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Questions and Answers
What does it mean when a defense is labeled as such in the Texas Penal Code?
What does it mean when a defense is labeled as such in the Texas Penal Code?
What is required for a defendant to be convicted of an offense in Texas?
What is required for a defendant to be convicted of an offense in Texas?
What is the burden of proof for an affirmative defense in Texas?
What is the burden of proof for an affirmative defense in Texas?
What happens if a presumption is established in favor of the defendant in Texas?
What happens if a presumption is established in favor of the defendant in Texas?
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What is required for evidence supporting the existence of a defense in Texas?
What is required for evidence supporting the existence of a defense in Texas?
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What is the burden of proof for a defendant when a presumption is established in Texas?
What is the burden of proof for a defendant when a presumption is established in Texas?
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What is the responsibility of the prosecuting attorney when there are exceptions to an offense in Texas?
What is the responsibility of the prosecuting attorney when there are exceptions to an offense in Texas?
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What is the burden of proof in Texas Penal Code?
What is the burden of proof in Texas Penal Code?
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What does it mean when a defense is labeled as such in the Texas Penal Code?
What does it mean when a defense is labeled as such in the Texas Penal Code?
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What is required for evidence supporting the existence of a defense to be admitted?
What is required for evidence supporting the existence of a defense to be admitted?
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What is the burden of proof for an affirmative defense in the Texas Penal Code?
What is the burden of proof for an affirmative defense in the Texas Penal Code?
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When must the issue of the existence of a presumed fact be submitted to the jury?
When must the issue of the existence of a presumed fact be submitted to the jury?
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What is required of the court when a presumption is established in favor of the defendant?
What is required of the court when a presumption is established in favor of the defendant?
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What is the consequence of a reasonable doubt in a case?
What is the consequence of a reasonable doubt in a case?
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Study Notes
Burden of Proof in Texas Penal Code
- All persons are presumed innocent, and no one can be convicted unless each element of the offense is proved beyond a reasonable doubt.
- Being arrested, confined, or indicted for an offense does not imply guilt at trial.
- Exceptions to an offense in the Texas Penal Code are labeled as such and must be negated by the prosecuting attorney in the accusation charging the offense.
- Defenses to prosecution are labeled as such and do not need to be negated by the prosecuting attorney in the accusation charging the offense.
- Evidence supporting the existence of a defense must be admitted before the issue is submitted to the jury.
- If the issue of the existence of a defense is submitted to the jury, a reasonable doubt requires the defendant to be acquitted.
- Affirmative defenses in the Texas Penal Code are labeled as such and do not need to be negated by the prosecuting attorney in the accusation charging the offense.
- Evidence supporting the existence of an affirmative defense must be admitted before the issue is submitted to the jury.
- If the issue of the existence of an affirmative defense is submitted to the jury, the defendant must prove it by a preponderance of evidence.
- When a presumption is established with respect to any fact, and there is sufficient evidence, the issue of the existence of the presumed fact must be submitted to the jury.
- If the existence of the presumed fact is submitted to the jury, the court shall charge the jury regarding the presumption and the specific element to which it applies.
- When a presumption is established in favor of the defendant, and there is sufficient evidence, the issue of the existence of the presumed fact must be submitted to the jury.
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Description
Test your knowledge of the burden of proof in the Texas Penal Code with this informative quiz. Learn about the presumption of innocence, exceptions and defenses to an offense, and affirmative defenses. Discover how evidence is admitted and how the jury decides on the existence of a presumed fact. Brush up on your understanding of the Texas legal system with this essential quiz.
