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Junk Science: A Texas Injustice
The use of junk science in the courtroom is truly a Texas-sized injustice. With convictions resulting from the use of dog scent lineups, flawed arson science, and other forms of faulty scientific evidence, our organization has organized a campaign to exonerate those who have suffered wrongful convictions at the hands of these practices. Click here to learn more. |
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Timothy Cole
A recent opinion issued by the Attorney General cleared the way for Governor Perry to issue Texas's first posthumous pardon to Timothy Cole, who was exonerated by the Innocence Project of Texas in 2009. Click here to learn more about Tim's case and his pardon. |
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Statewide DNA Case Review
The State of Texas leads the nation with more than 40 DNA exonerations on record. Our organization is currently conducting a statewide review of cases where DNA evidence could prove a defendant's innocence. Click here to learn more about our work on DNA cases. |
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Critical Reforms
Although Texas has already enacted several laws to address the wrongful conviction problem, more can be done to reduce the number of wrongful convictions that occur in the future and to increase the remedies available to inmates in order to prove their innocence. The Innocence Project of Texas has identified some critical reforms that should be considered in future legislative sessions or voluntarily adopted by law enforcement agencies.
1. Eyewitness Identification Reform
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More than 80% of those wrongfully convicted in Texas and exonerated via the use of DNA testing suffered at the hands of an eyewitness misidentification. Although research indicates that simply by using eyewitness identification best practices the number of misidentifications can be greatly reduced, the state of Texas has yet to adopt an eyewitness identification reform law to minimize wrongful convictions.
Our recommendations:
- Adopt a law mandating that law enforcement utilize the double-blind method for photo and live lineups. This procedure guarantees that the officer administering the lineup does not know the identity of the suspect, thus reducing the likelihood that the officer will inadvertently or intentionally suggest to the witness who the suspect is.
- Carefully provide instructions to the eyewitness that state that the perpetrator / suspect may or may not be present in the lineup. This reduces the likelihood that the eyewitness will feel compelled to make a selection from the lineup participants even when the actual perpetrator may not be present in that lineup.
- Present the individuals in a lineup to the eyewitness in a sequential manner (one after another, instead of all at one time). Research shows that by conducting a lineup in this fashion, the likelihood of misidentification decreases significantly.
- Collect confidence statements from the eyewitness at the time of their identification. This will allow the witness to make known his or her level of confidence in the identification thus providing valuable information to investigators.
Are you a good eyewitness? Click on the link below to participate in “Eyewitness Test”, developed by Dr. Gary Wells, one of the leading experts in the field of eyewitness identification procedures and psychology.
The Eyewitness Test
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2. Mandatory Recording of Custodial Interrogations
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Approximately 1 in 4 wrongful convictions identified with DNA evidence in the United States involved some sort of false confession. Texas is not immune to this problem. During the investigation of Austin’s infamous “Yogurt Shop Murders” more than 50 people confessed to the crime that was likely committed by only a small handful of individuals. What can be done to minimize the likelihood that a false confession leads to the conviction of an innocent person?
Our recommendation:
- Record custodial interrogations from start to finish. Ideally this would be done with a video recording device, but even a simple audio recording could provide valuable information for jurors to analyze when determining if a confession was made voluntarily. In addition, this practice would minimize allegations made against law enforcement officers who conduct proper suspect interrogations.
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3. Open Access to Courts – Habeas Reform
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In Texas, there are a limited number of options available for those seeking to prove their innocence in a court of law post-conviction. One of those options is by filing a writ of habeas corpus. Unfortunately, the current state of habeas jurisprudence limits the number of writs an inmate can file. What can be done to provide inmates with access to the courts when their guilt is called into question by evidence indicating innocence?
Our recommendation:
- Expand post-conviction innocence writ access beyond DNA cases to cases where new scientific evidence unavailable at the time of trial is now available to prove innocence. This reform would be particularly helpful to those convicted on the basis of junk or outdated science disproven since the time of their trial.
Click on the link below to learn more about the Innocence Project of Texas’s current campaign against the use of junk science in Texas courtrooms.
Junk Science Campaign |
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