Criminal Justice

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Texas lawmakers say criminals are leaving more than fingerprints behind at crime scenes.

Today, representatives discussed a bill that would allow police across the state to take swabs of DNA from arrestees accused of a Class B misdemeanor or above. That genetic information would then be archived in a database and the swab would be destroyed.

courtesy Chris Goldberg at flickr.com/chrisgold/

The nonpartisan Texas Criminal Justice Coalition says the state should stop locking up so many drug offenders and invest more in substance abuse treatment.

A report the advocacy group released today says arrests for drug possession have skyrocketed and far outnumber arrests for drug delivery or distribution.

Executive Director Ana Yanez-Correa says the root of the problem is addiction, and she says addiction isn’t taken care of behind bars.

American Judicature Society

The Austin Police Department has announced some changes to its suspect lineup procedures.

APD investigators must now present photographs and live lineups sequentially to all adult victims and witnesses. This means investigators are now required to present each photograph or individual one at a time to a witness during a lineup – not all at once.

“We are not interested in wrongfully accusing or convicting somebody that is innocent,” Chief Art Acevedo said today at a press conference announcing the change. “It is not the fabric of this department. We’d rather go with zero arrests than arrest the wrong person.”

Nick Cowie for Texas Tribune

A new report argues that state jails aren't meeting their goal of helping to reduce crime by intensively treating short-term, nonviolent inmates, and it recommends that judges no longer be able to sentence felons to state jails without a rehabilitation plan.

The report, published Monday by the Texas Public Policy Foundation, a conservative think tank, says that those convicted of nonviolent felonies and normally sentenced to months in a state-operated jail should instead be released with community supervision. That can include treatment programs, community service, strictly enforced probation conditions and the threat of incarceration if certain conditions are violated. The report's suggestions were based on recent data concerning the number of felons who commit crimes after being released from state jails.

Update at 9 a.m. ET, Nov. 14: "It's A Learning Lesson ... I'll Move Forward."

Shena Hardin, the Cleveland woman ordered to stand on a street corner with a sign saying she was in idiot for driving on a sidewalk to get past a stopped school bus, finished that two-day punishment this morning and issued a statement saying she's learned a lesson.

As Cleveland's 19ActionNews reports, Hardin:

Texas Department of Criminal Justice

The State of Texas executed Cleve Foster last night. He was put to death for the sexual assault and shooting death of Nyaneur Pal (“Pah”) in Fort Worth in 2002.

His attorneys say he was innocent and didn’t have proper legal defense early on. Foster’s co-defendant, Shelton Ward, died of cancer on death row in 2010.

The Austin Chronicle writes Foster was charged under Texas’ “law of parties,” which stipulates those involved in the commission of a murder can be charged with the crime, even if they didn’t directly participate in the act of murder. Foster claimed he was incapacitated at the time of Pal’s death:

In several statements Ward repeatedly claimed that he alone murdered Pal, but prosecutors have said Ward's statements are inconsistent with the evidence. DNA evidence showed both men had sex with her before her death, but Foster insists he was passed out from sleeping pills and wasn't involved in Pal's killing.

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Fewer Texas ex-convicts are returning to prison, according to a report released today by the National Reentry Resource Center.

The report tracked individuals released from prison between 2005 and 2007 until 2010, to see whether they returned to prison. It found that the three-year recidivism rate went down 11 percent in Texas.

Other states with significant drops in their recidivism rates were Ohio, Kansas and Michigan.

The report credits the lowered recidivism rates in many states to increased funding for programs that ease the transition from prison to society, including the 2008 Second Chance Act. The act provides federal grants to state and local governments and community organizations to provide services that ease the transition from prison to society. Funds can be used to provide employment services, substance abuse treatment, housing assistance and mentoring to prisoners and ex-cons.

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