Dallas Morning News editorial board member Rodger Jones had a conversation with the Mesquite Democrat, who chairs the Death Penalty Subcommittee of the House Criminal Jurisprudence Committee. LINK
What did you learn that surprised you about the way the death penalty is applied in Texas?
I am pretty familiar with how the death penalty is applied in Texas, both from a legal and practical standard, but what I was most surprised about was the previous lack of discussion on the subject by lawmakers. I support the use of the death penalty in Texas, but I believe with the recent exonerations in Dallas County, and across Texas, that we need to make sure of what we are doing. The process must be fair, and the accused must be represented by competent counsel. That's why I joint-authored HB 2058, which relates to the standards for attorneys representing indigent clients in capital cases.
And:
Did any witness impress you with particularly compelling or eye-opening testimony?
Yes. Several family members of murder victims impressed me with the level of grief, and forgiveness to the criminal, that they displayed. These are real families destroyed forever by terrible acts, and they all deserve thoughtful consideration of our criminal procedures, not bluster and bravado.
Most bills of any kind die in a session of the Legislature. Is there one you most regret didn't make it after coming out of Criminal Jurisprudence?
Yes. SB 117. This bill would have required police departments to adopt certain standard procedures regarding the identification of suspects in a criminal case. Unintentionally faulty identification of suspects by witnesses, understandably shaken by the recent impact of the crime, has been the basis for many of the false convictions in Texas. I think it would surprise many people how common-sense these measures would have been, how fair and flexible for police departments and what procedures they would have replaced.
More on Robert Miklos, a freshman legislator, is from the House of Representatives website. Miklos' comments about the need for eyewitness identification reform lead us to the next post and Rick Casey's latest column, focused on the posthumous exoneration of Tim Cole.
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