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Texas Constitution:Article I, Section 15 (view source)
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This section has been amended once. The 1935 amendment added a third sentence to the original text. | This section has been amended once. The 1935 amendment added a third sentence to the original text. | ||
That proviso was a response to the Texas Supreme Court's ''White v. White'' decision referenced below. | |||
Note that Article V, Section [[Texas Constitution:Article V, Section 10|10]] guarantees the "right of trial by jury" for "all causes in the District Courts." | Note that Article V, Section [[Texas Constitution:Article V, Section 10|10]] guarantees the "right of trial by jury" for "all causes in the District Courts." | ||
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* ''Ex parte Moser'', 602 S.W.2d 530, [https://scholar.google.com/scholar_case?case=17035913639337663507#p533 533] (Tex.Crim.App. 1980) (citations omitted) ("The first of these is that the procedure infringed on the right to trial by jury which is guarantied by Article I, Section 15, of the Texas Constitution. We have held frequently that that right does not include any right to have a jury assess punishment. There is even less merit in the applicant's claim that the procedure violates a statutory . . . . The Legislature having statutorily created assessment of punishment by the jury, the Legislature may alter or abolish that procedure (within the bounds of due process and other constitutional strictures).") | * ''Ex parte Moser'', 602 S.W.2d 530, [https://scholar.google.com/scholar_case?case=17035913639337663507#p533 533] (Tex.Crim.App. 1980) (citations omitted) ("The first of these is that the procedure infringed on the right to trial by jury which is guarantied by Article I, Section 15, of the Texas Constitution. We have held frequently that that right does not include any right to have a jury assess punishment. There is even less merit in the applicant's claim that the procedure violates a statutory . . . . The Legislature having statutorily created assessment of punishment by the jury, the Legislature may alter or abolish that procedure (within the bounds of due process and other constitutional strictures).") | ||
* ''White v. White'', 196 S.W. 508, [https://texaslegalguide.com/images/196_SW_508.pdf#page=5 512] (Tex. 1917) ("[ | * ''White v. White'', 196 S.W. 508, [https://texaslegalguide.com/images/196_SW_508.pdf#page=5 512] (Tex. 1917) ("[A]nd especially under the provision that 'the right of trial by jury shall remain inviolate,' which language has formed a part of every Constitution of this state and of the Constitution of the republic of Texas as well, and of many Constitutions of our sister states, with a well-established import and meaning, the defendant in error clearly was entitled to a trial by jury, in the full constitutional sense, if that practice prevailed in this state, according to then existing laws, at the time of the adoption of said provisions as portions of our present state Constitution of 1876.") | ||
* ''Cockrill v. Cox'', 65 Tex. 669, [https://texaslegalguide.com/images/065_Tex_669.pdf#page=4 672-73] (1886) ("All the constitutions of the Republic and State of Texas have preserved the right of trial by jury, in the same language. Const. of Republic, 9th clause of Declaration of Rights; Const. of 1845, sec. 12, art. 1; Const. of 1866, sec. 12, art. 1; Const. of 1869, sec. 12, art. 1; Const. of 1876, sec. 15, art. 1. . . . As far as the history of the practice is preserved in reported cases, the right of trial by jury, in such contests as this, has been recognized and exercised under all the constitutions and laws that, at different times, have prescribed the jurisdiction and regulated the procedure of our courts.") | * ''Cockrill v. Cox'', 65 Tex. 669, [https://texaslegalguide.com/images/065_Tex_669.pdf#page=4 672-73] (1886) ("All the constitutions of the Republic and State of Texas have preserved the right of trial by jury, in the same language. Const. of Republic, 9th clause of Declaration of Rights; Const. of 1845, sec. 12, art. 1; Const. of 1866, sec. 12, art. 1; Const. of 1869, sec. 12, art. 1; Const. of 1876, sec. 15, art. 1. . . . As far as the history of the practice is preserved in reported cases, the right of trial by jury, in such contests as this, has been recognized and exercised under all the constitutions and laws that, at different times, have prescribed the jurisdiction and regulated the procedure of our courts.") | ||
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|seo_title=Article I, Section 15 of the Texas Constitution ("Right of Trial by Jury") | |seo_title=Article I, Section 15 of the Texas Constitution ("Right of Trial by Jury") | ||
|seo_keywords=Article 1 Section 15, Texas Bill of Rights, right to jury trial | |seo_keywords=Article 1 Section 15, Texas Bill of Rights, right to jury trial | ||
|seo_description=The right of trial by jury shall remain inviolate. | |seo_description=This section declares: "The right of trial by jury shall remain inviolate." | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||