Texas Jury Instruction - Tampering With A Witness

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Section 36.05 - Tampering With Witness (a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding: (1) to testify ...

38.22. When statements may be used. (B) bears the mark of the accused, if the accused is unable to write and the mark is witnessed by a person other than a peace officer.

In short, the law says you are guilty of the crime of witness tampering if you:1. Kill or attempt to kill another person with the intent to prevent their testimony. 2. Use intimidation, threats, or corrupt persuasion, to hinder, delay, or prevent testimony.

Tampering With or Fabricating Physical Evidence. (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.

The state shall give the defendant notice of the state's intent to introduce in the case in chief evidence described by Section 1 or 2 not later than the 30th day before the date of the defendant's trial.

38.21. STATEMENT. A statement of an accused may be used in evidence against him if it appears that the same was freely and voluntarily made without compulsion or persuasion, under the rules hereafter prescribed.

Testimony of accomplice. A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; and the corroboration is not sufficient if it merely shows the commission of the offense.

Article 38.23 reads: (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.

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Texas Jury Instruction - Tampering With A Witness