Wednesday, May 5, 2010

Question of Impartiality of the Courts

Charles Dean Hood is waiting on death row after being convicted of killing two people in Plano, Texas. The verdict and condemning punishment makes the nature of his trial more questionable. The prosecutor (who also served as Collin County's District Attorney), Tom O'Connell, and Judge, Verla Sue Holland, of the trial had a past sexual relationship and are still close friends, making the trial lose its credibility and impartiality. Hood and his legal team have not been able to get a new trial in the Texas court system, and the Supreme Court recently declined to reconsider the case.
This story brings the Constitutional right to a fair trial into question. Our court system is supposed to allow a fair trial, but the Sixth Amendment of the Constitution only calls for the impartiality of the jury. The Judge Verla Sue Holland got her position through an election, and her values and judgement were scrutinized by the populace. With her position, the people decided that she had the values that would uphold the Constitutional right for those involved in her court. But her relationship with the District Attorney clearly made the courtroom impartial. As the director of The Texas Defender Service, Andrea Keilen, said of the case, "'No one should be prosecuted for a parking ticket, let alone for capital murder by the district attorney who has had a sexual affair with the judge handling the case."
This story shows that while our Constitution and our court systems are made to give the accused a fair trial, there are still shortcomings in the system that are not protected by the Constitution or popular elections.

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