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8 S. Tex. L.J. 16 (1965-1966)
The New Texas Code of Criminal Procedure

handle is hein.journals/stexlr8 and id is 32 raw text is: THE NEW TEXAS CODE OF CRIMINAL PROCEDURE LUTHER E. JONES, JR. AND WARREN BURNETT* I. INTRODUCTION The new Code of Criminal Procedure which takes effect January 1, 1966 makes significant changes in criminal procedure in State prosecutions in Texas. These changes are the product of skillful and sustained effort by many able lawyers, judges and legislators. It is fitting that we acknowledge the debt owed them for their contribution to the improvement of the adminstration of crim- inal justice. We shall discuss some of the more important of these changes. We shall do this in the light of recent applicable decisions of the United States Supreme Court. The views we advance are not intended to be definitive or complete. They are put forward very tentatively. They have been articulated in only a few weeks under enormous pressures of time and rival commitments. They are primarily directed toward the advocate for his use in the adversary system and should be evaluated in that light. II. CONFESSIONS A. Pre-indictment confessions made in custody (1) Written Confessions The usual pre-indictment confession is a written one obtained from defend- ant while in police custody. To make a confession of that kind admissible at least six requirements must be met. First, the confession must be voluntary.' Second, it must be signed by the defendant.2 Third, it must show that prior to his making it he was taken before and warned by a magistrate as to his right to assistance of counsel and as to his right to remain silent.8 *Luther E. Jones, Jr., Corpus Christi, Texas; LL.B., University of Texas. Warren Burnett, Odessa, Texas; LL.B., Baylor University. 1TEX. CODE. CRIM. PROC. art. 38.21 (1965) (The. confession of a defendant may be used in evidence against him if it appear that the same was freely made without compulsion or persuasion . . .) No confession will qualify as voluntary unless it satisfies Fourteenth Amendment due process require- ments. Wilson v. United States, 162 U.S. 613 (1896); Brain v. United States, 168 U.S. $32 (1897); Brown v. Mississippi, 297 U.S. 278 (1936); Ashcraft v. Tennessee, 327 U.S. 274 (1946); Haley v. Ohio, 332 U.S. 596 (1948); Watts v. Indiana, 338 U.S. 49 (1949); Leyra v. Denno, 347 U.S. 556 (1954); Fikes v. Alabama, 352 U.S. 191 (1957); Payne v. Arkansas. 356 U.S. 560 (1958); Spano v. New York, 360 U.S. 315 (1959); Columbe v. Connecticut, 367 U.S. 568 (1961); Rogers v. Rich- mond, 365 U.S. 545 (1961); Gallegos v. Colorado, 370 U.S. 49 (1962); Lynusom v. Illinois, 372 U.S. 528 (1963); Haynes v. Washington, 373 U.S. 503 (1963); Fahy v. Connecticut, 375 U.S. 85 (1963); Townsend v. Sain. 372 U.S. 273 (1963). 2This requirement is imposed by the new Code. TEX. CODE CRIM. PROC. art. 38.22, (1965). It was also imposed by the former practice. TEX. CODE CRIM. PROC. art. 727, (1925). 8 This requirement is imposed by the new Code. TEX. CODE CRIM. PROC. art. 38.22, (1965). It was not part of the former practice.

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