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Texas Court of Criminal Appeals Judge Criticizes Predictions of Future Dangerousness

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AP reports, "Condemned Texas killers lose appeals," on two rulings handed down by the CCA today, via the Fort Worth Star-Telegram.  It strikes me that the news comes in the case of Noah Espada.Judge Paul Womack, joined by Judge Cheryl Johnson, dissented from the majority on Espada's claim regarding a psychiatrist predicting future danger, one of the questions jurors must answer in deciding on a death penalty."Before we accept an opinion that a capital murderer will be dangerous even in prison, there should be some research to show that this behavior can be predicted," Womack wrote.Judge Womack's dissent is here.  It reads: The Court holds (ante, at 15) that the trial court did not abuse its discretion in allowing the psychiatrist to offer an expert opinion on the probability that the defendant will commit future acts of dangerousness that will constitute a danger to society...continue to full post

Full post as published by StandDown Texas Project on November 05, 2008 (boomark / email).