Criss & Rousseau Legal Issues Blog

Judges in Texas and other states may use their intuition when making a decision in a legal matter. In some cases, this is because they believe in their ability to make objective decisions. However, their rulings may also be based on unconscious biases. These are biases that a person may not be aware of when making a decision or forming an opinion. While judges typically don't try to be unfair to an individual, certain groups are treated better than others.

For instance, research has shown that black defendants are more likely to be sentenced to death. Black defendants are also more likely to be sentenced to longer jail or prison terms than other individuals who are convicted of similar crimes. Research has also shown that those who are confident in their ability to be objective may be more likely to act in ways that agree with their own worldview.

For some people in Texas, community service sentencing seems to provide an alternative to harsh jail time or hefty fines that many criminal defendants cannot afford. Community service is often touted as a humane alternative that poses fewer restrictions for people convicted of smaller offenses, often misdemeanors. However, a study by UCLA's Labor Center and School of Law indicates that community service sentencing can also exacerbate some of the existing problems of the criminal justice system, especially for people with low incomes and communities of color. The study examined 5,000 cases between 2013 and 2014 when people were sentenced to community service.

During the period studied, people were ordered to perform 8 million hours of labor as community service. This is the equivalent of 4,900 paid employees' work. At the same time, government agencies received 3 million labor hours, equal to the work of 1,800 people. The study points out structural problems with this reliance on people convicted of crimes to perform a significant amount of labor. Government agencies are less likely to hire people to fulfill these functions, leading to more unemployment and fewer opportunities. The need for this labor could also encourage more criminal prosecution and sentencing in cases that might otherwise have been dismissed.

Many people in Texas and across the United States are concerned about excessive criminalization and the involvement of too many people in the criminal justice system. Some have drawn attention to absurd or overreaching laws that remain on the books that can lead to a felony conviction. For example, an athlete who went for a snowmobile ride was then lost in a blizzard, racking up costs to the government to find and rescue him. However, he wasn't just hit with a large bill; instead, he was convicted of a federal criminal offense and sentenced to six months in prison.

In another case, a security contractor was convicted for telling customers of a company that he previously worked for about a breach in the company's security system. He was convicted and served a 16-month sentence for "impairing the integrity" of the system for exposing the security hole. While his conviction was later abandoned by the Justice Department following high-profile outrage, it continues to serve as an example of the potential for overzealous felony prosecutions. People convicted of felonies can be subject to heavy fines and jail or prison time. Even more, they can lose opportunities for housing, work and education, and in some cases, they are denied the right to vote.

When most people plan their estate, the primary concern is often avoiding probate court. However, for heirs and beneficiaries, as well as people planning their estate, it's important to understand that probate court can have some benefits.

Probate involves a professional, experienced judge reviewing the case and ensuring that the allocation of assets and debts complies with Texas law and follows the wishes of the testator. There are three distinct benefits to going through probate instead of avoiding it, particularly with a complicated estate with a variety of valuable assets.