Legal Commentary

Legislative Proposals Address Wrongful Convictions in TX

By TChris

A Texas politician finally had a good idea in the realm of criminal justice. Responding to more than fifty wrongful convictions around the state, State Sen. Royce West introduced a bill that would increase the penalty from a misdemeanor to a felony when a prosecutor withholds evidence that is favorable to a defendant. The bill also lifts the statute of limitations on "official oppression" cases.

Of course, even if the law is changed, the toothier law will be meaningless unless prosecutors are willing to charge other prosecutors who withhold evidence. How often do you expect to see those prosecutions?

To be fair, other politicians in Texas have had other good ideas that would help address the problem of wrongful convictions: [more ...]

SB 115 would establish an innocence commission.

SB 116 would require video recording of custodial interrogations.

SB 117 would increase the accuracy and reliability of eyewitness identification.

HB 3594 would ensure the preservation of biological evidence.

HB 1736 would increase the lump sum that exonerees could receive from the state to $80,000 for each year of imprisonment. Exonerees are now eligible for $50,000 per year.

Full post as published by TalkLeft on March 14, 2009 (boomark / email).