Tag Archives: John Whitmire

Texas grand jury system under review

The Texas criminal justice system has this strange idea about how to select trial juries and grand juries.

Grand jurors are chosen in most counties by jury commissioners, who are selected by a presiding judge; the commissioners then look for people they believe are “qualified” to serve on a panel that determines whether a criminal complaint should result in officials charges brought against someone. The issue is whether a grand juror can commit to meet over the course of several weeks to make these determinations.

Trial jurors are selected at random. District clerks go through voter registration rolls to find people whose names are put into a large pool of potential jurors. The only qualification is that they be residents of the county and be of sound mind, etc.

Here’s an interesting aspect of the selection processes. The state believes it is fine to select someone at random, and then ask that person to determine whether some lives or dies if that individual is convicted of a capital crime. But a grand jury requires more of a screening process to find individuals who can serve on that panel.

Texas legislators are considering a bill that would make the grand jury selection system look more like the trial jury selection method.

I say, “Go for it, lawmakers.”

Back in 1984, when I arrived in Texas, the newspaper where I worked at the time, the Beaumont Enterprise, was involved in an editorial campaign to change the grand jury selection system. There had been questions raised about whether a particular grand jury had been chosen because grand jurors had a particular bias. The paper raised all kinds of heck with the two judges in Jefferson County with criminal jurisdiction. We argued vehemently that the system needed to be changed. Over time, the judges heeded our calls and changed to a random selection method.

State Sen. John Whitmire, D-Houston, thinks the state should require a random method in all 254 Texas counties.

He says the system needs total confidence in all its working parts. As The Associated Press reported, the current system is ridiculed as a “pick a pal” system in which friends pick friends to serve on a grand jury.

Now, for the record, I once served on a grand jury in Randall County. I was asked by a friend, who was serving as a jury commissioner for the 181st District Court, presided over by Judge John Board.

I agreed. Board chose me along with several other people and we met regularly for three months. We confronted no controversy during our time and our service ended without a whimper of discontent.

That particular grand jury worked well. The threat, though, of dysfunction created by potential bias has created a need for the Texas Legislature to change the selection system.

If the random selection method is able to seat people who then can determine whether someone should die for committing a crime, then it will work to select people who can decide whether to charge someone with a crime.

 

Open-carry in Texas? Let's talk about this one

Gun-packing in Texas took another step toward something that makes me quite uncomfortable with passage by the state Senate of a bill allowing licensed concealed-carry permit holders to pack heat in the open.

Man, this one give me the heeby-jeebies.

http://www.texastribune.org/2015/03/16/texas-senate-considers-key-gun-bill/

Senate Bill 17 passed 20-11 in the Senate. Republicans supported it, Democrats opposed it.

It allows those who already have a concealed carry permit to strap a gun on their holster and display it in the open, kind of the way they did in the Old West days — which made the Old West a much safer place than it we have today, correct?

A four-hour debate ensued before the Senate voted for it. One of the more interesting comments came from the “dean” of the Senate, Democrat John Whitmire of Houston, who’s hardly a squishy liberal. He argued in vain for an amendment that would ban carrying openly in the State Capitol. Why? Well, he said the Criminal Justice Committee he chairs often gets unstable witnesses testifying before it and he fears someone might pull out a gun and start blazing away.

http://www.texasmonthly.com/burka-blog/senate-open-carry-debate-lacked-firepower

The Texas Tribune reported Whitmire’s comments this way: “Relating his experiences dealing with angry or mentally ill individuals before his committee, Whitmire said it would now be easy for such a person to grab handgun out of a holster to use it to attack bystanders.

“’It’s dead wrong … to say there’s not disturbed people in this building,’ said Whitmire, who chairs the Criminal Justice committee. ‘It’s not if it’s going to happen it’s when it’s going to happen, and you know it and I know it.’”

Sen. Craig Estes, R-Wichita Falls, called Whitmire’s scenario “far-fetched.”

Interesting. OK, assume it’s far-fetched. Does that somehow justify allowing just one individual to twist off in a rage that results in gunfire?

What am I missing here?

 

Texas exhibits a progressive streak

Texas has been singled out for something other than its loudmouth politicians, its barbecue and the tendency among some of us to brag with a just a bit too much gusto.

Seems that Texas is a leader in something quite unexpected: incarceration reform and the state’s crime rate.

http://www.washingtonpost.com/opinions/best-state-in-america-texas-where-both-crime-and-incarceration-rates-are-falling/2014/12/05/e0a0f4a8-7b07-11e4-84d4-7c896b90abdc_story.html

Incarceration rates are declining in Texas. The result has been — are you ready for this? — a reduction in crime, according to a Washington Post writer.

According to blogger Reid Wilson: “In the 1990s and 2000s, states pursued the expensive goal of being tough on crime. Now, with budgets strained near breaking points, those states are trying to cut costs by being smart on crime. Reducing crime rates, recidivism and prison populations isn’t just good for society, after all, it’s good for a state’s bottom line.

“And despite Texas’s reputation as the home of draconian crime policies, no other state has adopted more alternatives to traditional incarceration — or reduced by as many the number of prisoners it must pay to house.”

Indeed, the prison-building boom began during the administration of the late Gov. Ann Richards, thought by conservatives to be a squishy soft-on-crime liberal Democrat. Amarillo got two prison units out of it: a maximum-security lockup named after another former governor, William P. Clements, and a medium-security unit named after local educator Nathaniel Neal.

Two legislators, Democratic state Sen. John Whitmire and Republican state Rep. Jerry Madden, introduced a program that provided treatment for criminals rather than a prison bed.

The state’s prison population has decreased by about 5,000 individuals since 2010, according to Wilson’s piece. “The state still executes more people than any other — 10 so far this year — but crime rates have fallen markedly. Recidivism is down from 28 percent to 22.6 percent,” Wilson writes.

This is an interesting development for a state known as a kill ’em quickly kind of place.

I guess it goes to show that a little progressive thought can go a long way.