Texas Criminal Pattern Jury Charges — Crimes Against Persons
Texas Criminal Pattern Jury Charges—Crimes Against Persons
- By the State Bar Committee on Pattern Jury Charges–Criminal.
- Instant Download! Download an electronic version containing the entire book and all charge language.
- 1 volume; softbound
- Copyright ©2011
- 470 Pages
- $125.00
Click Here To Purchase.
An essential resource for the bench and bar, Texas Criminal Pattern Jury Charges—Crimes Against Persons, 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—Crimes Against Persons features a thorough discussion of legal issues in drafting criminal charges, a complete general charge, and a quick guide to drafting a jury charge. Instructions on crimes against persons are provided, including:
- Homicide
- Kidnapping
- Sexual Offenses
- Assaultive Offenses
- Robbery
- Party Liability
- Transferred Intent
With this book, the committee designed an instruction outline that explicitly states the relevant statutes and legal definitions and then applies the law to the facts in commonsense language. Extensive commentary is also provided.
Texas Criminal Pattern Jury Charges—Crimes Against Persons downloadable electronic version 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 RTF files, linked from the PDF file for quick retrieval and assembly of the jury charge.
Table of Contents
PREFACE
INTRODUCTION
QUICK GUIDE TO DRAFTING A JURY CHARGE
CHAPTER 1 – COMMENTARY ON CRIMINAL JURY CHARGES
§ C1.1 General Matters
§ C1.2 Jury Instructions in Criminal Cases—Terminology and Structure
§ C1.3 Prohibition against Commenting on Evidence, Summarizing Testimony, and Discussing Facts
§ C1.4 Analyses from Appellate Opinions
§ C1.5 Definitions of Terms
§ C1.6 Burden of Proof
§ C1.7 Culpable Mental States
§ C1.8 Causation
§ C1.9 Jury Unanimity
§ C1.10 Venue
CHAPTER 2 – THE GENERAL CHARGE
§ C2.1 Instruction
CHAPTER 3 – TRANSFERRED INTENT
§ C3.1 Statutory References
§ C3.2 General Comments
§ C3.3 Instruction—Transferred Intent—Different Offense
§ C3.4 Instruction—Transferred Intent—Different Person or
CHAPTER 4 – PARTY LIABILITY
§ C4.1 Statutory References
§ C4.2 Party Liability Generally
§ C4.3 Instruction—Party Liability
§ C4.4 Instruction—Primary Actor and Party Liability
§ C4.5 Instruction—Coconspirator Liability
§ C4.6 Instruction—Primary Actor, Party, or Coconspirator Liability
CHAPTER 5 – HOMICIDE
§ C5.1 Statutory References
§ C5.2 Instruction—Murder—Knowingly or Intentionally
§ C5.3 Instruction—Murder—Intent to Cause Serious Bodily Injury
§ C5.4 Instruction—Murder (Felony Murder)
§ C5.5 Murder—Sudden Passion—Comment on Punishment Stage Instruction
§ C5.6 Instruction—Murder—Sudden Passion
§ C5.7 Instruction—Manslaughter
§ C5.8 Instruction—Criminally Negligent Homicide
CHAPTER 6 – KIDNAPPING AND RELATED OFFENSES
§ C6.1 Statutory References
§ C6.2 Statutory Framework
§ C6.3 Defining “Restrain” and “Abduct”
§ C6.4 Defining Required Culpable Mental States
§ C6.5 Restriction of Movement “Incident to” Other Offenses
§ C6.6 Defining “Abduct” in Terms of Intent Accompanying Restraint
§ C6.7 “Safe Release” Punishment Issue in Aggravated Kidnapping Prosecutions
§ C6.8 Instruction—Unlawful Restraint
§ C6.9 Instruction—Kidnapping
§ C6.10 Instruction—Aggravated Kidnapping
§ C6.11 Instruction—Aggravated Kidnapping by Deadly Weapon
§ C6.12 Instruction—Aggravated Kidnapping—Safe Release Punishment Issue
CHAPTER 7 – SEXUAL OFFENSES
§ C7.1 Statutory References
§ C7.2 Instruction—Continuous Sexual Abuse of Young Child or Children
§ C7.3 Instruction—Indecency with Child by Contact—Touching by Defendant
§ C7.4 Instruction—Indecency with Child—Touching by Victim
§ C7.5 Instruction—Indecency with Child—Exposure by Defendant
§ C7.6 Instruction—Indecency with Child—Exposure by Child
§ C7.7 Instruction—Indecency with Child—Affirmative Defense of Minimal Age Difference
§ C7.8 Instruction—Indecency with Child—Affirmative Defense of Marriage
CHAPTER 8 – ASSAULTIVE OFFENSES
PART I. ASSAULT
§ C8.1 Statutory References
§ C8.2 Instruction—Assault by Causing Bodily Injury
§ C8.3 Instruction—Assault by Threat
§ C8.4 Instruction—Assault by Offensive Touching
PART II. SEXUAL ASSAULT
§ C8.5 Statutory References
§ C8.6 Instruction—Sexual Assault by Force or Violence
§ C8.7 Instruction—Sexual Assault by Force or Violence or by Threat of Force or Violence
§ C8.8 Instruction—Sexual Assault of Child
§ C8.9 Instruction—Sexual Assault of Child—Affirmative Defense of Minimal Age Difference
§ C8.10 Instruction—Sexual Assault of Child—Affirmative Defense of Marriage
§ C8.11 Instruction—Sexual Assault of Impaired Victim
PART III. AGGRAVATED ASSAULT
§ C8.12 Statutory References
§ C8.13 Instruction—Aggravated Sexual Assault
§ C8.14 Instruction—Aggravated Assault by Causing Serious Bodily Injury
§ C8.15 Instruction—Aggravated Assault by Using or Exhibiting Deadly Weapon in Causing Bodily Injury
PART IV. INJURY TO CHILD, ELDERLY INDIVIDUAL OR DISABLED INDIVIDUAL
§ C8.16 Statutory References
§ C8.17 General Comments
§ C8.18 Culpable Mental State
§ C8.19 Defenses
§ C8.20 Injury to Elderly or Disabled Individual
§ C8.21 Offense Involving Institutional Care Facility
§ C8.22 Instruction—Serious Bodily Injury to Child by Act
§ C8.23 Instruction—Serious Bodily Injury to Child by Omission— Duty Created by Assumption of Care, Custody, or Control with “Notice” Defense
§ C8.24 Instruction—Serious Bodily Injury to Child by Omission—Duty Created by Parental Relationship
§ C8.25 Instruction—Injury to Child—Affirmative Defense of Religious Treatment
§ C8.26 Instruction—Injury to Child—Affirmative Defense of Minimal Age Difference
§ C8.27 Instruction—Injury to Child—Affirmative Defense of Family Violence
§ C8.28 Instruction—Endangering Child by Act
§ C8.29 Instruction—Abandoning Child—State Jail Felon
§ C8.30 Instruction—Abandoning Child—Third-Degree Felony
§ C8.31 Instruction—Abandoning Child—Second-Degree Felony
PART V. DEADLY CONDUCT
§ C8.32 Statutory References
§ C8.33 Instruction—Deadly Conduct—Recklessness
§ C8.34 Instruction—Deadly Conduct—Discharge of Firearm in Direction of Individuals
§ C8.35 Instruction—Deadly Conduct—Discharge of Firearm in Direction of Habitation, Building, or Vehicle
§ C8.36 Instruction—Deadly Conduct—Presumption of Danger and Recklessness
§ C8.37 Instruction—Terroristic Threat
PART VI. CONSENT DEFENSE TO CERTAIN ASSAULTIVE CRIMES
§ C8.38 Statutory References
§ C8.39 General Comments
§ C8.40 Instruction—Defense of Consent
CHAPTER 9 – ROBBERY
§ C9.1 Statutory References
§ C9.2 Instruction—Robbery by Causing Injury
§ C9.3 Instruction—Robbery by Threat
§ C9.4 Instruction—Aggravated Robbery by Causing Serious Bodily Injury
§ C9.5 Instruction—Aggravated Robbery by Threat and Use or Exhibition of Deadly Weapon
§ C9.6 Instruction—Aggravated Robbery by Threatening Person Sixty-Five or Older or Disabled Person
CHAPTER 10 – PUNISHMENT INSTRUCTIONS
PART I. GENERAL MATTERS
§ C10.1 General Approach to Punishment Stage Instructions
§ C10.2 Enhancement
PART II. GENERAL PUNISHMENT INSTRUCTION
§ C10.3 Instruction—Punishment—General
PART III. COMMUNITY SUPERVISION INSTRUCTIONS
§ C10.4 General Comments
§ C10.5 Instruction—Community Supervision—Felony Conviction
§ C10.6 Instruction—Community Supervision—Misdemeanor Conviction
PART IV. SPECIFIC FELONY PUNISHMENT INSTRUCTIONS
§ C10.7 General Comments—Good Conduct Time and Parole Instructions—Section 3g Offenses and Deadly Weapon Findings
§ C10.8 Instruction—First-Degree Felony—Unenhanced
§ C10.9 Instruction—First-Degree Felony—Enhanced (One Prior Felony)
§ C10.10 Instruction—Second-Degree Felony—Unenhanced
§ C10.11 Instruction—Second-Degree Felony—Enhanced (One Prior Felony)
§ C10.12 Instruction—Third-Degree Felony—Unenhanced
§ C10.13 Instruction—Third-Degree Felony—Enhanced (One Prior Felony)
§ C10.14 Instruction—Any Felony other than State Jail Felony—Enhanced (Two Prior Felonies)
PART V. SPECIFIC STATE JAIL FELONY PUNISHMENT INSTRUCTIONS
§ C10.15 General Comments
§ C10.16 Instruction—State Jail Felony—Unenhanced
§ C10.17 Instruction—State Jail Felony—Enhanced (One Prior Felony)
§ C10.18 Instruction—State Jail Felony—Enhanced (Two Prior State Jail Felonies)
§ C10.19 Instruction—State Jail Felony—Enhanced (Two Prior Felonies)
PART VI. SPECIFIC MISDEMEANOR PUNISHMENT INSTRUCTIONS
§ C10.20 General Comments—Instructions on Good Conduct Time
§ C10.21 Instruction—Class A Misdemeanor—Unenhanced
§ C10.22 Instruction—Class A Misdemeanor—Enhanced (One Prior Conviction)
§ C10.23 Instruction—Class B Misdemeanor—Unenhanced
§ C10.24 Instruction—Class B Misdemeanor—Enhanced (One Prior Conviction)
APPENDIX
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
DIGITAL PRODUCT DOCUMENTATION
