Law and Order

Latest Columns

The suspect practice of civil asset forfeiture

Civil asset forfeiture is a tool of law enforcement whereby the suspected fruits of criminal activity can be seized and repurposed to combat future criminal activity. “Suspected” is a key term, as current Texas law doesn’t require government to prove in court that criminal activity actually took place — or even to arrest someone for such crimes.

Adult prisons are no place for youths

The consequences for criminal behavior by minors should not be delivered within the adult criminal justice system. Seventeen-year-olds are not adults. Their behavior should be handled in the juvenile justice system where their parents can be engaged in the process and where the approach is more rehabilitative than punitive.

Severe mental illness and the death penalty

Assessing capital punishment in these unique and infrequent cases disregards the growing scientific consensus that severe mental illness can significantly impair one’s ability to make rational decisions, understand the consequences of one’s actions and control one’s impulses. It sweeps aside our collective responsibility to provide adequate care options for persons with mental health disabilities.

A man named Luis Cantu and the argument for asset forfeiture

The current system of civil asset forfeiture in Texas is an effective and efficient tool for law enforcement and a benefit to the communities we serve. I encourage anyone curious about the state’s forfeiture laws to speak with their local law enforcement officers and prosecutors to find out for themselves how the process really works.

An Open Season on Judges

Judicial independence is not some quaint custom, like the wig of an English barrister. It’s foundational. From traffic disputes to the U.S. Supreme Court, our judicial system will not work unless parties trust the independent neutrality of judges to enforce the law and thus accept decisions without resorting to unrest or violence, even when they disagree with the result.

Distracted media missed the asset forfeiture issue

The primary impetus behind the use of asset forfeiture law is to cripple the capability of drug kingpins and criminal organizations — a very laudable objective. Yet because the state law is so broadly written, police and prosecutors have unfettered discretion in how the law is applied.

The real victims of the Senate's bathroom bill

It is transgender individuals who experience that anxiety upon entering public spaces designated for one sex or another, not cisgender women or students. The Texas Privacy Act will increase that fear and anxiety while costing the state billions of dollars and thousands of jobs.

The Texas death penalty is dying

Given the facts, it should not surprise anyone that Texans are losing faith in the death penalty. We like solutions that work. Capital punishment does not work, and that may be why Texas’ death penalty is in a steep decline.

Police use of force: don't force it

The Texas Tribune's "Unholstered" series is to be commended for contributing to a critical public discussion. However, reducing a police-involved shooting to only a statistic based on city, race, armed, or unarmed suspects or other factors inevitably leaves out too much relevant detail.

Texas, abortion and the power of the Supreme Court

Whole Woman's Health v Hellerstedt could pull the U.S. Supreme Court into a new, prolonged fight over the future of abortion politics, raise the stakes in filling Justice Antonin Scalia's seat and increase the political attention given to the Court — all outcomes that the institution has tried to avoid.

My journey with Bernie

I had heard and seen all of Bernie Tiede's testimony in the trial for his killing of Marjorie Nugent. I was looking closely for a steely killer hiding underneath the friendly veneer. It just wasn't there.

Ray Rice is the tip of the iceberg

Nearly 200,000 incidents of family violence were reported to Texas law enforcement officials in 2013, and more than 100 Texas women are killed by intimate partners every year. Many of these women can't get the help — or shelter — they need. 

Why the indictment matters

Amid the political hubbub, here's the bottom line: The law doesn't grant a governor the power to withhold things of value in exchange for an elected official’s resignation. The lawyers and pundits saying otherwise are wrong.

Nothing threatening about voter ID

The Justice Department says there's something sinister about requiring voters to prove their identity, even though Americans must do so before boarding an airplane, cashing a check — or visiting the Justice Department headquarters.