TX to Address Problem of Wrongful Convictions

By TChris, Section Innocence Cases
Posted on Thu Jun 05, 2008 at 12:31:47 PM EST
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Are states finally starting to understand that our flawed criminal justice system makes it too easy to convict the innocent? This post yesterday noted the formation of a task force in New York to study the causes of wrongful convictions in that state. There's more good news today, this time from Texas:

In reaction to the growing number of exonerations across the state, the Texas Court of Criminal Appeals announced Wednesday that it is creating a Texas Criminal Justice Integrity Unit to investigate and address weaknesses in the criminal justice system.

Texas has a particularly bad history of convicting the innocent, as the court recognized:

Since 1994, 33 men have been exonerated in Texas -- 17 of them from Dallas County since 2001 -- after DNA testing. These wrongfully convicted inmates have collectively served 427 years in prison, according to a watchdog group.

These are the important issues that the Integrity Unit will address:

Quality of defense counsel for poor criminal defendants.
Ways to improve witness identification.

Overhauling the standards for collection, preservation and storage of evidence.

The group will also look into the cases of current inmates who may have been wrongfully convicted. Previously, plans for an innocence commission called for a review of exonerations.

Targeting police misconduct by, for instance, requiring that interrogations be recorded to avoid the fabrication of confessions, should also make the list.

The problem is not confined to Texas, of course. This post noted the recent exoneration of Dean Cage in Illinois. He became "the 29th person in Illinois to be exonerated through DNA testing." Every state has given into political pressure over the last 30 years to lock people up in response to the overblown perception that crime is out of control, often without sufficient concern for the possibility that those who are accused are actually innocent. Every state needs to pay greater attention to the urgent need for reforms that will minimize unjust convictions.

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TX to Address Problem of Wrongful Convictions | 8 comments (8 topical)

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Investigative & Prosecutorial Reform (5.00 / 2) (#4)
by Niffari on Thu Jun 05, 2008 at 01:31:17 PM EST

This, to me, is the crux of what is needed in order to drastically reduce wrongful convictions. There are startling instances of official wrongdoing in some of the most egregious cases in TX. Suspects bullied, told what to write. Prosecutors basically lying about the case to judges and juries. There needs to be a far greater standard of conduct for both police and prosecutors and harsh penalties need to be attached. Perhaps if police and prosecutors had a real fear of criminal prosecution, they would learn FAST how to avoid wrongdoing.

: Where is the oversight? (none / 0) (#9)
by SursumTX on Sat Sep 20, 2008 at 04:13:14 PM EST

At a time when so many bemoan the lack of oversight and regulation for financial institutions, it's worth pointing out that there is precious little oversight for criminal justice authorities.
Where do you turn when a prosecutor is way, way out of line? When a police investigator has conflicted interests and influences the medical examiner? When the single, admittedly over-worked medical examiner in a county makes a ruling on manner of death using insufficent evidence?
Craig Watkins is right -- there needs to be at least the real threat of criminal prosecution for authorities who abuse their power. And we need a climate that rewards justice, not simply convictions.

Has anybody read (none / 0) (#1)
by cmugirl on Thu Jun 05, 2008 at 12:40:52 PM EST

"An Innocent Man" by John Grisham? It's about Roy Williamson, who was wrongly convicted of murder in Oklahoma and spent 12 years (I think) on death row before he was freed, even though he was clearly mentally incompetent to stand trial (and, oh by the way, innocent). I just finished the book, and frankly, as someone who is a fence-sitter with regards to the death penalty, this book made the hair on the back of my neck stand on end. Yikes!

I hope this is true here in (none / 0) (#2)
by zfran on Thu Jun 05, 2008 at 12:51:49 PM EST

Texas. This is such a gung-ho death penalty, do or die state.

I don't know how it could be done, but (none / 0) (#3)
by Rhouse on Thu Jun 05, 2008 at 01:00:16 PM EST

if you could remove the "political" from prosecution it would probably go a long way to reducing the rate of innocent people in prison. That is - Convictions equal job approval equal re-election, sometimes powers the people trying to put people away.

: Federal oversight (none / 0) (#7)
by Rojas on Fri Jun 06, 2008 at 07:06:23 AM EST

When we put "100,000 cops on the street" we prolly should have thought about adding a few hundred or so lawyers to the civil rights division at DOJ.

That's good news! (none / 0) (#6)
by splashy on Thu Jun 05, 2008 at 09:43:12 PM EST

Hopefully they will follow through.

The death penalty and execution are so final. It seems to me that something else should be done, since so many mistakes are made.

Oh, if only it were so! (none / 0) (#8)
by SursumTX on Sat Sep 20, 2008 at 04:07:45 PM EST

Unforunately, this group seems to be essentially window-dressing in response to all the news about Texas' high wrongful conviction rate.

I have a niece who was wrongly convicted, so I read this news item when it first came out with great interest, especially the part about "The group will also look into the cases of current inmates who may have been wrongfully convicted. Previously, plans for an innocence commission called for a review of exonerations.

I called the TX Court of Appeals, asking how I could send info on my niece's case, and how to offer suggestions for changes in legislation and practices that could help minimize the incidence of wrongful convictions.

I was told that "it's really a think tank" that will make recommendations and there's no way to contact them.