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

TCPJC-General-Instructions

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

  • By the State Bar Committee on Pattern Jury Charges—Criminal
  • Instant Download! Digital Download Features
  • 1 volume; softbound
  • © 2015
  • 444 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, the Texas Criminal Pattern Jury Charges series, 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.

Designed to complement the other volumes in the series, Texas Criminal Pattern Jury Charges—General, Evidentiary & Ancillary Instructions provides instructions not specific to a particular crime but which can be used in a wide variety of cases. These include—

  • Lesser included offenses
  • Presumptions
  • Exclusionary rule issues
  • Out-of-court statements

Also included are a general charge, a quick guide to drafting a jury charge, and extensive commentary on legal issues in using the Texas Criminal Pattern Jury Charges series.

The Texas Criminal Pattern Jury Charges—General, Evidentiary & Ancillary Instructions 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 judge should seriously consider using in conducting any 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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CHAPTER 1 COMMENTARY ON CRIMINAL JURY CHARGES

CPJC 1.1 General Matters
CPJC 1.2 Jury Instructions in Criminal Cases—Terminology and Structure
CPJC 1.3 Prohibition against Commenting on Evidence, Summarizing Testimony, and Discussing Facts
CPJC 1.4 Analyses from Appellate Opinions
CPJC 1.5 Definitions of Terms
CPJC 1.6 Burden of Proof
CPJC 1.7 Culpable Mental States
CPJC 1.8 Causation
CPJC 1.9 Jury Unanimity
CPJC 1.10 Venue

CHAPTER 2 THE GENERAL CHARGE

CPJC 2.1 Instruction

CHAPTER 3 SPECIAL INSTRUCTIONS

CPJC 3.1 Instruction—Limited Use of Evidence—Uncharged “Bad Acts”
CPJC 3.2 Instruction—Limited Use of Evidence—Defendant’s Prior Convictions
CPJC 3.3 Instruction—Accomplice Witness Testimony—Accomplice as Matter of Law
CPJC 3.4 Instruction—Accomplice Witness Testimony—Accomplice Status Submitted to Jury
CPJC 3.5 Instruction—Covert Agent Testimony—Corroboration Required as Matter of Law
CPJC 3.6 Instruction—Covert Agent Testimony—Corroboration Requirement Submitted to Jury
CPJC 3.7 Instruction—Use or Exhibition of Deadly Weapon—By Defendant PersonallyCPJC 3.8 Instruction—Use or Exhibition of Deadly Weapon—By Defendant or Party

CHAPTER 4 TRANSFERRED INTENT

CPJC 4.1 General Comments
CPJC 4.2 Instruction—Transferred Intent—Different Offense
CPJC 4.3 Instruction—Transferred Intent—Different Person or Property

CHAPTER 5 PARTY LIABILITY

CPJC 5.1 Party Liability Generally
CPJC 5.2 Instruction—Party Liability
CPJC 5.3 Instruction—Primary Actor and Party Liability
CPJC 5.4 Instruction—Coconspirator Liability
CPJC 5.5 Instruction—Primary Actor, Party, or Coconspirator Liability

CHAPTER 6 UNCHARGED AND LESSER INCLUDED OFFENSES

CPJC 6.1 Submission of an Uncharged Offense
CPJC 6.2 Submission of a Lesser Included Offense
CPJC 6.3 Instruction—Lesser Included Offense—Acquit First of Greater Offense
CPJC 6.4 Instruction—Lesser Included Offense—Reasonable Effort

CHAPTER 7 PRESUMPTIONS

CPJC 7.1 Jury Charges on Presumptions
CPJC 7.2 Instruction—Presumption of Knowledge—Aggravated Assault on Public Servant Wearing Distinctive Uniform or Badge
CPJC 7.3 Instruction—Presumption of Recklessness and Danger—Knowingly Pointing a Firearm at Another Person
CPJC 7.4 Instruction—Presumption of Intent—Theft of Service

CHAPTER 8 EXCLUSIONARY RULE ISSUES

CPJC 8.1 General Matters
CPJC 8.2 Other Aspects of Recent Case Law
CPJC 8.3 Definitions of Terms
CPJC 8.4 Burden of Persuasion
CPJC 8.5 Structure of Instructions
CPJC 8.6 Instruction—Exclusionary Rules—Evidence Obtained as Result of Traffic Stop for Speeding
CPJC 8.7 Instruction—Exclusionary Rules—Evidence Obtained as Result of Traffic Stop for Failure to Signal Turn
CPJC 8.8 Instruction—Exclusionary Rules—Evidence Obtained as Result of Extending Traffic Stop for Dog Sniff
CPJC 8.9 Instruction—Exclusionary Rules—Evidence Obtained as Result of Arrest for Disorderly Conduct
CPJC 8.10 Instruction—Exclusionary Rules—Evidence Obtained as Result of Implied Consent Intoxilyzer Test

CHAPTER 9 OUT-OF-COURT STATEMENTS

PART I. GENERAL MATTERS

CPJC 9.1 Jury Submission of Issues Relating to Out-of-Court Statements

PART II. STATE LAW VOLUNTARINESS ISSUES

CPJC 9.2 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 6
CPJC 9.3 Content of Instruction Regarding Voluntariness
CPJC 9.4 Instruction—Texas Law Voluntariness
CPJC 9.5 Instruction—Texas Law Voluntariness—Fruits of Contested Statement at Issue

PART III. WARNINGS, WAIVERS, AND RELATED MATTERS

CPJC 9.6 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 7
CPJC 9.7 Content of Instruction Regarding Warnings and Waivers
CPJC 9.8 Instruction—Possible State Law Right to Counsel During Custodial Interrogation

PART IV. WRITTEN STATEMENTS

CPJC 9.9 When Submission of Written Statements Is Required
CPJC 9.10 Warning by Magistrate
CPJC 9.11 Instruction—Written Statement with Warning by Person to Whom Statement Was Made
CPJC 9.12 Instruction—Written Statement with Warning by Magistrate

PART V. ORAL RECORDED STATEMENTS

CPJC 9.13 When Submission of Oral Statements Is Required
CPJC 9.14 Content of Instruction Regarding Oral Recorded Statements
CPJC 9.15 Instruction—Warnings and Waiver Required for Recorded Oral Statement

PART VI. FEDERAL DUE-PROCESS VOLUNTARINESS ISSUES

CPJC 9.16 When Submission of a Claim of Federal Due-Process Involuntariness Is Required
CPJC 9.17 Contents of Instruction Regarding Federal Due-Process Voluntariness
CPJC 9.18 Instruction—Normal Due-Process Voluntariness
CPJC 9.19 Claims of Due-Process Voluntariness Addressing Overbearing of the Will
CPJC 9.20 Instruction—Due-Process Overbearing of the Will Voluntariness

[Chapters 10 and 11 are reserved for expansion.]

CHAPTER 12 PUNISHMENT INSTRUCTIONS

PART I. GENERAL MATTERS

CPJC 12.1 General Approach to Punishment Stage Instructions
CPJC 12.2 Enhancement

PART II. GENERAL PUNISHMENT INSTRUCTION

CPJC 12.3 Instruction—Punishment—General

PART III. COMMUNITY SUPERVISION INSTRUCTIONS

CPJC 12.4 General Comments on Community Supervision
CPJC 12.5 Instruction—Community Supervision—Felony Conviction
CPJC 12.6 Instruction—Community Supervision—Misdemeanor Conviction

PART IV. SPECIFIC FELONY PUNISHMENT INSTRUCTIONS

CPJC 12.7 General Comments—Good Conduct Time and Parole
Instructions—Section 3g Offenses and Deadly Weapon Findings
CPJC 12.8 Instruction—First-Degree Felony—Unenhanced
CPJC 12.9 Instruction—First-Degree Felony—Enhanced (One Prior Felony)
CPJC 12.10 Instruction—Second-Degree Felony—Unenhanced
CPJC 12.11 Instruction—Second-Degree Felony—Enhanced (One Prior Felony)
CPJC 12.12 Instruction—Third-Degree Felony—Unenhanced
CPJC 12.13 Instruction—Third-Degree Felony—Enhanced (One Prior Felony)
CPJC 12.14 Instruction—Any Felony Other Than State Jail Felony—Enhanced (Two Prior Felonies)

PART V. SPECIFIC STATE JAIL FELONY PUNISHMENT INSTRUCTIONS

CPJC 12.15 General Comments on State Jail Felonies
CPJC 12.16 Instruction—State Jail Felony—Unenhanced
CPJC 12.17 Instruction—State Jail Felony—Enhanced (One Prior Felony)
CPJC 12.18 Instruction—State Jail Felony—Enhanced (Two Prior State Jail Felonies)
CPJC 12.19 Instruction—State Jail Felony—Enhanced (Two Prior Felonies)

PART VI. SPECIFIC MISDEMEANOR PUNISHMENT INSTRUCTIONS

CPJC 12.20 General Comments—Instructions on Good Conduct Time
CPJC 12.21 Instruction—Class A Misdemeanor—Unenhanced
CPJC 12.22 Instruction—Class A Misdemeanor—Enhanced (One Prior Conviction)
CPJC 12.23 Instruction—Class B Misdemeanor—Unenhanced
CPJC 12.24 Instruction—Class B Misdemeanor—Enhanced (One Prior Conviction)

PART VII. INTOXICATION OFFENSES

CPJC 12.25 General Comments on Intoxication Offenses
CPJC 12.26 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced
CPJC 12.27 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15
CPJC 12.28 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated— Unenhanced—Open Container Accusation (Plea of Not True)
CPJC 12.29 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15—Open Container Accusation (Plea of Not True)
CPJC 12.30 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of True)
CPJC 12.31 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15—Open Container Accusation (Plea of True)
CPJC 12.32 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Enhanced (Plea of Not True)
CPJC 12.33 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Enhanced (Plea of True)
CPJC 12.34 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Enhanced (Plea of Not True)—Open Container Accusation (Plea of Not True)
CPJC 12.35 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Enhanced (Plea of Not True)—Open Container Accusation (Plea of True)
CPJC 12.36 Instruction—Suspension of Driver’s License

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