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by RPB
Fri Jul 27, 2012 3:49 pm
Forum: Instructors' Corner
Topic: Defense to prosecution
Replies: 16
Views: 4911

Re: Defense to prosecution

jgalvan wrote:Oh how I hate the laws can you explain that to me in English lol.
sorry.
:smilelol5: "rlol" "rlol" :evil2:
I know what you mean ...
But

My legalese to English Translator machine is in the shop, but perhaps Steve or Charles or one of the others who had more caffeine and more recent exposure to such than I will be along shortly.

Last criminal procedure/criminal law course I had was early 1980, I worked at a personal Injury firm till 2007, and I forget enough that I don't want to explain wrong or be accused of Unauthorized Practice of Law ...so ....

I'm not a lawyer person
by RPB
Fri Jul 27, 2012 3:10 pm
Forum: Instructors' Corner
Topic: Defense to prosecution
Replies: 16
Views: 4911

Re: Defense to prosecution

http://www.statutes.legis.state.tx.us/d ... m/PE.2.htm" onclick="window.open(this.href);return false;
PENAL CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 2. BURDEN OF PROOF
Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."

(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
Other definitions are below that on the link above
:tiphat:

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