Monday, February 11, 2013

Exonerated, unhappy, rich and suffering!


Timothy Cole
The Austin American Statesman published on Sunday a very interesting aspect of the Judicial/Penal system in Texas. Texas is notorious for Capital Punishment and the "Ultimate Justice" was boastfully adorned my Gov. Perry during the Presidential elections (when people are most mindful of American Politics). In this Sunday article, however, Mike Ward indicates the State's generosity in compensating its exonerees with the same passion it punishes criminals. With the advancement of DNA testing, groups like IPOT are ramping up their efforts for inmates with credible claim of innocence. The stark example is the rise in the amount of compensation the State doles out every year. It has increased over 750 fold since 1992, averaging in excess of $65.9 million to date. Part of the increase took place following the Tim Cole Act of 2009. This was in honor of Timothy Cole, who died in prison fighting his innocence to a wrongful rape conviction. The other determining factor is the fact that former inmates, including those exonerated find it incredibly challenging to integrate to society. Legislators will be discussing bills that would require additional measures to curb wrongful convictions. These include video recording interrogations, implementing laws barring prosecutors from withholding any evidence that may prove them wrong and ensure those that claim their innocence while incarcerated have the scientific testing available to prove it. Although the state of Texas pays one of the highest compensations to exonerees, some of the bills that will be introduced do not suggest a measure that would eventually cut down on the exuberant spending we have seen thus far. A bill filled by Rep. Anchia, D-Dallas is one example. Rep Anchia introduced a bill that extends "health insurance benefits to the exonerees' families,” arguing that families suffer as much when a loved one is wrongfully convicted.  

Indeed touching, especially if one takes a moment to imagine such a circumstance in themselves. However, it begs the question of reality. By dolling out more in caring for the affected, are we truly to achieve what seems to be a growing problem of spending on what could have been prevented in the first place? I think not. Advances in science and technology have given us the opportunities needed to prevent, at the very inception, such a sad story from occurring. Laws that prevent a short-lived glory of prosecutors as well as law enforcement, at the expense of the suffering of many and the loss of taxpayer cash must be what the State should aim its attention. 



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