Chapter 3
Evidentiary Instructions—Confessions
3.5 Instruction—Texas Law Voluntariness
[Insert instructions for underlying offense.]
Voluntariness of Statement
You have heard evidence that the defendant made a statement [describe statement, e.g., to Detective [name] on [date]]. If you find the defendant did make the statement, you may consider that statement against the defendant only if you resolve a preliminary question in favor of the state.
A statement of an accused may be considered against the accused only if the statement was freely and voluntarily made without compulsion or persuasion.
Therefore, you may consider any statement you believe the defendant made only if you all agree the state has proved, beyond a reasonable doubt, that the defendant made the statement freely and voluntarily without compulsion or persuasion.
Unless you find the state has proved, beyond a reasonable doubt, that the statement [describe statement, e.g., to Detective [name] on [date]] was in fact made and that it was made freely and voluntarily, you must not consider the statement for any purpose.
[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]
Comment
The general statutory requirement that a statement of an accused may be used in evidence against him only if freely and voluntarily made is set out in Tex. Code Crim. Proc. art. 38.21. The submission of jury instructions regarding the voluntariness of out-of-court statements generally is governed by Tex. Code Crim. Proc. art. 38.22, § 6.