Texas Criminal Pattern Jury Charges—Intoxication and Controlled Substances
Texas Criminal Pattern Jury Charges–Intoxication and Controlled Substances
- By the State Bar Pattern Jury Charges Committee–Criminal.
- Instant Download! Download an electronic version containing the entire book and all charge language.
- 1 volume; softbound
- Copyright ©2009
- 374 Pages
- $125.00
Texas Criminal Pattern Jury Charges—Intoxication and Controlled Substances 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.
Texas Criminal Pattern Jury Charges—Intoxication and Controlled Substances downloadable electronic version 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.
The Pattern Jury Charges Committee—Criminal is composed of approximately twenty members drawn from the bench, prosecutors’ offices, defense practice, and academia. In this first volume, the Committee makes basic recommendations concerning criminal jury instructions. It also provides proposed instructions for use in several types of cases illustrating how these basic recommendations would be implemented. –George E. Dix, George R. Killam, Jr. Chair of Criminal Law, University of Texas at Austin, and Vice-Chair, Pattern Jury Charges Committee–Criminal
View other volumes in our Texas Pattern Jury Charges series.
TABLE OF CONTENTS
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 – SPECIAL INSTRUCTIONS
§ A3.1 Instruction—Limited Use of Evidence—Uncharged “Bad Acts”
§ A3.2 Instruction—Limited Use of Evidence—Defendant’s Prior Convictions
§ A3.3 Instruction—Accomplice Witness Testimony—Accomplice as Matter of Law
§ A3.4 Instruction—Accomplice Witness Testimony—Accomplice Status Submitted to Jury
§ A3.5 Instruction—Covert Agent Testimony—Corroboration Required as Matter of Law
§ A3.6 Instruction—Covert Agent Testimony—Corroboration Requirement Submitted to Jury
§ A3.7 Instruction—Use or Exhibition of Deadly Weapon—By Defendant Personally
§ A3.8 Instruction—Use or Exhibition of Deadly Weapon—By Defendant or Party
CHAPTER 4 – INTOXICATION OFFENSES
PART I. GENERAL MATTERS
§ A4.1 Statutory References
§ A4.2 Liberalization of DWI Pleading
§ A4.3 Definition of “Motor Vehicle”
§ A4.4 Definition of “Operate”
§ A4.5 “Synergistic Effect” Instruction
§ A4.6 “No Defense” Instruction
§ A4.7 “No Culpable Mental State Requirement” Instruction
§ A4.8 “Refusal” Instruction
§ A4.9 Limited Use of Breath Test Evidence
§ A4.10 “Involuntary Intoxication” Defense Instruction
§ A4.11 Necessity Defense Instruction
PART II. MISDEMEANOR DRIVING WHILE INTOXICATED
§ A4.12 Instruction—Misdemeanor Driving While Intoxicated (with Necessity Defense)
PART III. OTHER RELATED OFFENSES
§ A4.13 Instruction—Driving While Intoxicated with Child Passenger
§ A4.14 Instruction—Misdemeanor Flying While Intoxicated
§ A4.15 Instruction—Misdemeanor Boating While Intoxicated
PART IV. FELONY ENHANCED OFFENSES
§ A4.16 General Comments
§ A4.17 Instruction—Felony Driving While Intoxicated (Two Prior DWI Convictions)
§ A4.18 Instruction—Felony Driving While Intoxicated (Prior Intoxication Manslaughter Conviction)
PART V. DEATH OR INJURY INTOXICATION OFFENSES
§ A4.19 General Comments—Causation
§ A4.20 Instruction—Intoxication Manslaughter
§ A4.21 Instruction—Intoxication Assault
CHAPTER 5 – CONTROLLED SUBSTANCES OFFENSES
PART I. GENERAL MATTERS
§ A5.1 Rationale for Included Instructions
§ A5.2 Weight Requirements and Grading of Offenses
§ A5.3 Culpable Mental State Concerning Nature of Substance
§ A5.4 Culpable Mental State Concerning Weight of Substance
PART II. POSSESSORY OFFENSES
§ A5.5 General Comments
§ A5.6 Instruction—Possession of Marijuana—Class B Misdemeanor (with Voluntariness Requirement)
§ A5.7 Instruction—Possession of Marijuana—Other Grades
§ A5.8 Instruction—Possession of Controlled Substance
PART III. DELIVERY OFFENSES
§ A5.9 General Comments
§ A5.10 Instruction—Delivery of Controlled Substance—By Actual or Constructive Transfer
§ A5.11 Instruction—Delivery of Controlled Substance—By Offer to Sell
§ A5.12 Instruction—Possession of Controlled Substance with Intent to Deliver
CHAPTER 6 – PUNISHMENT INSTRUCTIONS
PART I. GENERAL MATTERS
§ A6.1 General Approach to Punishment Stage Instructions
§ A6.2 Enhancement
PART II. GENERAL PUNISHMENT INSTRUCTION
§ A6.3 Instruction—Punishment—General
PART III. COMMUNITY SUPERVISION INSTRUCTIONS
§ A6.4 General Comments
§ A6.5 Instruction—Community Supervision—Felony Conviction
§ A6.6 Instruction—Community Supervision—Misdemeanor Conviction
PART IV. SPECIFIC FELONY PUNISHMENT INSTRUCTIONS
§ A6.7 General Comments—Good Conduct Time and Parole Instructions—Section 3g Offenses and Deadly Weapon Findings
§ A6.8 Instruction—First-Degree Felony—Unenhanced
§ A6.9 Instruction—First-Degree Felony—Enhanced (One Prior Felony)
§ A6.10 Instruction—Second-Degree Felony—Unenhanced
§ A6.11 Instruction—Second-Degree Felony—Enhanced (One Prior Felony)
§ A6.12 Instruction—Third-Degree Felony—Unenhanced
§ A6.13 Instruction—Third-Degree Felony—Enhanced (One Prior Felony)
§ A6.14 Instruction—Any Felony other than State Jail Felony—Enhanced (Two Prior Felonies)
PART V. SPECIFIC STATE JAIL FELONY PUNISHMENT INSTRUCTIONS
§ A6.15 General Comments
§ A6.16 Instruction—State Jail Felony—Unenhanced
§ A6.17 Instruction—State Jail Felony—Enhanced (One Prior Felony)
§ A6.18 Instruction—State Jail Felony—Enhanced (Two Prior State Jail Felonies)
§ A6.19 Instruction—State Jail Felony—Enhanced (Two Prior Felonies)
PART VI. SPECIFIC MISDEMEANOR PUNISHMENT INSTRUCTIONS
§ A6.20 General Comments—Instructions on Good Conduct Time
§ A6.21 Instruction—Class A Misdemeanor—Unenhanced
§ A6.22 Instruction—Class A Misdemeanor—Enhanced (One Prior Conviction)
§ A6.23 Instruction—Class B Misdemeanor—Unenhanced
§ A6.24 Instruction—Class B Misdemeanor—Enhanced (One Prior Conviction)
PART VII. INTOXICATION OFFENSES
§ A6.25 General Comments
§ A6.26 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced
§ A6.27 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of Not True)
§ A6.28 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of True)
§ A6.29 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Enhanced (Plea of Not True)
§ A6.30 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Enhanced (Plea of True)
§ A6.31 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Enhanced (Plea of Not True)—Open Container Accusation (Plea of Not True)
§ A6.32 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Enhanced (Plea of Not True)—Open Container Accusation (Plea of True)
§ A6.33 Instruction—Suspension of Driver’s License
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
ELECTRONIC FILES DOCUMENTATION
