The Last Blog Entry: Fruit of the Poisonous Tree

With my last blog entry for this course I decided to critique a subject that would encompass the things I have learned while attending college.  I've done several posts on the education in Texas as well as topics ranging from Governor Rick Perry to the Texas budget and redistricting.  I wanted to critique a topic I haven't done before for this course so I decided to critique the blog of Think Texas.

On November 28, 2011, Think Texas commented on the editorial titled, It's hard not to have death penalty doubts, which can be found on the American Statesman. After reading her comments, I have to agree that due process in Texas must change.  It's sad to think that Governor Rick Perry doesn't lose any sleep when it comes to innocent people being convicted of a crime they didn't commit and as a result, are now facing the death penalty.  How can a human being with a beating heart and even an ounce of a soul not lose sleep over innocent people being killed for something they didn't do? Whenever I hear people serving time for 20 or so years and then are released based on DNA evidence that proves they weren't the one that committed the crime, it just breaks my heart. That person just lost a great deal of their life by serving time in prison. They missed out on everything-birthdays, graduations, holidays, etc.  It's not like Gov. Perry can give that precious time back to that person. Nothing can make that better.

Think Texas stated "Wrongful charges have implicated many suspects for crimes ranging from murder to arson on such grounds as mishandled DNA and misidentification." When I read this statement, it brought me back to the days when I was studying to get my BS in Criminal Justice.  There are many wrongful convictions throughout the nation that stem from unvalidated or improper forensic science  or even government misconduct which ultimately leads to illegal evidence obtained from the fruit of the poisonous tree.

Since Gov. Perry took office in Texas, there has been 234 executions of death row inmates, more than any governor in modern times. With that many executions the state of Texas has a responsibility to those who are facing the death penalty to handle their case in a lawful and just manner.  Although death penalty convictions in Texas results in an automatic direct appeal to the Texas Court of Criminal Appeals, which is the state's highest criminal tribunal that examines the record for any trial error, there has to be other measures put in place to review the validity and legality of evidence obtained during these types of cases.  I agree with Think Texas when she states "This is such a problem in the Texas Judicial system that led the Senate to pass legislation to approve easing restrictions on previously limited DNA regulations and formed a commission to investigate wrongful convictions." It certainly is a problem, a massive one considering that an individual's life is hanging in the balance.