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My AccountChapter 3
- 3.1 Jury Submission of Issues Relating to Out-of-Court Statements
- 3.2 The Corpus Delicti Rule
- 3.3 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 6
- 3.4 Content of Instruction Regarding Voluntariness
- 3.5 Instruction—Texas Law Voluntariness
- 3.6 Instruction—Texas Law Voluntariness—Fruits of Contested Statement at Issue
- 3.7 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 7
- 3.8 Content of Instruction Regarding Warnings and Waivers
- 3.9 Instruction—Possible State Law Right to Counsel During Custodial Interrogation
- 3.10 When Submission of Written Statements Is Required
- 3.11 Warning by Magistrate
- 3.12 Instruction—Written Statement with Warning by Person to Whom Statement Was Made
- 3.13 Instruction—Written Statement with Warning by Magistrate
- 3.14 When Submission of Oral Statements Is Required
- 3.15 Content of Instruction Regarding Oral Recorded Statements
- 3.16 Instruction—Warnings and Waiver Required for Recorded Oral Statement
- 3.17 When Submission of a Claim of Federal Due-Process Involuntariness Is Required
- 3.18 Contents of Instruction Regarding Federal Due-Process Voluntariness
- 3.19 Instruction—Normal Due-Process Voluntariness
- 3.20 Claims of Due-Process Voluntariness Addressing Overbearing of the Will
- 3.21 Instruction—Due-Process Overbearing of the Will Voluntariness
Comment
Despite the numerous statutory requirements applicable to evidence that an accused made an oral self-incriminating statement during custodial interrogation, relatively few of these requirements can generate issues for the jury.
Submission is required, as discussed at CPJC 3.10, only if the evidence establishes a factual dispute.