DrunkWithImpotence: vpb: ZAZ: Texas also lets defendants argue to the jury that evidence was illegally obtained, unlike most or all other states, and its exclusionary rule is broader than the federal rule because it includes evidence obtained in violation of statute. (Code of Criminal Procedure article 38.23.)Generally illegally obtained evidence is not admissible in the first place. I can see a need for this in Texas though.Yes, but in most states the judge rules what is admissable, and you can't mention that there was an argument about that in front of the jury. The jury is supposed to treat the evidence before them as valid. It looks like this law would allow a defendant to argue that the evidence was obtained under dubious circumstances, and should never have been admitted. Thus giving the jury some leeway to treat it with skepticism or to ignore it all together,/I'm not a lawyer///Did play one of the jurors in a High School production of Twelve Angry Men once though
DogsInBathtub: This is stupid. Their opportunity to challenge the junk science was at their trial either on cross examination of the junk scientist or through use of another expert that is a real scientist.
dsmith42: Magorn: TX courts denied the "junk science" appeal and executed Willingham anyway, but even in TX that seemed a bit much for many people to stomach and Perry had to set up a blue-ribbon commission to look into (cover up wrongdoing) in the caseThe blue ribbon commission actually found that there was no basis for an arson conviction. But Perry fired the head and 2 other members of the commission right before the election, so the report was delayed until after the election. The commission was going to discuss the report on 10/2/2009. Perry fired those members 2 days before that date.
Galloping Galoshes: lemonysprite: Is it really that strange? Most people here are anxious to write off several branches of science as junk and replace it with creationism. Even a dumb Texan will accidentally say something smart once in a while.This has nothing to do with creationism. This has already been implemented at the Federal level.ShadowKamui: A lot of arson "science" that everyone swore by for years was actually complete garbage. The whole field was in on it, you couldn't find a real scientistThis is what it's aimed at. The FBI used to claim it could identify which batch of bullets a particular bullet came from based. Junk. In fact, a lot of forensic "science" is junk, in that it's never been independently verified. And that includes fingerprints. It turns out that fingerprint matching is more an art than science. Sorry to disappoint all you CSI junkies.
Peter von Nostrand: It's Texas. The idiots running this state consider anything not in the Bible to be junk science
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