Texas - Burden of Proof

Question 1

Where is the presumption of innocence found?

Answer 1

PC 2.01 - error to fail to instruct the jury on the presumption if D objects to failure

Question 2

Where is requirement for “proof beyond a reasonable doubt”?

Answer 2

PC 2.01

Question 3

What is an “Exception” to a crime in Texas?

Answer 3

It’s an ELEMENT of the offense that the State must negate beyond a reasonable doubt
If an indictment does not contain the exception, then it is VOID and court does not have jurisdiction

Question 4

What is a “Defense” to a Texas crime?

Answer 4

“It is a defense to prosecution…”
Must submit “Defense” to jury if some evidence is admitted supporting it
If submitted, the court must charge: jury shall acquit if jury has reasonable doubt as to the “Defense”

Question 5

What is an “Affirmative Defense” to a Texas Crime?

Answer 5

“It is an affirmative defense…”
State is not required to negate
Submitted if SOME evidence raises issue
D must prove by preponderance of evidence

Question 6

What burdens of proof must the court instruct the jury on?

Answer 6

1. Proof beyond a reasonable doubt
2. Presumption of innocence
3. Exceptions (always because should be in indictment)
4. Defenses, only if raised
5. Affirmative Defenses (only if raised)
6. Statutory Presumptions (not judicial presumptions)

Question 7

How is a presumption in favor of the State treated?

Answer 7

If facts give rise to presumption (court may find that evidence precludes “basic facts” beyond a reasonable doubt - then not charge) the court must charge presumption
If State proves all “basic facts” beyond a reasonable doubt the jury MAY consider presumption
If State doesn’t prove ALL “basic facts” then jury cannot consider presumption for any reason

Question 8

How is a presumption in favor of D treated?

Answer 8

If facts give rise to presumption (court would have to find submit unless based on “evidence as a whole” clearly precludes a finding of the presumed fact beyond a reasonable doubt)
court must charge the presumption applies UNLESS State proves beyond reasonable doubt that facts giving rise to presumption do not exist
If the jury has a reasonable doubt as to whether presumed facts exist they MUST apply the presumption
But see Guzamn - all presumptions must be permissive or they’re unconstitutional

Question 9

Where is the burden for defenses located?

Answer 9

Chapter 2 Penal Code