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Category: Criminal Justice Reform | Sex Crimes Against Children
In the May 31, 2024 edition of The Wrongful Conviction Law Review (Vol. 5, No. 1), two distinguished experts in psychology, Matthew Barry Johnson and Janquel D. Acevedo, published an article titled, ‘Sex Assaults,’ False Guilty Pleas, Stranger Rape With…
Category: Sex Crimes | Sex Crimes Against Children
Enacted in 2007 as part of the Texas Legislature’s package of child sex offenses known as “Jessica’s Law” (mandatory minimum sentencing for certain child sex offenses, lifetime parole restrictions following offender release, lifetime sex offender registration, and restrictions about residency,…
Category: Crimes Against Children | Sex Crimes Against Children
Rule 403 of the Texas Rules of Evidence provides that a court may exclude evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury,…
Category: Crimes Against Children | Sex Crimes Against Children | Sexual Assault
Outcry testimony is frequently used in child sexual abuse cases in Texas. For years, the statutory procedural rules governing outcry testimony have worked like this: Tex. Code of Crim. Proc. art. 38.072(b) §2(a)(1), (2) carved out an exception to the…
More than four decades ago, the First District Court of Appeals, based in Houston, defined an extraneous offense as: “… any act or misconduct, whether resulting in prosecution or not, which is not shown in the charging instrument and which …
Category: Police Misconduct | Sex Crimes | Sex Crimes Against Children | Sexual Assault
Since 2016, the Houston Police Department (HPD) has received 2.8 million crime reports. During part of those eight years, HPD used a code called “Suspended – Lack of Personnel” to “suspend” investigations into as many as 264,000 crime reports.
While…
Category: Federal Sentencing | Illegal Pornography | Sex Crimes Against Children
Sentencing disparity is systemic in the American judicial system. There are three primary causes for this disparity: race, economic status, and judicial bias.
White judges generally impose harsher sentences on offenders of color; all judges are typically more lenient on…
Category: Child Abuse | Sex Crimes | Sex Crimes Against Children
Child sexual abuse cases inherently create bias in every prospective juror. Every person with an iota of compassion and morality has an innate drive to protect our children.
Anyone called to court as a potential juror in a child sexual…
Category: Sex Crimes | Sex Crimes Against Children
The distribution of obscene materials to minors is a serious crime punishable under federal law.
This type of behavior is illegal because the general public and legislators have deemed it
harmful to minors because they are not capable of…
Category: Sex Crimes Against Children | Sexual Abuse
Child sexual assault cases can pose the most significant difficulties for criminal defense attorneys, especially in politically conservative states whose legislatures have erected evidentiary and procedural roadblocks to an effective defense. And it is in these same states, such as…
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