Texas Criminal Pattern Jury Charges Property Crimes

TPJC-Property-Crimes-3D-300

Texas Criminal Pattern Jury Charges—Property Crimes

  • By the State Bar Committee on Pattern Jury Charges—Criminal
  • Instant Download! Digital Product Features
  • 1 volume; softbound
  • 336 pages
  • © 2012
  • $125.00

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Texas Criminal Pattern Jury Charges—Property Crimes includes a thorough discussion of legal issues of concern in drafting criminal charges, a complete general charge, and special instructions for a variety of topics. With this book, the committee designed an outline that explicitly states the relevant statutes and legal definitions and then applies the law to the facts in commonsense language. Each section is clearly identified, and the format enhances readability for the jury. The book also includes a quick guide to drafting a jury charge.

This is the fourth volume of the Texas Criminal Pattern Jury Charges series. It contains model jury instructions on property crimes, including arson, burglary, criminal trespass, theft and related offenses, and misapplication of fiduciary property.

The Texas Criminal Pattern Jury Charges—Property Crimes downloadable digital product is included with purchase and contains the entire book in a hyperlinked and word-searchable PDF file. Texas case citations are linked to PDF files of the cases and to an online version of the Casemaker Web Library. Texas statute citations are linked to the main code sections cited via Casemaker online. The downloadable version includes a link to the Texas Constitution and Statutes Web site for downloads of Texas codes. All charge language is included as RTF files, linked from the main PDF file of the book for quick retrieval and assembly of the jury charge.

View other volumes in our Texas Pattern Jury Charges series. Or, get all four criminal volumes for $400.

CONTENTS

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PREFACE
INTRODUCTION
QUICK GUIDE TO DRAFTING A JURY CHARGE

CHAPTER 1 – COMMENTARY ON CRIMINAL JURY CHARGES

§ A1.1 General Matters
§ A1.2 Jury Instructions in Criminal Cases—Terminology and Structure
§ A1.3 Prohibition against Commenting on Evidence, Summarizing Testimony, and Discussing Facts
§ A1.4 Analyses from Appellate Opinions
§ A1.5 Definitions of Terms
§ A1.6 Burden of Proof
§ A1.7 Culpable Mental States
§ A1.8 Causation
§ A1.9 Jury Unanimity
§ A1.10 Venue

CHAPTER 2 – THE GENERAL CHARGE

§ A2.1 Instruction

CHAPTER 3– ARSON

§ D3.1 Statutory References
§ D3.2 Arson Generally
§ D3.3 Instruction—Arson of Building, Habitation, or Vehicle within Limits of Incorporated City or Town
§ D3.4 Instruction—Arson of Building, Habitation, or Vehicle
§ D3.5 Instruction—Arson on Open-Space Land
§ D3.6 Instruction—Arson While Manufacturing Controlled Substance
§ D3.7 Instruction—Arson with Reckless Damage

CHAPTER 4–BURGLARY AND CRIMINAL TRESPASS

§ D4.1 Statutory References—Burglary
§ D4.2 General Comments; Culpable Mental States
§ D4.3 Instruction—Burglary of Building by Entry with Intent to Commit Offense
§ D4.4 Instruction—Burglary of Building by Entry and Commission of Offense
§ D4.5 Instruction—Burglary of Habitation by Entry with Intent to Commit Offense
§ D4.6 Instruction—Burglary of Building by Entry with Intent to Commit Offense or Entry and Commission of Offense
§ D4.7 Statutory References—Criminal Trespass
§ D4.8 Statutory Framework
§ D4.9 Lesser Included Offense Analysis and Relationship between Trespass and Burglary
§ D4.10 Culpable Mental State Analysis
§ D4.11 Terminology: “Of Another” and “Ownership”
§ D4.12 Note on Definition of “Habitation”
§ D4.13 Instruction—Criminal Trespass by Entering Building
§ D4.14 Instruction—Criminal Trespass by Entering Habitation—Class A Misdemeanor
§ D4.15 Instruction—Criminal Trespass by Remaining in Building

CHAPTER 5 THEFT AND RELATED OFFENSES

§ D5.1 Statutory References
§ D5.2 Statutory Framework
§ D5.3 Instruction—Theft
§ D5.4 Instruction—Theft by Exercising Control without Consent
§ D5.5 Instruction—Theft by Exercising Control with Consent Obtained by Deception
§ D5.6 Instruction—Theft by Exercising Control with Consent Obtained by Coercion
§ D5.7 Instruction—Aggregated Theft
§ D5.8 Instruction—Theft of Services
§ D5.9 Instruction—Unauthorized Use of Vehicle
§ D5.10 Interest in Property as Defense
§ D5.11 Instruction—Defense of Mistake of Fact

CHAPTER 6 MISAPPLICATION OF FIDUCIARY PROPERTY

§ D6.1 Statutory References
§ D6.2 General Comments
§ D6.3 Instruction—Misapplication of Fiduciary Property

CHAPTER 7 PUNISHMENT INSTRUCTIONS

PART I. GENERAL MATTERS

§ D7.1 General Approach to Punishment Stage Instructions
§ D7.2 Enhancement

PART II. GENERAL PUNISHMENT INSTRUCTION

§ D7.3 Instruction—Punishment—General

PART III. COMMUNITY SUPERVISION INSTRUCTIONS

§ D7.4 General Comments
§ D7.5 Instruction—Community Supervision—Felony Conviction
§ D7.6 Instruction—Community Supervision—Misdemeanor Conviction

PART IV. SPECIFIC FELONY PUNISHMENT INSTRUCTIONS

§ D7.7 General Comments—Good Conduct Time and Parole Instructions—Section 3g Offenses and Deadly Weapon Findings
§ D7.8 Instruction—First-Degree Felony—Unenhanced
§ D7.9 Instruction—First-Degree Felony—Enhanced (One Prior Felony)
§ D7.10 Instruction—Second-Degree Felony—Unenhanced
§ D7.11 Instruction—Second-Degree Felony—Enhanced (One Prior Felony)
§ D7.12 Instruction—Third-Degree Felony—Unenhanced
§ D7.13 Instruction—Third-Degree Felony—Enhanced (One Prior Felony)
§ D7.14 Instruction—Any Felony other than State Jail Felony—Enhanced (Two Prior Felonies)

PART V. SPECIFIC STATE JAIL FELONY PUNISHMENT INSTRUCTIONS

§ D7.15 General Comments
§ D7.16 Instruction—State Jail Felony—Unenhanced
§ D7.17 Instruction—State Jail Felony—Enhanced (One Prior Felony)
§ D7.18 Instruction—State Jail Felony—Enhanced (Two Prior State Jail Felonies)
§ D7.19 Instruction—State Jail Felony—Enhanced (Two Prior Felonies)

PART VI. SPECIFIC MISDEMEANOR PUNISHMENT INSTRUCTIONS

§ D7.20 General Comments—Instructions on Good Conduct Time
§ D7.21 Instruction—Class A Misdemeanor—Unenhanced
§ D7.22 Instruction—Class A Misdemeanor—Enhanced (One Prior Conviction)
§ D7.23 Instruction—Class B Misdemeanor—Unenhanced
§ D7.24 Instruction—Class B Misdemeanor—Enhanced (One Prior Conviction)

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

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