A Review of the Jeopardy Defense in Texas

Date
1981
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract

Reviews how double jeopardy applies in Texas to “conduct committed during a single criminal episode.” The test in Texas is currently the carving doctrine, which states that the prosecutor is only allowed to “cut once,” but can carve out as large of an offense out of a single transaction as he can. The author believes this doctrine is arcane and over-used.

Description
Keywords
Carving doctrine, Double jeopardy, Criminal procedure, Compulsory joinder, Criminal objective test
Citation
12 Tex. Tech L. Rev. 393