“Anti-Innocence” bills: Tender years exception

Scott Henson reports on a bill pending in the Texas “lege” that would allow hearsay evidence in sexual assault cases where the victim is 14 or younger. He writes:

I don’t get this – Texas has seen a rash of wrongful convictions uncovered, but rather than pass legislation that would reduce the number of innocent people convicted, these bills are essentially what I’ve called “anti-innocence” initiatives, proposals that make it more likely that flawed or biased testimony generates a wrongful conviction.

This bill invites false testimony that cannot be cross examined, and expands the use of hearsay testimony to imply intent regarding offenses that were never even committed.

As I’ve said before, these bills are very dangerous, but they seem to be gaining steam across the country.

Previous coverage:

• Tender years exception to hearsay
• Tender years II
• Tender years III