Written by T. Logan Dayne
In what has become a predictable phenomena in California, lawmakers have pushed a bill that would label expert witness testimonies as “junk science” in a push to release more criminals. The bill would give those who have been convicted and removed from the streets in a state with skyrocketing crime, a way out of prison.
The bill was written by Democratic state Sen. Scott Wiener, known also to have recently pushed a bill that would remove parental consent for medical procedures on minors as young as 12 in the state. This new crime bill is authored under the pretense that it “gives judges stronger tools to prevent junk science from coming into our courtrooms,” Wiener said in a statement. The bill would do this by changing the definition of false testimony to conclude expert court opinions. Expert opinions that have not been based on government and state funded research or peer-reviewed studies would not satisfy the state’s requirement of what would be admissible. This move has potential to further the public’s trust in state funded research. Scientific organizations have come under close scrutiny in previous years for becoming politically active, even to begin endorsing political candidates, in what was once considered an objective and neutral facet of work.
Republican Sen. Andreas Borgeas seems to agree with the sentiment of raising the standard for conviction so that those who are innocent are not wrongfully convicted, but looks for another way to do it. Borgeas who voted against the bill is looking for another approach to the problem. He points to the problem of being able to “get anybody to say virtually anything.” Republican Sen. Jim Nielsen took a much more direct approach in his opposition saying, “These are just more attempts to erode the justice system to ensure that justice for the victims of crimes do not see justice done, that individuals who have committed crimes have more venues to escape any consequences for their actions.”
The bill is on it’s way to the assembly to be debated and voted on. If passed it would be another move in a growing number of legislation the state has passed making it easy for convicted criminals to be released.
Photo Cred: Jason Doiy/ALM
