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Jury Instructions for Juvenile case

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/5253022042/m/7391089971

October 30, 2008, 07:45
Nan Udell
Jury Instructions for Juvenile case
Does a Jury Charge Bank exist for Juvenile cases? We rarely go to jury trial in our county on juvenile cases, but we have one coming up next month on a PC Sec. 22.011 charge where the juvenile is claiming a defense under FC Sec. 55.51.

I would appreciate some direction on where I should go to find the charges.

Thanks,
Nan
October 30, 2008, 08:48
Stacey L. Brownlee
No bank that I know of but you can always post here and someone will generally have what you are looking for.

If I recall either the state bar juvi section website or TJPC's site has a form bank and they might have some charges there, but I'm not sure who put them up and who makes sure they're current. I'd stay on the safe side and come here first Wink

I am a little confused by your post though, are you in need of competency paperwork for your Chapter 55 process or are you done with the 55 process and ready for a jury charge on your sex case ? Your 55 issues should be completed before moving on to a trial on your petition.
October 30, 2008, 09:18
A.Walker
Is this an unfitness to proceed case under Subchapter C or a juvenile is raising the juvenile version of the insanity defense under subchapter D? Has anyone filed a motion for unfitness to proceed under Subchapter C?

Isn't the juvenile version of the insanity defense the same as the adult version from before the Hinkley case? I would have a hard time finding a copy of that. I might go to a law library and look in old charging manuals.

This sounds like a strange case or one with a wacky defense attorney. I emailed you a couple of charges, without the 55.51 materials.

A juvenile charge bank (or charging manual) would be great.
October 30, 2008, 09:30
Nan Udell
Just to clarify the Sec. 55 issues:
Defense is going under Subchapter D, and we have had the evaluations, etc. But my understanding by the reading of this section is that this issue can be brought before a jury or the court. It is, as you stated Andrew, like the old insanity defense. They are saying that the juvenile was temporarily insane at the time he was having fun with his sister.

Thank you both for your direction. I really appreciate it.

Nan
October 30, 2008, 09:36
Stacey L. Brownlee
Sorry

I should have read your post closer !

I have a charge that asks that as a special issue question but looking at 55.51 and Dawson's, it may be something that needs to be put in the application paragraph as well.