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2008 - Communication Across the Curriculum (CAC)

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C r i m i n a l J u s t i c e<br />

Brass Penal Code<br />

by Brittney Brass<br />

CRIJ 1310: Fundamentals of Criminal Justice. This<br />

assignment consisted of two distinct parts: In Part One,<br />

<strong>the</strong> student was to carefully draft a criminal statute. The<br />

student was to pay particular attention to detail, definition,<br />

and precise language, as in <strong>the</strong> drafting of any statute. In<br />

Part Two, <strong>the</strong> student would exchange her statute with a<br />

fellow classmate for review. It was <strong>the</strong> job of <strong>the</strong> reviewing<br />

classmate to imagine she was a defense attorney and her<br />

client had been charged with violating <strong>the</strong> aforementioned<br />

statute. The “defense lawyer” would <strong>the</strong>n strictly scrutinize<br />

<strong>the</strong> statute, looking for any flaws or defects in its language<br />

that would render it void for vagueness or would provide<br />

some beneficial loophole to <strong>the</strong> defendant. The purpose<br />

of <strong>the</strong> assignment was to encourage students to write<br />

and read very carefully, and in that way help <strong>the</strong>m better<br />

understand <strong>the</strong> law whe<strong>the</strong>r <strong>the</strong>y are writing it, reading it, or<br />

applying it.<br />

Mark A. Stelter, J.D.<br />

Sec. 481.00. Offense: Delivery of Tobacco<br />

(a) A person commits an offense if <strong>the</strong> person intentionally or knowingly<br />

delivers tobacco.<br />

(b) An offense under Subsection (a) is:<br />

(1) A Class A misdemeanor if <strong>the</strong> amount of tobacco delivered is onehalf<br />

ounce or less and <strong>the</strong> person committing <strong>the</strong> offense does not receive<br />

remuneration for <strong>the</strong> tobacco;<br />

(2) a state jail felony if <strong>the</strong> amount of tobacco delivered is one-half ounce<br />

or less and <strong>the</strong> person committing <strong>the</strong> offense receives remuneration for <strong>the</strong><br />

tobacco;<br />

(3) a felony of <strong>the</strong> second degree if <strong>the</strong> amount of tobacco delivered is 50<br />

pounds or less but more than one-half ounce;<br />

(4) a felony in <strong>the</strong> first degree if <strong>the</strong> amount of tobacco delivered is 1,000<br />

pounds or less but more than 50 pounds;<br />

(5) punishable by imprisonment in <strong>the</strong> Texas Department of<br />

Criminal Justice for life or for a term of not more than 99 years<br />

or less than 20 years, and a fine not to exceed 100,000, if <strong>the</strong><br />

amount of tobacco delivered is more than 1,000 pounds.<br />

Sec. 481.01. Offense: Possession of Tobacco<br />

(a) A person commits an offense if <strong>the</strong> person intentionally or knowingly<br />

possesses any quantity of tobacco.<br />

(b) An offense under Subsection (a) is:<br />

(1) a Class A misdemeanor if <strong>the</strong> amount of tobacco possessed is 1 ounce<br />

or less;<br />

(2) a state jail felony if <strong>the</strong> amount of tobacco possessed is 5 pounds or<br />

less but more than 1 ounce;<br />

(3) a felony of <strong>the</strong> third degree if <strong>the</strong> amount of tobacco possessed is 50<br />

pounds or less but more than 5 pounds;<br />

(4) a felony of <strong>the</strong> second degree if <strong>the</strong> amount of tobacco possessed is 1,000<br />

pounds or less but more than 50 pounds;<br />

(5) punishable by imprisonment in <strong>the</strong> institutional division of <strong>the</strong> Texas<br />

Department of Criminal Justice for life or for a term of not more than 99 years<br />

or less than 10 years, and a fine not to exceed 50,000, if <strong>the</strong> amount of tobacco<br />

possessed is more than 1,000 pounds.<br />

3<br />

W r i t i n g A c r o s s t h e C u r r i c u l u m

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