causes the victim to transfer possession of property to the wrongdoer.
What is Larceny by Trick?
Intentionally or Knowingly threatening another with imminent bodily injury while using or exhibiting a deadly weapon.
What is Frightening Aggravated Assault?
The elements of conspiracy in Texas.
What is Intent to Agree with one or more people to Commit the Felony, Intent to Commit a Felony, and an Overt Act by any member.
Requires both subjective inducement and objective conduct by law enforcement to be a valid defense in Texas.
What is Entrapment?
Culpability that requires a more particular mental state, usually indicated by extra words in the statute.
What is Specific Intent?
Interest that the employer is said to retain in property that is given to an employee for business purposes
What is Constructive Possession?
Requires that the defendant commit the act that is clearly dangerous to human life to be convicted of felony murder.
What is Agency?
In Texas, co-conspirators are guilty of any felony committed by one conspirator if...
Felony was committed in the course of the conspiracy, and
Felony should have been anticipated as a result of carrying out the conspiracy.
Used to actively negate the required mens rea of an offense.
What is Mistake of Fact?