Legal reform—the process evaluating laws, changing current laws, and implementing changes within a legal system—is never an easy process. It is often fraught with complications because of policy debates and special interests. Especially where you have issue networks—interest groups and individuals who work together to address specific policy areas—it is difficult to reach consensus on what laws should be.
A recent study found that Texas ranked 3rd in the country for exonerations in cases ranging from murder to sexual assault and robbery. These exonerations (the overturning of criminal convictions) by courts tend to be because of coerced confessions, faulty evidence, or mistaken eyewitness identification among other reasons. Of concern has been informant information (testimony by accomplices or other persons who provide information important for convicting the defendant) because frequently informants are given lenient sentences or immunity (promises they will not be charged with crimes) in return for testifying the defendant told them incriminating information.
To remedy that, HB 189 has been proposed to prevent prosecutors in death penalty cases from using testimony from informants or accomplices where the person had received any special treatment or promises unless the conversations between the informant and the defendant is recorded. The concern is that these “jailhouse snitches” are falsifying testimony to seek leniency in some way. One study found that the use of such testimony is responsible for 45% of wrongful convictions in capital murder cases. Criminal rights advocates argue that such tattletales are only telling tales about what the defendant actually did.
And speaking of a different kind of tail, a 2011 Texas law that prohibits animal breeders from abusing animals is being challenged in court by breeders because it requires a license by the Texas Department of Licensing and Regulation. The law requires basic standards of humane treatment, along with a $300 application fee. Animal rights advocates argue that it is critical step in regulatory compliance—the process of ensuring rules and regulations are being followed—to stop inhumane treatment by puppy and kitty mills. Breeders argue it’s going to put them out of business because of increased paperwork and requiring that they maintain increased levels of veterinarian treatment. Only time will tell if it means more tongue wagging as the lawyers argue over whether it violates breeder rights or whether there will be more tail wagging because conditions improve for animals that are bought and sold.
Lone Star News Review 