Saturday, April 14, 2007

Justice Comes to Dallas, Maybe Next the U.S.

The city of Dallas has gained a truly diabolical distinction in having had to release from prison sentences 13 men convicted of crimes that they did not do. In these cases, DNA evidence was the proof of innocence. If the prisoners were living in a time before this, their convictions would have stood.

The 13 men who have been released have all had portions of their lives wasted by their wrongful conviction. They are a good example of a large hole in our system of justice. They also should cause serious review of the hazards of punishment by execution.

The latest, newly released, man will testify in Austin for legislation to reduce wrongful convictions that are being considered in the legislature. There have been 27 events of evidence exonerating convicted in Texas, 26 in Illinois. Project Innocence has been instrumental in freeing 198 convicted innocent people nationwide.

As a Hispanic/white female, I haven't ever feared being caught up in a wrongful charge against me. It has, however, been brought to my attention in voter registration drives that in the black communities I worked in, many of the men had been in prison and at the time I was registering voters, that prevented them from having the right to vote. I have been told that standing on the sidewalk can be reason enough to be swept up in a police action in neighborhoods where there is a crime problem. I have also been told that the police often feel pressured to make arrests in connection with any crime, and often arrest the first person even remotely connected to the crime. In the most recent incident in Dallas, the person arrested had the wrong name. He was nowhere near the crime committed, but had been in trouble so was at risk.

Most of us live relatively sheltered lives, don't get into trouble and don't know what we would do if we were wrongly accused. As a matter of fact, the two people I know who did have prison experience readily admitted they had committed the crimes they were emprisoned for.

The one time I was in prison, and found how unpleasant it smelled and how hopeless it felt, I went to notarize and witness some legal papers that a lawyer I worked with needed executed. Anyone else get the funny feeling there, on the use of the word 'executed' in connection with prison. The word connotes something that happens in Texas to a person convicted of 'heinous' crimes. That so many have been released because their convictions were proved to be erroneous should give you more than just a funny feeling. We are committing a murder if we as a society continue to execute those who are convicted in what is provably an imperfect, and sometimes completely erroneous, justice system.

The new, Democratic, Dallas District Attorney, Craig Watkins, is instituting measures to prevent wrongful convictions, and has put together a new procedure to use DNA to review all existing incarcerations for errors. If the November 7th election hadn't brought Democratic officeholders into power in all the judicial seats in Dallas, including the District Attorney's office, I don't think that steps like this would be happening even now.

The prospect for justice in Dallas has just improved exponentially. If this example can be a forecast for bettering the prospects of those involved in the justice system nationally, the next election may just be the opportunity for return to a rule of law for us all.

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