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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorneys – Texas Code of Criminal Procedure Art. 1.08-1.10

Houston Criminal Defense Attorneys – Texas Code of Criminal Procedure Art. 1.08-1.10 – Brian Foley Board Certified in Criminal Law in Houston, Texas.


I’m pretty sure that article 1.08 was included in the Texas Code of Criminal Procedure because of Abraham Lincoln. Article 1.08 declares that the writ of habeas corpus is a writ of right and shall never be suspended. Habeas Corpus mean to produce the body of a person being held in jail or prison. It is the way many people who have been wrongfully convicted were released form prison. During the civil war Abraham Lincoln suspended the right to a writ of Habeas Corpus because the extreme volume of prisoners during the war would have made administration in the courts impossible. Texas believed that this was wrong and included the provision that the writ shall never be suspended in its criminal code.



Article 1.09 is a mirror of the United States Constitution’s 8th amendment and states that excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. In the 1970s the Supreme Court of the United States overturned the death penalty as a potential punishment option when certain continuing danger factors were not present. The court used the 8th amendment to justify its ruling that the practice was cruel and unusual punishment. Further jurisprudence has held that persons who are mentally retarded cannot be executed and that minors may not be executed for their crimes.


Article 1.10 is the double jeopardy provision. No you can’t take criminal law for $1000 here. Double jeopardy means being tried for the same criminal offense more than once. The article reads, “No person for the same offense shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.


These three foundational criminal law principles help ensure that our government if and when it becomes tyrannical, can be reigned in. Criminal Defense Attorneys are the last line of defense between citizens and the government. Here at Houston Criminal Defense Attorneys PLLC we are proud to be that wall.


Art. 1.08. HABEAS CORPUS. The writ of habeas corpus is a writ of right and shall never be suspended. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


Art. 1.09. CRUELTY FORBIDDEN. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


Art. 1.10. JEOPARDY. No person for the same offense shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

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