The Intertwining of Administrative Actions and the Criminal Justice System

Date

2003

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Journal of Texas Administrative Law

Abstract

This comment addresses Texas courts’ handling of the increased civil sanctioning power of Texas administrative agencies. First it analyzes the process the courts use in classifying a sanction as either civil or criminal. Then, the limitations of imposing both civil and criminal sanctions on a single act and the discretion given to administrative agencies to pursue either civil or criminal sanctions are explored. Finally, it covers an administrative agency’s pursuit of civil sanctions, as it affects evidentiary matters during a subsequent criminal prosecution for the same conduct. In conclusion, it addresses the expunction differences with the administrative and criminal process, collateral estoppel when both proceedings are used, and broad implications of pursuing both types of sanctions.

Description

Keywords

Administrative law, Criminal justice, Texas Administrative Agencies, Criminal sanction, Civil sanction, Double jeopardy, Hudson v. United States, Glinski v. State

Citation

4 Tex. Tech J. Tex. Admin. L. 99