Introduction:
Both the Texas Constitution and the United States Constitution ensure that an individual is entitled to legal representation regardless of whether he or she can afford it. Furthermore, any individual wrongfully convicted of a crime is entitled to the available tools to prove his or her innocence. However, there are many obstacles to truth and justice in Texas’ criminal justice system, especially for individuals with limited resources.
Texas must make improvements to the provision of indigent defense services. Policy-makers must ensure that every defendant’s waiver of the right to counsel is valid; continue to allocate funds for effective indigent defense delivery models; and give defendants more opportunities to contribute financially to their own defense.
Finally, in light of recent advances in DNA forensic technology, Texas should create an entity to identify and publicize the common causes of wrongful convictions. Policy-makers should also amend the post-conviction DNA statute to more easily allow judges to grant DNA tests to prove a defendant’s innocence and more easily allow defendants to collect compensation after exoneration.