Exam 2: Elements of a Crime

Under Texas law,a person convicted of a Class A or Class B misdemeanor may be sentenced to either jail time or a monetary fine or both penalties.

If an offender is aware of but consciously disregards a substantial and unjustifiable risk that a result will occur,the offender has acted with the culpable mental state of:

American criminal law punishes only voluntary conduct.

If an individual makes the conscious decision to engage in risky behavior,the law views his conduct as falling under the culpable mental state of ________________.

The Latin term actus reus refers to the __________ element of an offense.

For a crime to occur,a time-based connection must exist between the conduct element and the culpable mental state.

"Concurrence" is the legal term used to describe the necessary time-based linkage of the mens rea and the actus reus of a crime.

In Texas,the penalty category with the most serious punishment is called a:

An omission to act is a crime only if a reasonable person under same or similar circumstance would have acted.

An accused is criminally responsible if the harmful result would not have occurred but for his conduct.

Identify and briefly explain the four culpable mental states used in Texas criminal law.

The Common Law tradition holds that all crimes contain the structural elements of _________,culpable mental state,concurrence,causation,required result,and penalty.

Does the Texas penalty structure provide too much discretion to the judge and jury in sentencing a criminal offender?

A convicted criminal defendant who receives a sentence of one year in the county jail has been convicted of a Class ____ misdemeanor.

The term actus reus is related to conduct as the term mens rea is related to:

With limited exceptions,motive - the "why" a crime occurs - is NOT an element of a criminal offense that needs to be proven.

Under Texas law,for an individual to be guilty of an offense based on the individual's failure to take action,the state must prove the existence of a legal _________ to act.

Criminal possession of contraband may take either of two forms,actual possession or ___________ possession.

The Common Law tradition holds that all crimes contain the structural elements of conduct,culpable mental state,concurrence,_________,required result,and penalty.

The minimum term of imprisonment for a felony conviction in Texas is: