Criminal Justice Issues In the 83rd Legislature

7/29/2019 Criminal Justice Issues In the 83rd Legislature

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CRIMINAL JUSTICE ISSUES

2013 LEGISLATURE

Keith S. Hampton

Texas Interfaith Center

for Public PolicyJanuary 29, 2013


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CRIMINAL JUSTICE PHILOSOPHY

1980 - 1995* Largest Prison Construction in History

* Enhanced Penalties, Longer Sentences

* Easier Prosecutions

* No Public Defender Systems

* Busiest Death Row in America


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CRIMINAL JUSTICE DEVELOPMENTS

1995-2005* Costs of prisons mount

* DNA expose flaws in system

* Federal Courts and the Texas Death Penalty (Burdine, Salazar,

Fiero, Penry)

* Innocent People Executed: Willingham, Cantu and DeLuna


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LEGISLATIVE RESPONSE

* Creation of State Jails

* Creation of the Indigent Defense Commission

* Creation of Forensic Science Commission

* DNA statute

* Creation of Innocence Clinics


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Foreseeable Future

* Emphasis on Treatment and Prevention

* Focus on Special PopulationsMentally Ill, Vets, Drug

Addiction

* Eventual Innocence Commission

* Child Abuse ConvictionsNew Frontier in Innocence

* Brain Science will impact criminal cases


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DISCOVERY ISSUES

No General Right to Discovery in

Criminal Cases

Brady v. Maryland

The Morton Case


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INTERROGATIONS

Recording Interrogations Involuntary Confessions

Science of False Confessions


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Efforts to Improve Reliability

Forensic Science Commission

Innocence Clinics DNA statutes


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Death Penalty

Parties legislation

Mental Retardation


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MARIJUANA

Class C

Other States Federal - State Relations


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FIREARMS

HB 553 (Otto): Makes it a crime for any public servant, includingpolice, to enforce or attempt to enforce any acts, laws, executive

orders, agency orders, rules or regulations of any kind whatsoever of

the United States government relating to confiscating any firearm,banning any firearm, limiting the size of a magazine for any firearm,

imposing any limit on the ammunition that may be purchased for any

firearm, taxing any firearm or ammunition therefore, or requiring the

registration of any firearm or ammunition therefore.


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MORE FIREARMS

SB 182 (Birdwell) Permits concealed weapons atuniversities

HB 507 (Guillen) Makes it a crime for hunters or

recreational shooters to discharge a firearm and its

projectile crosses across the property line of a school

HB 508 (Guillen) Makes it a crime to wrongfully

exclude a concealed weapon license holder from

premises HB 223 (Huberty) Creates a defense to unlawful

carrying of a weapon to a school board meeting if the

person has a license to carry a concealed weapon


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2ND AMENDMENT

A well regulated Militia, being necessary to

the security of a free State, the right of the

people to keep and bear Arms, shall notbe infringed.


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ARTICLE I SECTION 23

OF THE TEXAS CONSTITUTION

Every citizen shall have the right to keep and bear

arms in the lawful defense of himself or the State; butthe Legislature shall have power, by law, to regulate

the wearing of arms, with a view to prevent crime.


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LANDMARK GUN CASES

District of Columbia v. Heller, 554 U.S. 507 (2008)

McDonald v. City of Chicago, 130 S.Ct. 2030 (2010)


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HellerMajority Opinion

[W]e hold that the Districts ban on handgun possession

in the home violates the Second Amendment, as does its

prohibition against rendering any lawful firearm in the home

operable for the purpose of immediate self-defense.

Assuming that Heller is not disqualified from the exercise of

Second Amendment rights, the District must permit him to

register his handgun and must issue him a license to carry

it in the home.

Handguns at Home


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HellerMajority Opinion

[N]othing in our opinion should be taken to cast doubt

on longstanding prohibitions on the possession of

firearms by felons and the mentally ill, or laws forbiddingthe carrying of firearms in sensitive places such as

schools and government buildings, or laws imposing

conditions and qualifications on the commercial sale of

arms.


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HellerDissenting Opinions

The Second Amendmentwas adopted to protect the right ofthe people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during

the ratification of the Constitution that the power of Congressto disarm the state militias and create a national standing armyposed an intolerable threat to the sovereignty of the severalStates. Neither the text of the Amendment nor the argumentsadvanced by its proponents evidenced the slightest interest in

limiting any legislatures authority to regulate private civilianuses of firearms. Specifically, there is no indication that theFramers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.


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UNLAWFUL CARRYING OF A WEAPON

A person commits an offense if the personintentionally, knowingly, or

recklessly carries on or about his or her person a handgun, illegal knife,

or club if the person is not on the persons own premises or premises

under the persons control, or inside of or directly en route to a motorvehicle or watercraft that is owned by the person or under the persons

control.

Crime to have a handgun in plain view in the car or boat or engaged incriminal activity.


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Exceptions

Not a crime if the person is traveling or hunting, fishing,

or other sporting activity on the immediate premises

where the activity is conducted, or is en route betweenthe premises and the actors residence, motor vehicle, or

watercraft, if the weapon is a type commonly used in the

activity or has a concealed handgun permit (chapter 411,

Govt Code)


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PLACES WEAPONS PROHIBITED

A school or educational institution or school activity

Polling place on election day Court or offices utilized by the court

Racetrack

Airport

Prison

Concealed weapon permit no defense

Crime if person possesses or goes with a firearm, illegalknife, club, or prohibited weapon to:


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PROHIBITED WEAPONS

Crime to possess: (1) an explosive weapon; (2) a

machine gun; (3) a short-barrel firearm; (4) a firearm

silencer; (5) a switchblade knife; (6) knuckles; (7)

armor-piercing ammunition; (8) a chemical dispensingdevice; (9) a zip gun; or (10) a tire deflation device.


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SELF-DEFENSE AND DEADLY FORCE

A person can use deadly force when and to the degree the actor

reasonably believes the deadly force is immediately necessary to

protect himself against deadly force or prevent violent felonies.

A persons belief in the necessity of deadly force is presumptive

reasonable if he believed the person was forcibly entering his

habitation, vehicle or place of business or employment.


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Texas Castle Doctrine

A person who has a right to be present at the location

where the deadly force is used, who has not provoked the

person against whom the deadly force is used, and who is

not engaged in criminal activity at the time the deadly force

is used is not required to retreat before using deadly force

[.]

habitation, vehicle or place of employment or business

Beyond the Castle


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Self-DefenseActors belief that force was immediately necessary ispresumed reasonable if knew/had reason to believe

the person forcibly entered his home, business orvehicle, didnt provoke it, and wasnt otherwise engagedin criminal activity.

JURY MAYNOTCONSIDER RETREAT


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Firearm Bills in Light ofHeller

States can, but dont have to, ban guns at universitiesor other sensitive areas.

Can Texas ban the possession of firearms by felons?

Can Texas deny the right to carry a concealed weaponto those behind on child support?

Do people under 21 years have the right to carry?

The List of Presumptively Lawful Regulatory Measures

Criminal Justice Issues In the 83rd Legislature

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