Texas Jury Instruction — Making Threats By Mail or Telephone is a legal guideline provided to juries in Texas that outlines the elements and consequences of making threats through the use of mail or telephone. This instruction helps the jury understand the specific unlawful actions related to this offense and provides guidance on how to assess guilt or innocence in a given case. Keywords: Texas, jury instruction, making threats, mail, telephone, legal guideline, elements, consequences, unlawful actions, guilt, innocence. Different types of Texas Jury Instruction — Making Threats By Mail or Telephone could be: 1. Specific Intent to Threaten: This instruction focuses on the element of specific intent required for a conviction in cases where the defendant intentionally sends threatening messages through mail or telephone, knowing the potential harm it may cause. 2. Communication of Credible Threats: This instruction relates to cases where the prosecution must prove that the threats made through mail or telephone were credible and created a reasonable fear of harm in the recipient. It helps the jury evaluate the nature and severity of the threat. 3. Federal Jurisdiction: In certain cases, the offense of making threats by mail or telephone may fall under federal jurisdiction. This instruction would explain the differences between state and federal statutes and outline the criteria for determining whether the case should be tried at state or federal level. 4. Enhanced Penalties: This instruction addresses situations where the defendant has a prior criminal record or committed the offense against specific individuals or entities, such as public officials or government agencies. It outlines the potential enhanced penalties that may be imposed based on these aggravating factors. 5. First Amendment Considerations: This instruction focuses on the delicate balance between freedom of speech and the prohibition of threatening communications. It helps the jury understand the limits imposed by the First Amendment and guides them in determining if a particular communication crosses the line into criminal conduct. By providing these various instructions, Texas ensures that juries can accurately assess each case involving threats made by mail or telephone, considering different elements and circumstances that may affect the outcome of the trial.
Texas Jury Instruction - Making Threats By Mail Or Telephone
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38.22. When statements may be used. (B) bears the mark of the accused, if the accused is unable to write and the mark is witnessed by a person other than a peace officer.
38.21. STATEMENT. A statement of an accused may be used in evidence against him if it appears that the same was freely and voluntarily made without compulsion or persuasion, under the rules hereafter prescribed.
Testimony of accomplice. A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; and the corroboration is not sufficient if it merely shows the commission of the offense.
The state shall give the defendant notice of the state's intent to introduce in the case in chief evidence described by Section 1 or 2 not later than the 30th day before the date of the defendant's trial.
Section 8.02 - Mistake of Fact (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2.
Article 38.23 reads: (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.