Texas sets precedent. Perhaps other states will follow just as Broward County, Florida set the precedent for Mental Health Courts, which did and still does not include all Florida counties. Just as the state laws are disparate, so too, the county rules differ.
On September 18, 2013, Stephen Pope wrote about Senate Bill 344 (June 14, 2013) [TX], a "new legislation which allows access to the courts for defendants challenging their convictions based on outdated forensic techniques." The Texas Defender Service said, “There is no room for uncertainty when it comes to the ultimate punishment.”
The death penalty, the ultimate punishment, sustains immense pressure by abolitionists with media attention.
Also, the drug war lost another battle with FAMM as the commander when Attorney General Eric Holder continued to lessen disparity. Many low level offenders may already take advantage of this and other new drug laws retroactively, as fair sentencing advocates press on to make Holder's initiative a federal law. Moreover, those affected by drug laws were recently represented in the judiciary. States need to take the same initiatives; and others need advocates, too.
Dr. Rich and Mr. Haney responded September 22, 2013, to an article about incarcerating the mentally ill. They denounce the practice of solitary confinement. They acknowledge fifty years of disparity for the mentally ill in "that the large number of mentally ill behind bars reflects the lack of effective community mental health care." Fifty years ago, community mental health care is what President Kennedy enacted in October, 1963, but is was not funded .
Recently, September 21, 2013, marked the second anniversary of the 'justified' murder of Troy Davis. According to Georgia and the United States, there is "room for uncertainty when it comes to the ultimate punishment". Had Troy had access to forensic science or had witness recanting affidavits been accepted or other alleged evidence pointing to his innocence been developed, perhaps his innocence would not have to be proved posthumously. See the two year anniversary presentation by Democracy Now! with the introduction of I Am Troy Davis. Be sure to hear the excerpt of the book published today.