Is anyone aware of software in Texas for doing the jury charge? I'm not talking about cut and paste, but a program that would allow you to type in the offense and other circumstances and then let the software draft a charge. If it does not already exist, it seems like it would be worth developing.

Many a person has thought so. None have made it through that river of terror.

In an ideal world this would seem to be a perfect opportunity for TDCAA and ProDoc to merge the Charging Manual with ProDooc's prosecution assembly software.

ProDoc is an excellent product in almost every area of the law that they cover. But their prosecution package is extremely weak when it comes to indictments and charges. Likewise, the Charging Manual is well researched, timely updated and the most comprehensive tool of its kind, but sorely lacking in automation.

Who knows, but maybe we have identified a opportunity for a better mouse trap.

Personally, I'm not a fan of automated jury charges. Many a jury charge done with cut and paste has had some pretty bad stuff in it. It really isn't all that hard to draft a jury charge.

I have found that preparing the jury charge is very useful in trial prep. It helps me identify potential issues, organize my proof of the elements, and formulate arguments for what should or should not be in the charge.

I agree. Our office policy is to have the prosecutor prepare a draft of the jury charge on guilt/innocence by the Friday before trial. That gives the appellate lawyer time to review it and forces the trial prosecutors to think in more detail about potential legal issues. And, it is a good preparation for voir dire.

Naturally, it also makes the judge happy when we have a jury charge ready immediately upon closing the evidence.