Texas Constitution:Article I, Section 11: Difference between revisions
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{{DISPLAYTITLE:Article I, Section 11 of the Texas Constitution (''<small>"Bail"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | {{DISPLAYTITLE:Article I, Section 11 of the Texas Constitution (''<small>"Right to Bail"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | ||
'''All prisoners shall be bailable by sufficient sureties, unless for capital offences [sic], when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.''' | '''All prisoners shall be bailable by sufficient sureties, unless for capital offences [sic], when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.''' | ||
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Sections [[Texas Constitution:Article I, Section | Sections [[Texas Constitution:Article I, Section 11-a|11-a]], [[Texas Constitution:Article I, Section 11-b|11-b]], [[Texas Constitution:Article I, Section 11-c|11-c]] and [[Texas Constitution:Article I, Section 13|13]] of Article I also directly address bail for those accused of criminal offenses. | ||
All five sections reflect the tension between | All five sections reflect the tension between the constitutional presumption of innocence and public safety. | ||
|recent= | |recent= | ||
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* ''Ex parte Ezell'', 40 Tex. 451, [https://texaslegalguide.com/images/040_Tex_451.pdf#page=9 459] (1874) ("In all of the first constitutions of the several American states many provisions for the protection of personal rights and liberties were inserted, most of which related to freedom from illegal restraint and the insurance of a speedy and impartial trial for alleged offenses. They were for the most part extracted from the . . . . If we look back through the long struggle against the tyranny and oppressions by which these great rights were secured, it will be found that the grievances complained of related to the treatment of prisoners before trial and conviction, and not after.") | * ''Ex parte Ezell'', 40 Tex. 451, [https://texaslegalguide.com/images/040_Tex_451.pdf#page=9 459] (1874) ("In all of the first constitutions of the several American states many provisions for the protection of personal rights and liberties were inserted, most of which related to freedom from illegal restraint and the insurance of a speedy and impartial trial for alleged offenses. They were for the most part extracted from the . . . . If we look back through the long struggle against the tyranny and oppressions by which these great rights were secured, it will be found that the grievances complained of related to the treatment of prisoners before trial and conviction, and not after.") | ||
|seo_title=Article I, Section 11 of the Texas Constitution ("Bail") | |seo_title=Article I, Section 11 of the Texas Constitution ("Right to Bail") | ||
|seo_keywords=Article 1 Section 11, Texas Bill of Rights, pretrial bail | |seo_keywords=Article 1 Section 11, Texas Bill of Rights, pretrial bail | ||
|seo_description=All prisoners shall be bailable by sufficient sureties except for capital offenses when the proof is evident. | |seo_description=All prisoners shall be bailable by sufficient sureties except for capital offenses when the proof is evident. | ||
Latest revision as of 14:36, May 25, 2024
Adopted February 15, 1876:
All prisoners shall be bailable by sufficient sureties, unless for capital offences [sic], when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.
Editor Comments
Sections 11-a, 11-b, 11-c and 13 of Article I also directly address bail for those accused of criminal offenses.
All five sections reflect the tension between the constitutional presumption of innocence and public safety.
Recent Decisions
None.
Historic Decisions
- Ex parte Varnado, 215 S.W.2d 165, 166 (Tex.Crim.App. 1948) ("[T]he omission of the words 'or the presumption great' materially changed the rights of a prisoner in the question of bail. . . . Since the opinion in Ex parte Smith, supra, the rule seems never to have been departed from, that if the evidence is clear and strong, leading a well-guarded and dispassionate judgment to the conclusion that the offense has been committed; that the accused is the guilty agent, and that he would probably be punished capitally if the law is properly administered, bail should be refused, otherwise bail should be granted.")
- Ex parte Ezell, 40 Tex. 451, 459 (1874) ("In all of the first constitutions of the several American states many provisions for the protection of personal rights and liberties were inserted, most of which related to freedom from illegal restraint and the insurance of a speedy and impartial trial for alleged offenses. They were for the most part extracted from the . . . . If we look back through the long struggle against the tyranny and oppressions by which these great rights were secured, it will be found that the grievances complained of related to the treatment of prisoners before trial and conviction, and not after.")
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)