US Texas Constitution Rights and CJ System.

The outline organizes every right under its US Constitution heading and then lists the Texas provisions that match. Start before the amendments, with habeas corpus in Article 1, Section 9, Clause 2 of the US Constitution. Texas repeats it twice in the same words: the writ of habeas corpus is a writ of right and shall never be suspended.

First through Fourth Amendments. The First covers freedom of religion, speech, press, assembly and petition. Texas matches it with no religious test for office, freedom of worship, liberty to speak, write or publish on any subject while remaining responsible for abuse of that privilege, and the right to assemble peaceably and petition for redress of grievances. CCP Art. 1.17 adds that no one is disqualified as a witness because of religious opinions or the lack of them. The Second is the right to bear arms. The Texas version gives every citizen the right to keep and bear arms in lawful defense of self or the State, and lets the Legislature regulate the wearing of arms with a view to prevent crime. The Third is quartering of soldiers. The Fourth is unreasonable searches and seizures. Texas Constitution Art. 1, Sec. 9 and CCP Art. 1.06 say the people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches, and that no warrant shall issue without describing the place, person or thing as near as may be, nor without probable cause supported by oath or affirmation.

Fifth and Sixth Amendments. The Fifth covers due process of law, indictment by grand jury, double jeopardy, self-incrimination, and property taken without just compensation. Texas calls due process “due course of law”: no citizen shall be deprived of life, liberty, property, privileges or immunities except by the due course of the law of the land. No person shall be twice put in jeopardy for the same offense, and an acquittal bars a second prosecution however irregular the proceedings, unless the acquitting court had no jurisdiction. The Sixth covers a speedy and public trial, an impartial jury, being informed of the nature and cause of the accusation, confrontation of witnesses, compulsory process for witnesses, and the assistance of counsel. Texas Constitution Art. 1, Sec. 10 and CCP Art. 1.05 state nearly all of these in one paragraph, along with the rule that the accused shall not be compelled to give evidence against himself and that no person shall be held to answer for a felony unless on indictment of a grand jury. CCP Art. 1.051 gives a defendant the right to counsel in an adversarial judicial proceeding and gives an indigent defendant appointed counsel in any proceeding that may result in confinement. The right of trial by jury “shall remain inviolate.”

Seventh through Fourteenth Amendments. The Seventh is the right to trial by jury in civil cases, and the outline lists no Texas match for it. The Eighth covers excessive bail and cruel and unusual punishment. In Texas, all prisoners are bailable by sufficient sureties unless for capital offenses when the proof is evident, and CCP Art. 1.07 now reads that any person is eligible for bail unless denial of bail is expressly permitted by the Texas Constitution or other law. Sections 11a, 11b and 11c of Article 1 allow bail to be denied after multiple felonies, for violating a condition of release, and for violating a family violence protective order. Excessive bail, excessive fines and cruel or unusual punishment are forbidden. No citizen shall be outlawed or transported out of the State for an offense committed in it, and no conviction works corruption of blood or forfeiture of estate. The Ninth says all rights not enumerated are retained by the people, matched by Texas Art. 1, Sec. 2, that all political power is inherent in the people. The Tenth says powers not delegated to the federal government are retained by the states, matched by Art. 1, Sec. 1, that Texas is a free and independent State subject only to the Constitution of the United States. The Fourteenth covers due process and equal protection, matched by Art. 1, Sec. 3 (equal rights) and Sec. 3a, under which equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin.

Miscellaneous rights. The outline places bills of attainder and ex post facto laws under Article 1, Section 9 of the US Constitution. Texas Art. 1, Sec. 16 forbids any bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts. Finally, rights can be waived. A defendant may waive any right secured by law. A jury waiver must be made in person, in writing, in open court, with the consent and approval of the court and of the attorney representing the State. A person represented by counsel may waive indictment for any offense other than a capital felony, and is then charged by information.

The criminal justice system has three components: law enforcement, the courts, and the correctional system. The outline asks you to know the function and role of each, level by level.

Law enforcement exists at four levels: city, county, state and federal. The courts are listed at four levels as well: municipal, county, state and federal. The correctional system is listed by what each level does to a convicted person: municipal fines, the county jail, state prison, probation and parole.

See your own place in it. A city officer who writes a citation feeds the municipal court, and the result is usually a fine. A county or city officer who files a felony feeds the district court, and the result may be county jail time, probation, state prison and later parole.