This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.
Houston Texas Jury Instruction — Possession: A Detailed Explanation of Different Types In Houston, Texas, the jury instruction for possession is crucial in criminal cases involving the possession of controlled substances or illegal weapons. This instruction guides the jury in determining whether the accused individual knowingly had control or ownership over the item in question, and whether they had intent to possess it. The Houston Texas Jury Instruction — Possession covers various aspects of possession, including: 1. Actual Possession: This type of possession refers to having physical custody or control over an item. For example, if an individual is found with drugs in their pocket, they are considered to have actual possession. 2. Constructive Possession: Unlike actual possession, constructive possession does not require physical custody or control. Instead, it involves having the power, intent, and knowledge to exercise control or dominion over the item. For instance, if drugs are found in a person's home or car, and they have the access and knowledge of their presence, they can be charged with constructive possession. 3. Joint Possession: Joint possession occurs when two or more individuals have shared control, dominion, or ownership of an item. This often arises in cases where drugs or illegal weapons are found in a shared space, such as a vehicle or a residence. To establish joint possession, it must be proven that each individual had knowledge of the item's presence and had the ability to exercise control over it. 4. Knowing Possession: This instruction focuses on the defendant's mental state, particularly their knowledge of the item's presence and its illegal nature. To find the defendant guilty of possession, the jury must determine that they were aware of the presence of the item and knew it was a controlled substance or an illegal weapon. 5. Unlawful Possession: This instruction addresses the legality or illegality of the possession in question. It emphasizes that if the accused individual knows they possess an item that is illegal to possess under Texas law, they can be found guilty of unlawful possession. 6. Possession with Intent to Distribute: In cases involving controlled substances, this instruction specifically addresses the intent to distribute or sell. The jury must determine if the defendant possessed the controlled substance with the intention of selling or delivering it to others, rather than solely for personal use. Houston Texas Jury Instruction — Possession ensures that the jury properly considers the circumstances of the possession charge and applies the relevant legal standards. It assists the jurors in reaching a fair and accurate decision based on the evidence presented during the trial. Overall, possession jury instructions in Houston, Texas play a significant role in criminal cases involving the possession of controlled substances or illegal weapons. It is essential for the jury to understand the different types of possession and their specific requirements in order to make an informed decision regarding the guilt or innocence of the accused individual.
Houston Texas Jury Instruction — Possession: A Detailed Explanation of Different Types In Houston, Texas, the jury instruction for possession is crucial in criminal cases involving the possession of controlled substances or illegal weapons. This instruction guides the jury in determining whether the accused individual knowingly had control or ownership over the item in question, and whether they had intent to possess it. The Houston Texas Jury Instruction — Possession covers various aspects of possession, including: 1. Actual Possession: This type of possession refers to having physical custody or control over an item. For example, if an individual is found with drugs in their pocket, they are considered to have actual possession. 2. Constructive Possession: Unlike actual possession, constructive possession does not require physical custody or control. Instead, it involves having the power, intent, and knowledge to exercise control or dominion over the item. For instance, if drugs are found in a person's home or car, and they have the access and knowledge of their presence, they can be charged with constructive possession. 3. Joint Possession: Joint possession occurs when two or more individuals have shared control, dominion, or ownership of an item. This often arises in cases where drugs or illegal weapons are found in a shared space, such as a vehicle or a residence. To establish joint possession, it must be proven that each individual had knowledge of the item's presence and had the ability to exercise control over it. 4. Knowing Possession: This instruction focuses on the defendant's mental state, particularly their knowledge of the item's presence and its illegal nature. To find the defendant guilty of possession, the jury must determine that they were aware of the presence of the item and knew it was a controlled substance or an illegal weapon. 5. Unlawful Possession: This instruction addresses the legality or illegality of the possession in question. It emphasizes that if the accused individual knows they possess an item that is illegal to possess under Texas law, they can be found guilty of unlawful possession. 6. Possession with Intent to Distribute: In cases involving controlled substances, this instruction specifically addresses the intent to distribute or sell. The jury must determine if the defendant possessed the controlled substance with the intention of selling or delivering it to others, rather than solely for personal use. Houston Texas Jury Instruction — Possession ensures that the jury properly considers the circumstances of the possession charge and applies the relevant legal standards. It assists the jurors in reaching a fair and accurate decision based on the evidence presented during the trial. Overall, possession jury instructions in Houston, Texas play a significant role in criminal cases involving the possession of controlled substances or illegal weapons. It is essential for the jury to understand the different types of possession and their specific requirements in order to make an informed decision regarding the guilt or innocence of the accused individual.