Point taken Jane.

Alex,

Why not make it simple? I used to lay it out without compounding it.

*go over elements and defnition of intoxication*
(I like charts)

Now, assume you've heard all the evidence in the case and its time to make a decision. Assume that the evidence you've heard convinces you beyond a reasonable doubt that *point to every element on your elements chart besides intoxication*

So you believe all of those things beyond a reasonable doubt. *Pull out chart with definition of intoxication* From that same evidence you also belive beyond a reasonable doubt that the defendant had lost the normal use of his mental faculties. That same evidence didn't show any physical impairment and there was no evidence of a blood alcohol level, so all you have is the mental part of this definition.

*Make sure they're all with you*

If you hear evidence that proves all that beyond a reasonable doubt, and nothing else, all your other questions, everything else you want to know is not answered, can you find the defendant guilty? Who here can't find him guilty in that situation?

If you avoid compound questions and make a clear record like that you should be fine on Standefer grounds, can challenge anyone who admits they can't convict for cause, and you get a jury willing to consider your arguments and that you can guilt into follow the law with their promise to do so.

That seems right to me. Or at least, so far as I know, no one appealed me when I did it that way.

Alex, the issue is that you can ask specific facts all you want as long as they're the specific facts that are laid out in the law. After all, "can you give probation when the victim is under 14?" is specific, but it's fine if you're in an aggravated sexual assault of a child. By law, the victim will be under 14 and the defendant is eligible for probation. It's only when you start adding in facts that aren't part of the statute -- "can you give probation if the victim is under 5?" -- that you have an improper question. The law doesn't say you have to be able to give probation when the victim's under 5; it does say you have to be able to if the victim's under 14.

Thanks y'all I think I've got it through my thick skulll now.