Texas Criminal Pattern Jury Charges Intoxication and Controlled Substances (2016 Edition)

PJC-Intox-3D

Texas Criminal Pattern Jury Charges— Intoxication, Controlled Substance & Public Order Offenses

  • By the State Bar Committee on Pattern Jury Charges—Criminal
  • Instant Download! Digital Download Features
  • 1 volume; softbound
  • 470 pages
  • © 2016
  • $125.00

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An extremely valuable resource for the bench and bar, Texas Criminal Pattern Jury Charges—Intoxication, Controlled Substance & Public Order Offenses, written by a committee consisting of members drawn from the bench, prosecutors’ offices, defense practice, and academia, provides expert jury instructions that will help jurors understand how the law should be applied to the facts presented at trial.

Texas Criminal Pattern Jury Charges—Intoxication, Controlled Substances & Public Order Offenses includes a thorough discussion of legal issues of concern in drafting criminal charges and special instructions for a variety of topics. This book explicitly states the relevant statutes and legal definitions and then applies the law to the facts in commonsense language.

Texas Criminal Pattern Jury Charges: Intoxication, Controlled Substance & Public Order Offenses includes original content on offenses such as:

  • Driving while intoxicated
  • Death or injury intoxication offenses
  • Controlled substances offenses
  • Online solicitation of a minor
  • Tampering with a witness
  • Retaliation and obstruction
  • Perjury
  • Stalking
  • Gambling

This volume, the third of the new, reorganized Texas Criminal Pattern Jury Charges series, includes updated material originally published in Texas Criminal Pattern Jury Charges—Intoxication & Controlled Substances, 2013 edition, and Texas Criminal Pattern Jury Charges—Preparatory Crimes, 2014 edition. It also includes new content on public order offenses such as online solicitation of a minor, tampering with a witness, retaliation and obstruction, perjury, obstructing governmental operation, stalking, and gambling.

This book is designed to be used with Texas Criminal Pattern Jury Charges—General, Evidentiary & Ancillary Instructions, which complements the other volumes in the Criminal Pattern Jury Charges series by providing instructions not specific to a particular crime but that can be used in a wide variety of cases. Also included is a general charge and extensive commentary.

Purchase Texas Criminal Pattern Jury Charges—General, Evidentiary & Ancillary Instructions.

View other volumes in our Texas Pattern Jury Charges series.

The Texas Criminal Pattern Jury Charges—Intoxication, Controlled Substance & Public Order Offenses Digital Download is free with purchase and contains the entire book in a hyperlinked and word-searchable PDF file. All Texas case and statute citations are linked to Casemaker. Also included is a link to the Texas Constitution and statutes online for easy access to Texas Codes. All charge language is included as Word files, linked from the PDF file for quick retrieval and assembly of the jury charge.

“In essence, [the Committee’s charges] reflect the result of careful consideration by a number of persons experienced in criminal litigation as to what conscientious trial judges should seriously consider using in conducting jury trials.”

–George E. Dix, George R. Killam, Jr. Chair of Criminal Law, University of Texas at Austin, and Former Chair, Pattern Jury Charges Committee–Criminal

CONTENTS

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PREFACE
INTRODUCTION
QUICK GUIDE TO DRAFTING A JURY CHARGE

CHAPTER 40 INTOXICATION OFFENSES

PART I. GENERAL MATTERS

CPJC 40.1 Liberalization of DWI Pleading
CPJC 40.2 Definition of “Motor Vehicle”
CPJC 40.3 Definition of “Operate”
CPJC 40.4 “Synergistic Effect” Instruction
CPJC 40.5 “No Defense” Instruction
CPJC 40.6 “No Culpable Mental State Requirement” Instruction
CPJC 40.7 “Refusal” Instruction
CPJC 40.8 Limited Use of Breath Test Evidence
CPJC 40.9 “Involuntary Intoxication” Defense Instruction
CPJC 40.10 Necessity Defense Instruction

PART II. MISDEMEANOR DRIVING WHILE INTOXICATED

CPJC 40.11 Instruction—Misdemeanor Driving While Intoxicated (with Necessity Defense)

PART III. OTHER RELATED OFFENSES

CPJC 40.12 Instruction—Driving While Intoxicated with Child Passenger
CPJC 40.13 Instruction—Misdemeanor Flying While Intoxicated
CPJC 40.14 Instruction—Misdemeanor Boating While Intoxicated

PART IV. FELONY ENHANCED OFFENSES

CPJC 40.15 General Comments on Felony Enhanced Offenses
CPJC 40.16 Instruction—Felony Driving While Intoxicated (Two Prior DWI Convictions)
CPJC 40.17 Instruction—Felony Driving While Intoxicated (Prior Intoxication Manslaughter Conviction)

PART V. DEATH OR INJURY INTOXICATION OFFENSES

CPJC 40.18 General Comments—Causation
CPJC 40.19 Instruction—Intoxication Manslaughter
CPJC 40.20 Instruction—Intoxication Assault

CHAPTER 41 CONTROLLED SUBSTANCE OFFENSES

PART I. GENERAL MATTERS

CPJC 41.1 Rationale for Included Instructions
CPJC 41.2 Weight Requirements and Grading of Offenses
CPJC 41.3 Culpable Mental State Concerning Nature of Substance
CPJC 41.4 Culpable Mental State Concerning Weight of Substance

PART II. POSSESSORY OFFENSES

CPJC 41.5 Culpable Mental State
CPJC 41.6 Defining “Possession”
CPJC 41.7 Texas Penal Code Section 6.01(b) and Voluntary Possession
CPJC 41.8 Instruction—Possession of Marijuana—Class B Misdemeanor (with Voluntariness Requirement)
CPJC 41.9 Instruction—Possession of Marijuana—Other Grades
CPJC 41.10 Instruction—Possession of Controlled Substance

PART III. DELIVERY OFFENSES

CPJC 41.11 Culpable Mental State
CPJC 41.12 Delivery, Transfer, and Constructive Transfer
CPJC 41.13 Instruction—Delivery of Controlled Substance—By Actual or Constructive Transfer
CPJC 41.14 Instruction—Delivery of Controlled Substance—By Offer to Sell
CPJC 41.15 Instruction—Possession of Controlled Substance with Intent to Deliver

[Chapters 42 through 49 are reserved for expansion.]

CHAPTER 50 CONSPIRACY

CPJC 50.1 Conspiracy Generally
CPJC 50.2 Instruction—Liability for Conspiracy
CPJC 50.3 Instruction—Liability for Conspiracy—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a))
CPJC 50.4 Instruction—Liability for Conspiracy—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))

CHAPTER 51 SOLICITATION

CPJC 51.1 General Comments
CPJC 51.2 Instruction—Criminal Solicitation—Solicitation of Another to Personally Commit Offense
CPJC 51.3 Comment on Solicitation of Another to Induce Someone Else to Commit Offense
CPJC 51.4 Instruction—Criminal Solicitation—Solicitation of Another to Induce Third Party to Commit Offense
CPJC 51.5 Instruction—Criminal Solicitation—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a))
CPJC 51.6 Instruction—Criminal Solicitation—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))

CHAPTER 52 ATTEMPT

CPJC 52.1 General Comments
CPJC 52.2 Formulating the Elements of Attempt
CPJC 52.3 Criteria for Determining Whether Defendant Went Far Enough
CPJC 52.4 Impossibility
CPJC 52.5 Defining Specific Intent to Commit Partially Strict Liability Offenses
CPJC 52.6 Renunciation Defense to Guilt
CPJC 52.7 Punishment Mitigation by Quasi-Renunciation
CPJC 52.8 Instruction—Attempted Murder
CPJC 52.9 Instruction—Attempted Murder—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a))
CPJC 52.10 Instruction—Attempted Murder—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
CPJC 52.11 Instruction—Attempted Burglary of a Building
CPJC 52.12 Instruction—Attempted Burglary of a Building—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a))
CPJC 52.13 Instruction—Attempted Burglary of a Building—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))

CHAPTER 53 ORGANIZED CRIMINAL ACTIVITY

CPJC 53.1 General Comments
CPJC 53.2 Elements of Offense Committed “as a Member of a Criminal Street Gang”
CPJC 53.3 Submission on Alternative Theories of Committing or Conspiring to Commit
CPJC 53.4 Relationship of the Conspiracy and the “Combination”
CPJC 53.5 Defining “Collaborate in Carrying on Criminal Activities”
CPJC 53.6 “Parties” Law
CPJC 53.7 Affirmative Defense of Renunciation under Texas Penal Code Section 71.05
CPJC 53.8 Quasi-Renunciation Defense and Punishment
CPJC 53.9 Instruction—Engaging in Organized Criminal Activity—Committing Covered Offense as Member of Criminal Street Gang
CPJC 53.10 Instruction—Engaging in Organized Criminal Activity—Conspiring to Commit Covered Offense as Member of Criminal Street Gang
CPJC 53.11 Instruction—Engaging in Organized Criminal Activity—Either Committing or Conspiring to Commit Covered Offense as Member of Criminal Street Gang and Verdict Form
CPJC 53.12 Instruction—Engaging in Organized Criminal Activity—Committing Covered Offense to Participate in Combination
CPJC 53.13 Instruction—Engaging in Organized Criminal Activity—Conspiring to Commit Covered Offense to Participate in Combination
CPJC 53.14 Instruction—Engaging in Organized Criminal Activity—Committing or Conspiring to Commit Covered Offense to Participate in Combination and Verdict Form
CPJC 53.15 Affirmative Defense of Renunciation under Texas Penal Code Section 71.05(a)
CPJC 53.16 Instruction—Engaging in Organized Criminal Activity—Guilt-Innocence Renunciation Affirmative Defense
CPJC 53.17 Punishment Mitigation—Quasi-Renunciation Issue under Texas Penal Code Sections 71.02(d) and 71.05(c)
CPJC 53.18 Instruction—Engaging in Organized Criminal Activity—Quasi-Renunciation Punishment Issue (Texas Penal Code Section 71.02(d) Formulation)
CPJC 53.19 Instruction—Engaging in Organized Criminal Activity—Quasi-Renunciation Punishment Issue (Texas Penal Code Section 71.05(c) Formulation)

CHAPTER 54 DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS

CPJC 54.1 Statutory History
CPJC 54.2 Definition of “Conspires to Commit”
CPJC 54.3 Instruction—Directing Activities of Criminal Street Gang

[Chapters 55 through 59 are reserved for expansion.]

CHAPTER 60 ONLINE SOLICITATION OF A MINOR

CPJC 60.1 Online Solicitation of a Minor Generally
CPJC 60.2 Instruction—Online Solicitation of a Minor—Solicitation to Meet
CPJC 60.3 Instruction—Online Solicitation of a Minor—Solicitation by Communicating in a Sexually Explicit Manner
CPJC 60.4 Instruction—Online Solicitation of a Minor—Solicitation by Distributing Sexually Explicit Material

CHAPTER 61 TAMPERING WITH A WITNESS, RETALIATION, AND OBSTRUCTION

CPJC 61.1 General Comments on Tampering with a Witness
CPJC 61.2 Tampering by Benefit
CPJC 61.3 Instruction—Tampering with a Witness by Offering to Confer a Benefit
CPJC 61.4 Tampering by Coercion
CPJC 61.5 Instruction—Tampering with a Witness by Coercion
CPJC 61.6 Tampering by “Compounding”
CPJC 61.7 Instruction—Tampering with a Witness—“Compounding”
CPJC 61.8 Retaliation or Obstruction Generally
CPJC 61.9 Instruction—Retaliation
CPJC 61.10 Instruction—Obstruction

CHAPTER 62 PERJURY AND OTHER FALSIFICATION

CPJC 62.1 Perjury and Aggravated Perjury Generally
CPJC 62.2 Instruction—Perjury by Making a False Statement under Oath
CPJC 62.3 Instruction—Perjury by Inconsistent Statements
CPJC 62.4 Instruction—Aggravated Perjury by Making a False Statement under Oath
CPJC 62.5 Instruction—Aggravated Perjury by Inconsistent Statements
CPJC 62.6 General Comments on False Report
CPJC 62.7 Instruction—False Report to Peace Officer
CPJC 62.8 General Comments on Tampering with or Fabricating Physical Evidence
CPJC 62.9 Instruction—Tampering with Physical Evidence Knowing of Pending or Ongoing Investigation or Official Proceeding
CPJC 62.10 Instruction—Tampering with Physical Evidence with Intent to Affect Pending or Ongoing Investigation or Official Proceeding
CPJC 62.11 Instruction—Knowingly Tampering with Physical Evidence with Intent to Affect Any Subsequent Investigation or Official Proceeding
CPJC 62.12 Instruction—Tampering with Physical Evidence by Failing to Report a Corpse

CHAPTER 63 OBSTRUCTING GOVERNMENTAL OPERATION

CPJC 63.1 Resisting Arrest Generally
CPJC 63.2 Instruction—Resisting Arrest
CPJC 63.3 Evading Detention or Arrest Generally
CPJC 63.4 Instruction—Evading Detention or Arrest
CPJC 63.5 Hindering Apprehension or Prosecution Generally
CPJC 63.6 Instruction—Hindering Apprehension by Harboring or Concealing (Misdemeanor)
CPJC 63.7 Instruction—Hindering Apprehension by Harboring or Concealing (Felony)
CPJC 63.8 Instruction—Hindering Apprehension by Warning with “Compliance” Defense (Misdemeanor)
CPJC 63.9 Escape Generally
CPJC 63.10 Instruction—Escape

CHAPTER 64 STALKING

CPJC 64.1 Stalking Generally
CPJC 64.2 Instruction—Stalking

CHAPTER 65 GAMBLING OFFENSES

CPJC 65.1 Gambling Generally
CPJC 65.2 Instruction—Gambling—Game, Contest, or Performance
CPJC 65.3 Instruction—Gambling—Using Cards, Dice, Balls, or Other Devices
CPJC 65.4 Instruction—Gambling Promotion

APPENDIX
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
HOW TO DOWNLOAD THIS BOOK

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