Short Take: Jury Instructions in Texas

 Posted on March 16, 2023 in Uncategorized

Jury instructions are an essential part of any criminal trial in Texas. They are the set of legal rules that the judge provides to the jury to help them understand the relevant law and how it applies to the facts of the case. Jury instructions are typically given after the presentation of evidence and closing arguments by both the prosecution and the defense.

In a Texas criminal case, the judge will typically provide the jury with both general and specific instructions. General instructions cover broad legal concepts, such as the presumption of innocence, the burden of proof, and the elements of the offense. Specific instructions, on the other hand, apply those legal concepts to the particular facts of the case.

The judge may also provide the jury with instructions on affirmative defenses, which are defenses that admit the underlying conduct but argue that the defendant is not criminally responsible due to some specific circumstance. For example, self-defense or duress may be considered affirmative defenses in some cases.

It is essential for both the prosecution and the defense to carefully review and object to any incorrect or incomplete jury instructions. If either party believes that the jury instructions are legally incorrect or unfairly favor one side, they may request that the judge modify or clarify the instructions.

In reading records for appeals, the most common mistake we see other lawyers make is not to carefully read and object to the court's jury charge. Charge error that was preserved with an objection is often reversible error; charge error that was not preserved (because the trial lawyer didn't say anything about it) is not.

It is crucial for the jury to fully understand the instructions provided by the judge. In addition to reading the instructions, the judge will provide the jury with written copies of the instructions to use during their deliberations. The jury must then apply the law as instructed by the judge to the facts of the case to reach a verdict.

Overall, jury instructions are a critical component of a criminal trial in Texas. They help the jury understand the relevant law and how it applies to the facts of the case. It is crucial for the criminal-defense lawyer to carefully review and object to any incorrect or incomplete jury instructions to ensure a fair trial. The right jury instruction can make the difference between conviction and acquittal, and the right objection can make the difference between an acquittal being upheld on appeal, and reversed.