I. Amend Texas’ post-conviction DNA statute to untie judges’ hands in granting DNA tests.
I. Amend Texas’ post-conviction DNA statute to untie judges’ hands in granting DNA tests.
In capital cases, forensic testing should be permitted where it has the scientific potential to produce new, non-cumulative evidence relevant to the defendant’s assertion of actual innocence, even if the results alone may not completely exonerate the defendant.
II. Texas’ post-conviction statute should remove any barrier to collecting compensation after exoneration.
In order to bring Texas into line with other states, Texas should remove the $500,000 cap for payments to the wrongfully convicted to aid them in restoring their lives (shelter, employment, medical care) post-exoneration. In addition, the law should clarify that in order to receive payment, a wrongfully convicted individual should not first be required to obtain a certification of actual innocence from the District Attorney in the county of conviction (usually, the prosecutor that convicted him or her).