(More on the many layers of voter suppression & the war on democracy. - promoted by Paul Rosenberg)
Expanding ballot access to all voting-age citizens, particularly the millions who are living and working in our communities with past felony convictions, has been the foundation of many advocates' pleas to make American life equitable. Whether wrapped in an argument to fend against racism, classism, or even "overcriminalization," felon advocates' main issue boils down to preserving the civil rights of every citizen who participates in society, no matter their personal history.
Congress has been paying attention to the federal government's apparent tendency toward "overcriminalization" or "penchant for writing new laws to criminalize conduct that could be addressed with fines or other remedies," that ultimately overfill prisons and unfairly restrict otherwise productive citizens of important rights, such as voting, according to a McClatchy Newspapers report earlier this month.
For example, Abner Schoenwetter, a seafood importer, spent six years in prison for agreeing to purchase lobster tails that violated harvest regulations in Honduras. Now, the 64-year-old Florida man "is a convicted felon with an ailing wife, no job or right to vote and three years of supervised release ahead of him."
"We're talking about people's freedom and the way it affects people's faith in their government or lack thereof. We've got to get this cleaned up," said Rep. Louie Gohmert (R-Texas) at a hearing in the House Judiciary subcommittee hearing recently.
"Overcriminalization" particularly hurts citizens in states with more restrictive rules on felon disenfranchisement. All but two states restrict convicted felons from voting rights at some point in their sentences, leaving four million citizens voiceless, but "free" in our communities, a disproportionate number belonging African-American or low-income neighborhoods. Earlier this year, Congress attempted to address this issue by setting a federal standard for disenfranchisement rules with the introduction of the Democracy Restoration Act. But, the bill hasn't progressed since March.
Overcriminalization and the lack of a federal standard for disenfranchisement rules exacerbates the criminal justice system's inherent racial and economic biases that affect the quality of life of both the released convicted felons as well as the communities to which they return.
On April 5th Ohio Governor Ted Strickland signed a reform bill that will help reduce wrongful convictions and improve the fairness and accuracy of our criminal justice system. Among the measures included are safeguards to improve the eyewitness identification process by requiring police to use a more accurate protocol for administering live and photo lineups. The new protocol reflects the growing awareness that eyewitness evidence is fragile, and much like trace physical evidence must be collected very carefully, or it may become tainted.
Texas has had more than its share of tragic wrongful convictions. Of the more than 40 people exonerated by DNA in Texas, one of the most heartbreaking cases is that of Timothy Cole. Cole was wrongly convicted in 1986 for a Lubbock rape. DNA testing conclusively exonerated him last year and identified the true perpetrator. But the exoneration came too late. In 1999, Cole died in prison of a severe asthma attack, an innocent man.
So far, Texas has been slow to respond to the long list of mistakes that exist in each of these wrongful convictions. These mistakes have forced innocent people to spend over 500 years in prison for crimes they did not commit. But that may be about to change. Last May, the Texas Legislature approved a bill creating the Timothy Cole Advisory Panel on Wrongful Convictions, and directing the Texas Task Force on Indigent Defense to work with the panel on a report on needed reforms to prevent wrongful convictions. The Cole Panel's inaugural meeting is slated for today.
George Rodriguez is seeking justice. In 2004, DNA testing exonerated Rodriguez for the 1987 abduction and sexual assault he had been convicted of seventeen years earlier. During his trial, a Houston Police forensic analyst testified that biological evidence pointed to Rodriguez's guilt; it was later discovered that the analyst lied. Rodriguez is one of forty individuals exonerated by DNA in Texas, and one of six exonerated in Harris County. Read more about DNA exonerations in Texas.
A trial is now underway in Rodriguez's civil lawsuit against the City of Houston, and the city is claiming that there was nothing it could have done to prevent the misconduct of their lab analyst, whose lie led to Rodriguez's wrongful conviction. Houston city attorney Arturo Michel stated:
"I think what you have here is a person who was simply not honest and it doesn't matter how many funds you put into something, how good a program you have, that cannot guard against a person's dishonesty."
Last week a news story in the Cleveland Plain Dealer reveals that resistance to the American Bar Association's recommended open-file discovery laws are still strong in some jurisdictions. Open-file discovery - or the process in which the prosecution discloses to the defense all relevant information that is known concerning a criminal proceeding, including police reports, witness names, and witness statements - is now being demanded by judges in Cuyohoga County. Ohio does not have an open-file discovery statute.
(Increasing awareness of the rampant wrongful convictions of the innocent is an important step in the battle to roll back the Prison Industrial complex and rebut "tough on crime" conservative catchphrases. - promoted by Daniel De Groot)
Here are the top stories in criminal justice reform, taken from the Justice Newsladder.
Here are the top stories in criminal justice reform, taken from the Justice Newsladder.
Nine DNA exonerees told their stories at the Texas state Capitol last week, underscoring the state's need for an innocence commission; Texas has had 33 DNA exonerations, more than any other state, and yet Dallas County is the only one of Texas's 254 counties that stores biological evidence in all criminal cases. (dallasnews.com)
Here are the top stories in criminal justice reform, taken from the Justice Newsladder.
Dallas prosecutor Mike Ware is backing the shift to mandatory double-blind photo lineups. Dallas County has overturned more wrongful convictions based on DNA evidence than any other county in America. (gritsforbreakfast.blogspot.com)
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