Texas Jury Instruction - Controlled Substances - Death Penalty - Supplemental Instructions - Substantive Instruction
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FAQ
Ten of the 12 jurors must agree with any answer that would lead to a life sentence, while answers that lead to the death penalty must be unanimous.
When the prosecution seeks the death penalty, the sentence is decided by the jury. A death sentence must be unanimous, while a life sentence requires only 10 votes. In case of a hung jury during the penalty phase of the trial, a life sentence is issued?even if only a single juror opposed death (there is no retrial).
In the event the jury shall fail to agree on the issue of punishment, a mistrial shall be declared only in the punishment phase of the trial, the jury shall be discharged, and no jeopardy shall attach. The court shall impanel another jury as soon as practicable to determine the issue of punishment.
To return a valid verdict in criminal trials, jurors must reach a unanimous verdict. In civil trials, agreement of just five sixths of the jurors is sufficient to reach a valid verdict.
A death sentence requires a unanimous vote from the jury in Texas. Over the years, jurors in different capital cases across the state have said the instructions are not clear and they would have voted for life sentences without the possibility of parole if they had known that was an option.
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.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
Once all of the evidence for or against a death sentence is presented, the court submits a series of up to three questions to the jury that drive their determination of the proper sentence that ask whether (1) a defendant is a future danger to society,(2) whether the defendant, if he was guilty as a party, intended to ...