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JURY INSTRUCTION - HELP !!! Login/Join 
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Question:
Has anybody every had a case where the defendant is charged with terroristic threat, but the defense attempts to assert a self-defense theory? If so, how did you handle the jury instruction? I guess I'm missing something as to me, terroristic threat and self-defense seem to raise a legal impossibility based on what constitutes a terroristic threat and that self-defense requires the use of force. Am I missing something?

Thanks, Alex from Jasper County DA's Office

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Posts: 2 | Location: Livingston, TX | Registered: May 14, 2005Reply With QuoteReport This Post
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Look at section 9.04 and see if that helps.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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9.04 .... What are the facts of your case?
 
Posts: 293 | Location: San Antonio | Registered: January 27, 2004Reply With QuoteReport This Post
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Never had that one, but there is a case in the TDCAA code book on page 22 in which self-defense was raised as a defense to criminal mischief, where the "criminal mischief" arose out of a use of force against another, so I think under the right facts it could apply to terroristic threat also - depends on what he's alleging the victim did first (e.g., V pulled his gun so D pulled his, then V called cops). Good luck!
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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Well, what it sounds like is they charged him for threatening to kill someone, and he is saying I threatened him in self defense. Section 9.04 deals with threats of force rather than use of force which is regular self defense.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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