Solution:
Texas needs to create an Innocence Advisory Council that should, as a state entity, conduct investigations of all post-conviction exonerations in order to identify errors and defects in the criminal procedure used to prosecute the exonerated individuals’ cases. The Texas Innocence Advisory Council should then produce publicly-available annual reports – based on findings and other input provided by prosecutors, defense attorneys, judges, law enforcement personnel, legal scholars, legislative representatives, and victim advocates – that would identify errors and defects in Texas’ criminal justice process, as well as offer solutions and methods to correct the identified errors and defects while identifying procedures and programs to prevent future wrongful convictions. This annual report could also include any proposed legislation to implement procedures and programs to prevent future wrongful convictions or executions.
Through its work, the Council would raise awareness of the issues surrounding wrongful convictions, which would increase the conviction of the guilty, positively impact public trust and confidence in the State’s justice system, and decrease the overall cost of the prosecution, trial, and appeal processes.