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Are You to Blame?

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

What does Culpability Mean?

Culpability means the blameworthy or deserving of blame and an individual being culpable means they are legally responsible or liable for a criminal act. It 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. However, 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 must demonstrate the defendant’s culpable mental state during the commission of unlawful conduct. Successfully proving the defendant’s mental state makes them criminally liable, increasing the likelihood of a guilty verdict if found criminally responsible.

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 further stipulates that if an offense does not specify a culpable mental state, one is still necessary unless the definition clearly excludes any mental element. Since a mental state is obligatory, establishing criminal responsibility can rely on intent, knowledge, or recklessness. These culpable mental states range from the highest, which is intentional, to the lowest, which is considered criminal negligence.

Culpable Mental States (Mens Rea)

The State of Texas does not recognize crime based on accidents and mandates that the defendant possess a certain level of mental awareness. Even the smallest action can sometimes result in adverse consequences under criminal law statutes, considering it potentially criminal. However, there are exceptions, such as driving while intoxicated, which does not require a mental state. Nonetheless, most criminal cases require a mental state requirement, and they do not presume to be strict liability offenses.

Strict liability in criminal law entails holding a defendant liable for an action, irrespective of their intent or mental state during the commission of the crime. While this typically leads to more lenient punishment, it does not absolve the defendant from liability for the crime they are charged with.

Mental State: Intention

In the Texas Penal Code 6.03, the highest mental state is defined as “Mental State: Intention.” It describes a person acting intentionally or with intent when it is their 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 murder, as a person knows that the action they are committing will cause death or imminent harm to another person.

Two types of intent are applied to criminal cases: general intent 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 face manslaughter charges for knowingly continuing to drive while intoxicated, fully aware of the potential consequences.

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, authorities would consider this act 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.

At the Law Office of Bryan Fagan, our professional and knowledgeable Criminal Law attorneys specialize in crafting a defense tailored to your needs, aiming for the best possible outcome to benefit you.

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

Call us today at: 281-810-9760.

Book an appointment with Law Office of Bryan Fagan using SetMore
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