Texas Criminal Pattern Jury Charges—Criminal Defenses

CPJC-Defenses-2015-3D

Texas Criminal Pattern Jury Charges—Criminal Defenses

  • By the State Bar Committee on Pattern Jury Charges—Criminal
  • Instant Download! Digital Download Features
  • 1 volume; softbound
  • © 2015
  • 320 pages


Need more than one copy? Select the additional license check box on the purchase page and pay only $25 per license.

An extremely valuable resource for the bench and bar, Texas Criminal Pattern Jury Charges—Criminal Defenses, 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—Criminal Defenses provides instructions on most defenses, including:

  • Entrapment
  • Necessity
  • Self-defense for a variety of situations
  • Defense of property
  • Defense of others

For this series, the committee has 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.

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.

The Texas Criminal Pattern Jury Charges—Criminal Defenses Digital Download is included at no charge with purchase of the hard copy 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 20 DEFENSES GENERALLY
CPJC 20.1 Categorizing Defenses
CPJC 20.2 Burdens of Proof and Production under Texas Penal Code Chapter 2
CPJC 20.3 Explaining to Jury State’s Burden of Proof on Defenses
CPJC 20.4 Nonstatutory Defensive Positions and Jury Instructions
CPJC 20.5 Instructions on Inconsistent Defenses
CPJC 20.6 “Confession and Avoidance”: Need to Admit Offense
CPJC 20.7 Failure to Instruct on Defense Cannot Be “Fundamental” Error
CPJC 20.8 Defendant’s Right to Have No Instruction on Defense
CPJC 20.9 Relationship of Necessity to Other Defensive Positions

CHAPTER 21 LACK OF VOLUNTARY ACT
CPJC 21.1 General Comments
CPJC 21.2 Terminology
CPJC 21.3 Situations That Do and Do Not Put Voluntariness into Issue
CPJC 21.4 Distinguishing Lack of Intent to Cause Result of Conduct from Lack of Culpable Mental State
CPJC 21.5 Course of Conduct Including Voluntary and Involuntary Acts
CPJC 21.6 Instruction—Lack of Voluntary Act

CHAPTER 22 MISTAKE OF FACT

CPJC 22.1 Basic Framework for Mistake of Fact under Texas Law
CPJC 22.2 Pre-1974 Texas Mistake-of-Fact Law
CPJC 22.3 Other Jurisdictions and Potential Constitutional Problem
CPJC 22.4 Possible Alternative Approach—Two Mistake-of-Fact Defenses
CPJC 22.5 Reasonableness of Mistake as Matter for Court Rather Than Jury
CPJC 22.6 Committee’s Approach
CPJC 22.7 Instruction—Mistake of Fact

CHAPTER 23 VOLUNTARY INTOXICATION

CPJC 23.1 Voluntary Intoxication Generally
CPJC 23.2 Instruction—Voluntary Intoxication

CHAPTER 24 INSANITY

CPJC 24.1 Insanity Generally
CPJC 24.2 Consequences of Insanity Acquittal
CPJC 24.3 Defining “Wrong”
CPJC 24.4 Defining “Severe Mental Disease or Defect”
CPJC 24.5 Instruction—Insanity

CHAPTER 25 “DIMINISHED CAPACITY,” OR MENTAL CONDITION EVIDENCE DISPROVING CULPABLE MENTAL STATE

CPJC 25.1 Diminished Capacity Generally

CHAPTER 26 INVOLUNTARY INTOXICATION

CPJC 26.1 Involuntary Intoxication Generally
CPJC 26.2 Committee’s Position
CPJC 26.3 Instruction—Involuntary Intoxication

CHAPTER 27 ENTRAPMENT

CPJC 27.1 Entrapment Generally
CPJC 27.2 Status of “Informers”
CPJC 27.3 Instruction—Entrapment

CHAPTER 28 NECESSITY

CPJC 28.1 Necessity Generally—Need to “Admit” Offense
CPJC 28.2 Instruction—Necessity

CHAPTER 29 MISTAKE OF LAW

CPJC 29.1 Texas Penal Code Distinction between Mistakes of “Fact” and Mistakes of “Law”
CPJC 29.2 Instruction—Mistake of Law

CHAPTER 30 DURESS

CPJC 30.1 General Law of Duress
CPJC 30.2 Instruction—Duress (Felony)
CPJC 30.3 Instruction—Duress (Misdemeanor)

CHAPTER 31 SELF-DEFENSE—NONDEADLY FORCE

PART I. BASIC SELF-DEFENSE STANDARDS

CPJC 31.1 Self-Defense Generally
CPJC 31.2 Pre-1974 Penal Code Self-Defense Law and Jury Instructions
CPJC 31.3 Role of “Provocation” in Self-Defense Instructions
CPJC 31.4 Statutory Presumption
CPJC 31.5 Retreat
CPJC 31.6 Converse Instructions on Self-Defense

PART II. GENERAL RULE OF SELF-DEFENSE

CPJC 31.7 Multiple-Assailant Instruction Generally
CPJC 31.8 Commission of Weapons Offense as Rendering Self-Defense Inapplicable
CPJC 31.9 Instruction—Nondeadly Force in Self-Defense

PART III. NONDEADLY FORCE IN SELF-DEFENSE WITH CONSENT ISSUE

CPJC 31.10 Nondeadly Force in Self-Defense with Consent Issue
CPJC 31.11 Instruction—Nondeadly Force and Consent Issue

PART IV. NONDEADLY FORCE IN SELF-DEFENSE WITH PROVOCATION ISSUE

CPJC 31.12 Nondeadly Force in Self-Defense with Provocation Issue
CPJC 31.13 When Instruction on Provocation Is Proper
CPJC 31.14 Defining Provocation
CPJC 31.15 Verbal Provocation as Insufficient Justification
CPJC 31.16 Abandonment of Provoking Attack
CPJC 31.17 Instruction—Nondeadly Force and Provocation Issue

CHAPTER 32 SELF-DEFENSE INVOLVING DEADLY FORCE

CPJC 32.1 Deadly Force in Self-Defense Generally
CPJC 32.2 Instruction—Self-Defense Involving Deadly Force to Protect against Deadly Force by Another
CPJC 32.3 Instruction—Self-Defense Involving Deadly Force

CHAPTER 33 SELF-DEFENSE AGAINST ACTION BY PEACE OFFICER

CPJC 33.1 Self-Defense against Action by Peace Officer Generally
CPJC 33.2 Instruction—Self-Defense against Action by Peace Officer—No Allegation of Excessive Force
CPJC 33.3 Instruction—Self-Defense against Action by Peace Officer—Allegation of Excessive Force

CHAPTER 34 DEFENSE OF OTHERS

CPJC 34.1 Defense of Others Generally
CPJC 34.2 Instruction—Nondeadly Force in Defense of Another

CHAPTER 35 DEADLY FORCE TO PREVENT FELONY

CPJC 35.1 Deadly Force to Prevent Felony Generally
CPJC 35.2 Instruction—Deadly Force to Prevent Felony
CPJC 35.3 Instruction—Deadly Force to Prevent Felony—Alternative Approach

CHAPTER 36 DEFENSE OF PROPERTY

CPJC 36.1 Defense of Property Generally
CPJC 36.2 Defense of “Habitation” or “Dwelling”
CPJC 36.3 Nondeadly Force in Defense of One’s Own Personal Property—Property in One’s Possession and Recovering Property
CPJC 36.4 Instruction—Nondeadly Force in Defense of One’s Own Personal Property—Preventing Interference with Property in One’s Possession
CPJC 36.5 Instruction—Nondeadly Force in Defense of One’s Own Personal Property—Recovering Property
CPJC 36.6 Nondeadly Force in Defense of Land Generally
CPJC 36.7 Instruction—Nondeadly Force in Defense of Land
CPJC 36.8 Instruction—Deadly Force in Defense of One’s Own Personal Property
CPJC 36.9 Deadly Force in Defense of Land Generally
CPJC 36.10 Instruction—Deadly Force in Defense of Land
CPJC 36.11 Instruction—Nondeadly Force in Defense of Third Person’s Personal Property

APPENDIX
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
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