Are You to Blame?

In criminal cases, the state or prosecutors must prove the mens rea or mental state of the defendant. This is a key aspect of the prosecutor’s burden of proof required for them to show in court.

What does Culpability Mean?

Culpability defined means the blameworthy or deserving of blame and an individual being culpable means they are legally responsible or liable for a criminal act. Culpability also refers to the mental state, also known as mens rea in Latin, that must be proven for a defendant to be held criminally liable.

Being culpable implies an action or the neglect of one is immoral, wrong or illegal. This does not imply there was a malicious intent on the wrongdoer’s part. It only means they are liable or blameable for the inappropriate actions.

Why does Culpability Matter?

When the state pursues a criminal case, the prosecutor will have to prove to the courts the defendant understood or had elements of understanding their actions would lead to severe consequences. Prosecutors are required to show the culpability (mental state) of the defendant when they were engaged in unlawful conduct. If the prosecutor is able to prove the mental state the defendant was in when the crime was committed, then the defendant will be criminally liable. If he or she are found to be criminally liable, then there is a chance he or she could be found guilty of the offense.

The Requirement of Culpability Sec. 6.02

A person does not commit an offense unless the individual intentionally, knowingly, recklessly or with criminal negligence engages in conduct as the definition of offense requires. The State of Texas Penal Code goes on to say if the offense does not prescribe a culpable mental state, then a culpable mental state is still required unless the definition of the state plainly dispenses with any mental element. Since a mental state is required, then the intent, knowledge or recklessness will suffice to establish criminal responsibility. The culpable mental states are classified from highest to being intentional to the lowest being considered criminal negligence.

Culpable Mental States (Mens Rea)

The State of Texas does not recognize crime based on accidents and requires the defendant have some kind of level of mental awareness. Sometimes even the slightest action can be considered criminal or can cause you a negative result and can be considered under the criminal law statutes. However, there are exceptions to this, such as you driving while intoxicated, which requires no mental state. Although, the majority of criminal cases will have a mental state requirement and are not presumed to be what is called a strict liability offense. Strict liability is defined in criminal law as when a defendant is liable for committing an action, regardless of what the defendant’s intent or mental state was while committing the action leading to the crime. This typically results in more lenient punishment but does not absolve the defendant from the liability of the crime he or she is being charged with.

Mental State: Intention

The “Mental State: Intention” is the highest mental state defined in the Texas Penal Code 6.03 as a person acts intentionally or with intent, with respect to the nature of his or her conduct or to a result of his or her conduct when it is his or her conscious objective or desire to engage in the conduct or cause the result. Simply put, if a person acts knowingly and understands the conduct he or she is participating in or acting on will have certain consequences. An example of this type of crime would be considered murder, as a person knows the action they will commit will cause death or imminent harm to another person.

There are two types of intent applied to criminal cases: general and specific intent. The general intent is the mental state of an individual when they commit a crime. The prosecution only has to prove the defendant intended to do the crime. Whereas specific intent requires the prosecution to prove the defendant intended to bring a specific consequence by their actions or that they carried out the action with a wrongful purpose.

Mental State: Knowing

The “Mental State: Knowing” is the second-highest mental state. This kind of mental state is when a person is aware of the nature of their conduct or the circumstances that exist within the conduct and the person still knowingly and with the knowledge of their nature still acts on it, being aware their conduct is certain to cause the result. An example of this would be when a person is driving while intoxicated and the person can knowingly enter a vehicle knowing the consequences might result from it such as, a ticket, fine or even the dangers of hurting someone while driving intoxicated, but having no intent on killing someone. If the person got into an accident while driving a motor vehicle and someone died because of his or her actions. The driver can be charged with manslaughter for knowing the result of the consequence and continuing with the act of driving while he or she is intoxicated.

Mental State: Recklessly

The “Mental State: Recklessly” is the second-lowest mental state the State of Texas Penal Code defines as when a person acts recklessly, or is reckless, with respect to the circumstances surrounding his or her conduct or the result of his or her conduct when he or she is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint. An example of this would be a gun owner storing a gun in an unlocked gun box, knowing their children are present and inside their home frequently.

Mental State: Criminal Negligence

The “Mental State: Criminal Negligence” is the lowest mental state in which a person should be aware of the substantial and unjustifiable risks that the circumstance or the results will occur. The risk must be of such a nature and degree the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the individual standpoint. An example of this would be a person driving and while they are driving, they are texting, talking on their cell phone and not paying attention to the road or other drivers around him or her. If the driver ends up ramming their car into a legally stopped car, this act would be considered criminally negligent.

The Difference Between Recklessness and Criminal Negligence

Negligence is the act of an individual who behaves in such a manner when he or she should have known the risk that might have happened. He or she does not have to know with certainty a certain action will cause immediate harm, only that it would. An example of this would be a person in a car pulling out without checking their mirror or behind their car and they hit someone.

Whereas recklessness is when a person knows there is an enormous risk of harm that can occur from their actions but they still acted in a way regardless of the consequence to them and others. An example of this is, driving 80 plus on the highway during a storm.

Need Help? Call Us Now!

Do not hesitate to call us if you find yourself or someone you know who is facing these criminal charges, as they can hold serious consequences, including life in prison. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain to you the result of your charge(s) and guide you in the best possible way.

Here at the Law Office of Bryan Fagan, we have professional and knowledgeable Criminal Law attorneys who are experienced in building a defense for you that suits your needs for the best possible outcome that will benefit you.

We offer complimentary consultations via Zoom, on the phone or in-person.

Call us today at: 281-810-9760.

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