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Full-Text Articles in Law
Time Changes: Growing Complexity In Texas Sentencing Law, John M. Schmolesky
Time Changes: Growing Complexity In Texas Sentencing Law, John M. Schmolesky
Faculty Articles
The Seventieth Legislature made criminal sentencing guidelines more onerous, but a number of factors combined to undercut its impact. These changes made the relationships between the legislative, judicial, and administrative components of the criminal justice system become increasingly complex, often resulting in one agency undercutting the decisions of another. Because of the complex web of agencies that have a role in determining the disposition of a convicted defendant, changes in the rules of sentencing must be analyzed at several different levels to determine their true impact.
Despite the apparently more punitive thrust of the new legislation, no clear policy direction …
Trial And Appellate Criminal Procedure, John M. Schmolesky
Trial And Appellate Criminal Procedure, John M. Schmolesky
Faculty Articles
Recent state and federal decisions significantly influenced Texas criminal procedure at both the trial and appellate levels. These decisions generally affected three main areas of the punishment stage of Texas criminal trials. First, they defined the scope of evidence admissible at the punishment stage. Second, they addressed procedural and substantive questions concerning the special punishment issue of use or exhibition of a deadly weapon. Third, they raised substantial questions about the constitutionality of the death penalty as applied by Texas courts.
Texas courts also faced numerous challenges in the aftermath of several important state and federal constitutional decisions. These decisions …