Elimination of the Texas Cautionary Circumstantial Evidence Charge

Date

1984

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discusses the case of Hankins v. State where the Texas Criminal Appeals court upheld a conviction that was entirely bases on circumstantial evidence where the jury did not also hear a cautionary jury instruction. This ruling overturned a 127-year-old rule, which required a cautionary jury instruction when the evidence was wholly circumstantial. The article discusses the history of the cautionary jury instruction rule and discusses possible solutions and actions.

Description

Keywords

Cautionary circumstantial evidence charge, Circumstantial evidence, Jury charges, Reasonable doubt, Hankins v. State, Case note

Citation

15 Tex. Tech L. Rev. 459