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New science, old convictions − Texas Senate Bill 344: identifying further necessary reform in forensic science
In June 2013, Texas Senate Bill 344 (SB 344) was signed into law after strong Innocence Project support. SB 344 has since transformed the Texan judicial landscape. Known as the ‘Junk Science Writ’, SB 344 enables the court to grant habeas corpus relief based on scientific evidence that ‘(1) was not...
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Formato: | Online Artículo Texto |
Lenguaje: | English |
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Oxford University Press
2015
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Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5033565/ https://www.ncbi.nlm.nih.gov/pubmed/27774192 http://dx.doi.org/10.1093/jlb/lsv004 |
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author | Soni, Naina |
author_facet | Soni, Naina |
author_sort | Soni, Naina |
collection | PubMed |
description | In June 2013, Texas Senate Bill 344 (SB 344) was signed into law after strong Innocence Project support. SB 344 has since transformed the Texan judicial landscape. Known as the ‘Junk Science Writ’, SB 344 enables the court to grant habeas corpus relief based on scientific evidence that ‘(1) was not available to be offered by a convicted person at the convicted person's trial; or (2) contradicts scientific evidence relied on by the state at trial’. Inmates, such as the ‘San Antonio Four’, whose convictions were based upon what is now considered ‘faulty’ medical and forensic testimony, have been released under SB 344. Yet, science, as a field dependent on innovation, is inherently prone to debunking the scientific and forensic methods the law has relied upon to convict individuals. This commentary identifies policy behind SB 344, how SB 344 may influence the perception of science in the courtroom, and how ‘junk science’ is defined and/or limited. Furthermore, this commentary concludes that to achieve justice in the legal system through habeas relief based on ‘junk science’, it is necessary to revitalize and standardize forensic science. |
format | Online Article Text |
id | pubmed-5033565 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2015 |
publisher | Oxford University Press |
record_format | MEDLINE/PubMed |
spelling | pubmed-50335652016-10-21 New science, old convictions − Texas Senate Bill 344: identifying further necessary reform in forensic science Soni, Naina J Law Biosci New Developments In June 2013, Texas Senate Bill 344 (SB 344) was signed into law after strong Innocence Project support. SB 344 has since transformed the Texan judicial landscape. Known as the ‘Junk Science Writ’, SB 344 enables the court to grant habeas corpus relief based on scientific evidence that ‘(1) was not available to be offered by a convicted person at the convicted person's trial; or (2) contradicts scientific evidence relied on by the state at trial’. Inmates, such as the ‘San Antonio Four’, whose convictions were based upon what is now considered ‘faulty’ medical and forensic testimony, have been released under SB 344. Yet, science, as a field dependent on innovation, is inherently prone to debunking the scientific and forensic methods the law has relied upon to convict individuals. This commentary identifies policy behind SB 344, how SB 344 may influence the perception of science in the courtroom, and how ‘junk science’ is defined and/or limited. Furthermore, this commentary concludes that to achieve justice in the legal system through habeas relief based on ‘junk science’, it is necessary to revitalize and standardize forensic science. Oxford University Press 2015-02-07 /pmc/articles/PMC5033565/ /pubmed/27774192 http://dx.doi.org/10.1093/jlb/lsv004 Text en © The Author 2015. Published by Duke University School of Law, Harvard Law School, Oxford University Press, and Stanford Law School. http://creativecommons.org/licenses/by-nc-nd/4.0/ This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs licence (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact journals.permissions@oup.com |
spellingShingle | New Developments Soni, Naina New science, old convictions − Texas Senate Bill 344: identifying further necessary reform in forensic science |
title | New science, old convictions − Texas Senate Bill 344: identifying further necessary reform in forensic science |
title_full | New science, old convictions − Texas Senate Bill 344: identifying further necessary reform in forensic science |
title_fullStr | New science, old convictions − Texas Senate Bill 344: identifying further necessary reform in forensic science |
title_full_unstemmed | New science, old convictions − Texas Senate Bill 344: identifying further necessary reform in forensic science |
title_short | New science, old convictions − Texas Senate Bill 344: identifying further necessary reform in forensic science |
title_sort | new science, old convictions − texas senate bill 344: identifying further necessary reform in forensic science |
topic | New Developments |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5033565/ https://www.ncbi.nlm.nih.gov/pubmed/27774192 http://dx.doi.org/10.1093/jlb/lsv004 |
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