Tag: Texas law
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Legal Argument: The Constitutionality and Legality of Restraint Chair Use in Texas Correctional Facilities
I. IssueWhether the use of a restraint chair on adult inmates in Texas jails and prisons, as authorized under 37 Tex. Admin. Code § 273.6, comports with constitutional protections against cruel and unusual punishment under the Eighth Amendment, and substantive due process under the Fourteenth Amendment—particularly in cases involving mentally ill or medically vulnerable detainees.…
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The Legal Voidance of Cash Bonds Upon Rearrest: A Texas and Federal Analysis
By LeRoy Nellis I. Introduction The institution of bail serves as one of the oldest mechanisms balancing the presumption of innocence with the state’s interest in ensuring a defendant’s appearance at trial. In Texas, as in most jurisdictions, the right to reasonable bail is constitutionally protected under Article I, Section 11 of the Texas Constitution,…
