en.wikipedia.org wiki capital punishment in texas

7/31/2019 En.wikipedia.org Wiki Capital Punishment in Texas

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The State of Texas Death Row seal,

taken at the Polunsky Unit in West

Livingston, Texas

The Huntsville Unit in Huntsville,

Texas is the location of the execution

chamber of the state of Texas

Capital punishment in TexasFrom Wikipedia, the free encyclopedia

Capital punishment has been used in the U.S. state of Texas

and its predecessor entities since 1819.

As of 7 August 2012, 1,235 individuals (all but six of whom havebeen male) have been executed.[1] Only Virginia has executed

more individuals overall; however, since the death penalty was re

-instituted in the United States in the 1976 Gregg v. Georgia

decision, Texas has executed (all via lethal injection) more

inmates than any other state (beginning in 1982 with the

execution of Charles Brooks Jr.), notwithstanding that two states

(California and Florida) have a larger death row population than

Texas.

Since 1923 the Texas Department of Criminal Justice (TDCJ) has

been in charge of executions in the state. TDCJ houses death rowprisoners after they are transported from their counties of

conviction, and administers the death penalty on a condemned

person's court-scheduled date of execution barring any last-

minute stays.[2]

Texas has used a variety of execution methods hanging (until

1924), shooting by firing squad (used only four times during the

Civil War period), electrocution (19241964) and lethal injection

(1982 to present). Most executions were for murder, but other

crimes such as piracy, cattle rustling, treason, desertion and rape

have been subject to death sentences. Six sets of brothers havebeen executed, the most recent being Jessie (9/16/1994) and Jose

(11/18/1999) Gutierrez.

Under current state law, the crimes of capital murder and capital sabotage (see Texas Government Code

557.012) or a second conviction for the aggravated sexual assault of someone under 14 is eligible for

the death penalty (though the recent Supreme Court case Kennedy v. Louisiana removed the death

penalty option for rapists). In order for a murder to be a "capital murder," it must meet one of the

circumstances described below under the Capital Offenses section.

Male death row inmates are held at the Allan B. Polunsky Unit and female death row inmates are held at

the Mountain View Unit, while all executions occur at Huntsville Unit.

Contents

1 History

2 Capital offenses

3 Legal procedure

3.1 Trial phase

3.1.1 Guilt-innocence phase

3.1.2 Punishment phase

3.2 Direct appeal of conviction 3.3 Habeas corpus appeals

3.3.1 Subsequent or successive writ applications

Page 1 of 15Capital punishment in Texas - Wikipedia, the free encyclopedia

08/08/2012htt ://en.wiki edia.or /wiki/Ca ital unishment in Texas


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Gallows in Brownsville, Texas prior

to the hanging of two men in 1916

Ellis Unit, which at one time housed

the State of Texas male death row

3.4 Board of Pardons and Paroles

4 Processing, transportation, and confinement

5 Establishing the date of execution

6 Execution procedure

7 Reasons for the high number of executions

8 Alleged execution of innocent persons

9 Execution of Mexican nationals

10 Opposition

11 See also

12 Further reading

13 References

14 External links

History

See also: Capital punishment in the United States and List of

individuals executed in Texas

Prior to statehood in 1845, eight executions were carried out; all

were by hanging. Upon statehood, hanging would be the method

used for almost all executions until 1924. Hangings were

administered by the county where the trial took place. The last

hanging in the state was that of Nathan Lee, a man convicted of

murder and executed in McKinney, Texas on August 31, 1923.

The only other method used at the time was execution by firing

squad, which was used for three Confederate deserters during the

American Civil War as well as a man convicted of attempted rape

in 1863.[citation needed]

Texas changed its execution laws in 1923, requiring the

executions be carried out on the electric chair and that they take

place at the Texas State Penitentiary at Huntsville (also known as

Huntsville Unit). From 1928 until 1965, this was also home to the

state's male death row. The first executions on the electric chair

were on February 8, 1924 when Charles Reynolds, Ewell Morris,

George Washington, Mack Matthews, and Melvin Johnson had

their death sentences carried out. The five executions were the

most carried out on a single day in the state. The state would

conduct multiple executions on a single day on several otheroccasions, the last being on September 5, 1951. Since then, the

state has not executed more than one person on a single day,

though there is no law prohibiting such. A total of 361 people

were electrocuted by the state, with the last being Joseph Johnson

on July 30, 1964.[citation needed]

The United States Supreme Court decision inFurman v. Georgia

(408 U.S. 238 (https://supreme.justia.com/us/408/238/case.html)

(1972)), which declared Georgia's "unitary trial" procedure (in

which the jury was asked to return a verdict of guilt or innocence

and, simultaneously, determine whether the defendant would be punished by death or life imprisonment)

to be unconstitutional on the grounds that it was a cruel and unusual punishment in violation of the




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Allan B. Polunsky Unit, the locationof the men's death row

Eighth Amendment to the United States Constitution, essentially negated all death penalty sentences

nationwide. At the time of the decision 52 inmates (45 on death row and seven in county jails awaiting

transfer to TDCJ) had been given the death penalty; all were commuted to life in prison.[3]

TheFurman decision led to a 1973 revision of the laws, primarily by introducing the bifurcated trial

process (where the guilt-innocence and punishment phases are separate) and narrowly limiting the legal

definition of capital murder (and, thus, those offenses for which the death penalty could be imposed).

The first person sentenced to death under a new Texas statute was John Devries on February 15, 1974;

Devries hung himself in his cell on July 1, 1974 (using bedsheets from his bunk) before he could be

executed.[3][4]

The Supreme Court decision in Gregg v. Georgia in 1976 once again allowed for the death penalty to be

imposed (a case from Texas was also involved in the Greggdecision and was upheld by the Court, with

the Court stating that Texas' death penalty scheme could potentially result in fewer death penalty cases,

an irony given that Texas has by far executed more inmates than any other state). However, the first

execution in Texas after this decision would not take place until December 7, 1982 with that of Charles

Brooks, Jr.. Brooks was also the first person to be judicially executed by lethal injection in the world, and

the first African American to be executed in the United States since 1967.

In the post-Greggera Texas has executed over four times more inmates than Virginia (the state with the

second-highest number of executions in the post-Greggera) and nearly 37 times more inmates than

California (the state with the largest death row population).

The TDCJ website maintains a list of inmates with scheduled execution dates, which is generally updated

within 12 days after an execution date is set, an execution takes place, or a stay of execution is granted

and the date withdrawn. TDCJ List of Scheduled Executions

(http://www.tdcj.state.tx.us/death_row/dr_scheduled_executions.html)

Capital offenses

With one exception, the only crime for which the death penalty

can be assessed is "capital murder".

Unlike the Model Penal Code (which does not specifically define

the crime of capital murder), the Texas Penal Code specifically

defines capital murder (and, thus, the possibility of the death

penalty as a punishment) as murder which involves one or more

of the elements listed below:[5]

Murder of an on-duty public safety officer or firefighter

(the defendant must have known that the victim was such) Intentional murder in the course of committing or

attempting to commit a felony offense (such as burglary,

robbery, aggravated sexual assault, arson, obstruction or

retaliation, or terroristic threat)

Murder for remuneration or for promise of remuneration (both the person who does the actual

murder and the person who hired them can be charged with capital murder)

Murder while escaping or attempting to escape a penal institution

Murder while incarcerated with one of the following three qualifiers:

While incarcerated for capital murder, the victim is an employee of the institution or the

murder must be done "with the intent to establish, maintain, or participate in a combination

or in the profits of a combination", While incarcerated for either capital murder or murder, or

While serving either a life sentence or a 99-year sentence under specified Penal Code

sections not involving capital murder or murder.




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Multiple murders (defined as two or more murders during the same "criminal act", which can

involve a series of events not taking place at the same time)

Murder of an individual under ten years of age

Murder of a person in retaliation for, or on account of, the service or status of the other person as a

judge or justice of any court

The Texas Penal Code also allows for the death penalty to be assessed for "aggravated sexual assault of

child committed by someone previously convicted of aggravated sexual assault of child".[6] The statute

remains part of the Penal Code; however, the Supreme Court of the United States's decision in Kennedy

v. Louisiana which outlawed the death penalty for any crime not involving murder nullifies its effect.

The Texas Penal Code also allows a person can be convicted of any felony, including capital murder, "as

a party" to the offense. "As a party" means that the person did not personally commit the elements of the

crime, but is otherwise responsible for the conduct of the actual perpetrator as defined by law; which

includes:

soliciting for the act,

encouraging its commission,

aiding the commission of the offense, participating in a conspiracy to commit any felony where one of the conspirators commits the

crime of capital murder

The felony involved does not have to be capital murder; if a person is proven to be a party to a felony

offense and a murder is committed, the person can be charged with and convicted of capital murder, and

thus eligible for the death penalty.

As in any other state, people who are under 18 at the time of commission of the capital crime [7] or

mentally retarded[8]

are precluded from being executed by the Constitution of the United States.

Legal procedure

Trial phase

A capital trial in Texas is a bifurcated trial, consisting of the "guilt-innocence phase" (where the jury

must determine if guilt has been proven beyond a reasonable doubt) followed by the "punishment

phase" (in which the jury determines whether the person will be sentenced to death or life in prison).

Guilt-innocence phase

The guilt-innocence phase in a capital case in Texas proceeds identically to a non-capital case with theexception of voir dire (jury selection). In a capital case, voir dire is conducted on each potential juror

individually rather than as a group, and voir dire must result in a death-qualified jury.

Punishment phase

A punishment phase will not take place if the death penalty will not be imposed. Reasons for such

include:

The person was under 18 at the time of the crime and, thus, cannot be sentenced to death (Roper v.

Simmons)

Both the prosecution and defense agree that the person was mentally retarded at the time of thecrime and, thus, cannot be sentenced to death (Atkins v. Virginia)

The prosecution has chosen not to seek the death penalty. This can be for various reasons, such as

the prosecution believing that they could not show the defendant worthy of death, or the family of




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the victim has asked that the death penalty not be imposed (in Texas, the district attorney for the

county is in charge of prosecutorial staff; as the district attorney is an elected position, not

deferring to a family's wishes could make re-election difficult).

If no punishment phase is held, the sentence is life imprisonment, with the actual sentence as follows:

For crimes committed on or after September 1, 2005, the sentence is life imprisonment without the

possibility of parole For crimes committed on or after September 1, 1991 but prior to September 1, 2005, the sentence

is life imprisonment with the possibility of parole, but the offender must serve 40 calendar years

before it can be considered.

For crimes committed prior to September 1, 1991, the sentence is life imprisonment with the

possibility of parole, with no minimum calendar time required to be served.

As a result of the special issues in death penalty cases, there are different rules of evidence that apply in

capital cases in the punishment phase than for a non-capital case. In a non-capital case, the State may

introduce evidence of prior bad acts that did not result in a conviction only if "shown beyond a

reasonable doubt by evidence to have been committed by the defendant or for which he could be held

criminally responsible." There exists no such limitation in capital cases, and the State may introduceevidence "as to any matter that the court deems relevant to sentence" without any burden of proof. As a

result, the State may present evidence in the punishment phase relating to a case for which the capital

defendant has in the past already been tried and acquitted on, and this has happened in Texas.

Since the re-introduction of the death penalty, Texas has always required the jury to decide whether to

impose the death penalty in a specific case. However, Texas did not adopt the "aggravating factor"

approach outlined in the Model Penal Code. Instead, once each side has pleaded its case, the jury must

answer two questions (three, if the person was convicted as a party) to determine whether a person will

or will not be sentenced to death:

The first question is whether there exists a probability the defendant would commit criminal acts o

violence that would constitute a "continuing threat to society". "Society" in this instance includesboth inside and outside of prison; thus, a defendant who would constitute a threat to people inside

of prison, such as correctional officers or other inmates, is eligible for the death penalty.

The second question is whether, taking into consideration the circumstances of the offense, the

defendant's character and background, and the personal moral culpability of the defendant, there

exists sufficient mitigating circumstances to warrant a sentence of life imprisonment rather than a

death sentence.

If the person was convicted as a party, the third question asked is whether the defendant actually

caused the death of the deceased, or did not actually cause the death of the deceased but intended

to kill the deceased, or "anticipated" that a human life would be taken.

In order for a death sentence to be imposed, the jury must answer the first question 'Yes' and the secondquestion 'No' (and, if convicted as a party, the third question 'Yes'). Otherwise the sentence is life in

prison.

Direct appeal of conviction

The imposition of a death sentence in Texas results in an automatic direct appeal to the Texas Court of

Criminal Appeals, the state's highest criminal tribunal (the intermediate Texas Court of Appeals is

bypassed), which examines the record for trial error.

Habeas corpus appeals




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Beyond the direct appeal stage, any appeals not involving habeas corpus to the Federal level are not

automatic and must be requested via writ of certiorari. The United States Court of Appeals for the Fifth

Circuit has jurisdiction over Texas.

In Texas, capital defendants have a state statutory (not constitutional) right to representation by counsel

during their initial state habeas corpus proceedings. Habeas proceedings, unlike direct appeals, consider

matters extraneous to the trial record in order to determine the constitutionality of the proceedings and

hence the validity of the conviction and sentence.

The habeas attorney is appointed at the same time as the direct appeal attorney, and the habeas

application is due within 180 days. Although Article 11.071 of the Texas Code of Criminal Procedure

guarantees the defendant competent counsel in his state habeas corpus proceedings, the Texas Court of

Criminal Appeals has held that this refers merely to the initial qualifications of the attorney, not to the

end product of his representation.

Following a hearing, if any, the defendant's counsel and the State both submit proposed findings of fact

and conclusions of law, the trial court is to make its own written findings of fact and conclusions of law

regarding the application, and the case is then transferred to the Court of Criminal Appeals of Texas,

which can adopt or reject the findings and conclusions of the trial court, and will then render an ordereither granting or denying a new trial.

Subsequent or successive writ applications

A subsequent petition for a writ of habeas corpus is any that is filed after the first. If that writ contains

claims that were also raised in a previous writ then it is known as a successive petition, it if has claims

in that could have been raised previously but were not it is called an abusive petition/writ, though bear

in mind that these terms may used fairly interchangeably.

Section 11.071 5 of the Texas Code of Criminal Procedure deals with subsequent habeas corpus

petitions. The general rule (as in most others that regularly use the death penalty) is that the defendantmust raise all the claims it wishes in the first habeas corpus writ. After this any subsequent habeas writ,

whether it contains new evidence or not, will be rejected on procedural grounds without the courts

considering the merits. However, a subsequent writ may be granted if any one of the four following

exceptions are met:

i) the petition raises a claim based on facts that were unavailable at the time of the original petition

Generally a petition raising new factual evidence under the first exception will only be

accepted if it is the subject of aBrady claim, meaning the prosecution has suppressed the

evidence and therefore the defendant could not have had access to it at the time of their first

petition.

ii) the claim is based on case-law developed subsequent to the original petition

This exception is currently the subject of ongoing litigation, as a defendant is required to

argue opposite positions in state and federal court; a federal court may only grant habeas

relief if the state court has misapplied clearly established federal law, while a Texas court

may only grant relief if the defendant wants to take advantage of a new rule of law.

iii) if the claim raises evidence showing that the defendant would not have been convicted but for a

violation of the US Constitution

This exception concerns claims of actual innocence of the crime for which the defendant has

been convicted. These claims have to show that, by a preponderance of the evidence, the

defendant would not have been convicted but for a violation of the US Constitution.

Although preponderance of the evidence is not an especially high burden of proof, the

defendant is also required to show a violation of the US Constitution, which can be much

more difficult to prove. A claim in a subsequent petition that merely claims a defendant isinnocent without a Constitutional violation will not be considered.




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iv) the claim raises evidence showing that the jury in the defendants trial would not have

answered the two (or three) death penalty questions (see the Punishment Phase section above) in

the States favor but for a violation of the US Constitution

This exception applies to situations where some Constitutional defect in the trial or appeal

means that no rational juror could have voted for the defendant to receive the death penalty.

Note though that, as with exception iii), this kind of claim is dependent on there being some

other problem with the defendants trial, but under this exception the burden of proof

standard is clear and convincing evidence, a higher standard than under exception iii). This

exception is important for subsequent or successive petitions making anAtkins claim of

mental retardation, as a successful petition will automatically render a defendant ineligible

for the death penalty. Unlike exception iii) the court will consider successive petitions

raising such a claim without an accompanying Constitutional violation.

The first two exceptions allow subsequent petitions regarding new evidence, but only if it was

unavailable at the time of the previous petition; this obviously excludes successive petitions containing

no new claims from being considered under either of these two exceptions. The second two exceptions

have no such limitations and potentially allow a defendant to file a successive petition and re-litigate

claims that have already been rejected.

In any second or subsequent petition filed at the Federal level, the US Code requires the assent of the

applicable Court of Appeals before the petition can be filed in the District Court.[9]

Board of Pardons and Paroles

In addition, a defendant may also appeal to the Texas Board of Pardons and Paroles (a division of the

Texas Department of Criminal Justice) for commutation of the sentence.

The Board, after hearing testimony, decides whether or not to recommend commutation to the Governor

of Texas. The Governor can accept or reject a positive recommendation of commutation, but has no

power to override a negative recommendation (the law was changed in 1936 due to concerns thatpardons were being sold for cash under the administrations of former Governor James E. Ferguson and

later his wife and Texas' first female Governor Miriam A. Ferguson).[10] The only unilateral action which

the Governor can take is to grant a one-time, 30-day reprieve to the defendant.[11][12]

It should be noted that the Board members are gubernatorial appointees (though their terms overlap

gubernatorial elections) and, thus, will most likely share the same political viewpoints as the Governor

who appointed them.

Processing, transportation, and confinement

Male death row inmates are housed at the Polunsky Unit in West Livingston;[3][13]

female death row

inmates are housed at the Mountain View Unit in Gatesville. All death row inmates at both units are

physically segregated from the general population, recreate individually, and have individual 60 square

feet (5.6 m2) cells. They receive special death row ID numbers instead of regular Texas Department of

Criminal Justice numbers.[3]

Death row prisoners, along with prisoners in administrative segregation, are seated individually on prison

transport vehicles. The TDCJ makes death row prisoners wear various restrains, including belly chains

and leg irons, while being transported.[14] Death row offenders and offenders with life imprisonment

without parole enter the TDCJ system through two points; men enter through the Byrd Unit in

Huntsville, and women enter through the Reception Center in Christina Crain Unit, Gatesville. Fromthere, death row inmates go to their designated death row facilities.[15]




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Establishing the date of execution

The judge presiding over a capital case sets the execution date once it appears that all the offender's

appeals have been exhausted.[16] The initial date of execution cannot be prior to the 91st day after the day

the order is entered and (if the original order is withdrawn) subsequent execution dates cannot be less

than the 31st day after the order is entered, provided that no habeas corpus motion has been filed under

Article 11.071; otherwise, the date cannot be set prior to the court either denying relief, or issuing itsmandate.[17] In the event an offender manages to escape confinement, and not be re-arrested until after

the set execution date, the revised date of execution shall be not less than 30 days from the date the order

is issued.[18]

Execution procedure

The law does not prohibit multiple executions in a single day; however, Texas has not executed multiple

offenders on a single day since September 5, 1951, when three offenders were executed on that day.[19]

The law only specifies that "[t]he execution shall take place at a location designated by the TexasDepartment of Corrections in a room arranged for that purpose."[20] However, since 1923, all executions

have been carried out at the Huntsville Unit, the former location of death row.

On the afternoon of a prisoner's scheduled execution,[21] he or she is transported directly from his or her

death row unit to the Huntsville Unit.[22]

Men leave the Polunsky Unit in a three-vehicle convoy bound

for the Huntsville Unit; [21] women leave from the Mountain View Unit. The only individuals who are

informed of the transportation arrangements are the wardens of the affected units. The TDCJ does not

make an announcement regarding what routes are used.[22]

Upon arrival at the Huntsville Unit, the condemned is led through a back gate, submits to a cavity search,

then is placed in a holding cell.

Before 2011, the condemned was given an opportunity to have a last meal based on what the unit's

cafeteria could prepare from its stock. Robert Perkinson, author ofTexas Tough: The Rise of America's

Prison Empire, said in 2010 that most condemned prisoners order "standard American fare in heaping

portions, the sorts of meals that recall a childhood Sunday."[21] Many female prisoners under the death

sentence did not take a last meal.[23] However, Lawrence Russel Brewer, a white supremacist gang

member convicted for the high-profile hate crime dragging death of James Byrd, Jr., ordered a large last

meal and did not eat it before his execution. In response, John Whitmire, a member of the Texas

legislature, asked the TDCJ to stop special meals. Whitmire stated to the press that Brewer's victim, Mr.

Byrd, "didn't get to choose his last meal." The TDCJ complied. Brian Price, a former prison chef, offered

to personally cook and pay for any subsequent special last meal since the TDCJ is not paying for themanymore.[24] However, Whitmire warned in a letter that he would seek formal state legislation when

lawmakers next convened if the "last meal" tradition wasn't stopped immediately.[25]

Afterwards, the

TDCJ stopped serving special last meals, and will only allow execution chamber prisoners to have the

same kind of meal served to regular prisoners.[26] Many prisoners requested cigarettes (which were

denied as TDCJ has banned smoking in its facilities).

Under Texas law, executions are carried out at or after 6 p.m. Huntsville (Central) time "by intravenous

injection of a substance or substances in a lethal quantity sufficient to cause death and until such convict

is dead".[27] The law does not specify the substance(s) to be used; according to the Texas Department of

Criminal Justice the chemicals used for the lethal injection are the commonly-used three-drug

combination of (in order) sodium thiopental (a lethal dose which sedates the offender), pancuroniumbromide (a muscle relaxant which collapses the diaphragm and lungs), and potassium chloride (which

stops the heartbeat). The offender is usually pronounced dead approximately seven minutes after start of




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the injection process; the cost for the three substances is $86.08 per offender.[3] As a result of drug

shortages, sodium thiopental was replaced by pentobarbital in 2011.[28] Further shortages of this drug

have pushed the cost of the drugs to approximately $1300 per offender.[29] Still further shortages ofpancuronium bromide (and the expiration of the existing stock) have forced the state into switching to

using solely pentobarbital.[30]

The only persons legally allowed to be present (none of whom can be convicts) at the execution are:[31]

the executioner "and such persons as may be necessary to assist him in conducting the execution" the Board of Directors of the Department of Corrections two physicians including the prison physician the spiritual advisor of the condemned the chaplains of the Department of Corrections the county judge and sheriff of the county in which the crime was committed no more than five relatives or friends of the condemned person

In response to victims rights groups, TDCJ adopted a board rule in January 1996 allowing five victimwitnesses (six for multiple victims). Initially the witnesses were limited to immediate family andindividuals with a close relationship to the victim, but the board rule was modified in 1998 to allow closefriends of surviving witnesses, and further modified in May 2008 to allow the victim witnesses to beaccompanied by a spiritual advisor who is a bona fide pastor or comparable official of the victim's

religion.[32]

In addition, five members of the media are also allowed to witness the execution, divided equally as

possible between the rooms containing the offender's and victim witnesses.[32] Under current TDCJguidelines, a representative of both the Associated Press and theHuntsville Item (the local newspaper)are guaranteed slots to witness an execution (Michael Graczyk from the AP's Houston office is a frequent

attender, having attended over 300 executions).[33] Other media members must submit their requests at

least three days prior to the execution date; priority will be given to media members representing the areain which the capital crime took place. College and university media are not permitted to be witnesses.[34]

Upon the offender's death the body shall be immediately embalmed, and shall be disposed of as follows:[35]

A relative or bona fide friend of the offender may demand or request the body within 48 hoursafter death, upon payment of a fee not to exceed US$25 for the mortician's services in embalmingthe deceased; once TDCJ receives the receipt the body shall be released to the requestor or his/herauthorized agent.

If no relative or bona fide friend requests the body, the Anatomical Board of the State of Texasmay request the body, but must also pay the US$25 fee for embalming services and TDCJ must

receive the receipt prior to delivery. If no relative, bona fide friend, or the Anatomical Board requests the body, TDCJ shall cause the

body to be "decently buried" with the embalming fee to be paid by the county in which theindictment resulting in the conviction occurred.

Reasons for the high number of

executions

There are a variety of proposed legal and cultural explanations asto why Texas has more executions than any other state.

One major reason is due to population size Texas has thesecond-largest population of any state, trailing only




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Captain Joe Byrd Cemetery in

Huntsville, the Texas Department of

Criminal Justice prison cemetery for

deceased prisoners, including

executed prisoners, who are not

reclaimed by their families

California. However, while California's death row is larger

than Texas'; since 1976 (when Gregg v. Georgia once again

permitted the imposition of the death penalty) Texas has

executed over 480 inmates, while California has executed

only 13 and none since January 17, 2006.[36]

Another reason is due to Texas' political climate, which

generally leans conservative and in favor of capital

punishment. Since 1994, every statewide office has been

held by the Republican Party, including the nine judges of

the Texas Court of Criminal Appeals (by law, the judges of

this court which on direct appeal reviews all death

penalty cases are elected, not appointed as in other

states).[37]

In addition, the members of the Texas Board of

Pardons and Paroles (which can recommend, but not order,

commutation of a sentence to the Governor) are

gubernatorial appointees, and the Republican Party has

held the Governor's office since 1998.

Another reason is due to the federal appellate structure federal appeals from Texas are made to

the United States Court of Appeals for the Fifth Circuit. Michael Sharlot, dean of the University of

Texas at Austin Law School, found the Fifth Circuit to be a "much more conservative circuit" than

the Ninth Circuit to which federal appeals from California are made. According to him, the Fifth is

"more deferential to the popular will" that is strongly pro-death penalty and creates few legal

obstacles to execution within its jurisdiction.[38][39]

Texas may have a much lower rate of death sentencing than other states, according to a study by Cornell

University faculty members. The study showed that states with more objective laws defining a death

penalty offense (such as Texas; as shown in the Capital Offenses section above Texas has defined

specific, objective circumstances which constitute a capital murder offense) sentenced defendants to

death less (about 1.9 percent in 1977-99) than states whose laws were more subjective in defining a death

penalty offense (which assigned it about 2.7 percent during that period).[40]

Alleged execution of innocent persons

See also: Wrongful execution

Texas' active use of the death penalty has led death penalty opponents to claim that Texas has executed

persons who were, in fact, innocent. One notable case involves Cameron Todd Willingham, who was

executed by lethal injection on February 17, 2004 for murdering his three daughters in 1991 by arson, but

where a 2009 article (http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann) in The

New Yorker, and subsequent findings, have cast doubt on the evidence used in his conviction.

In 2009, a report conducted by Dr. Craig Beyler, hired by the Texas Forensic Science Commission to

review the case, found that "a finding of arson could not be sustained". Beyler said that key testimony

from a fire marshal at Willingham's trial was "hardly consistent with a scientific mind-set and is more

characteristic of mystics or psychics.[41]

Governor Rick Perry has expressed skepticism of Beyler's findings. He stated that court records showed

evidence of Willinghams guilt in charges that he intentionally killed his daughters in the fire. Perry is

quoted in the report as stating of Willingham, "Im familiar with the latter-day supposed experts on the

arson side of it," and Perry said that court records provide "clear and compelling, overwhelming evidence

that he was in fact the murderer of his children."[42]




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On July 23, 2010, the Texas Forensic Science Commission released a report saying that the conviction

was based on "flawed science" and that there is no indication that the arson authorities were negligent or

committed willful misconduct.[43]

Execution of Mexican nationals

Further information: Jos Medelln and Humberto Leal Garcia

Two Mexican nationals have been recently executed in Texas Jos Medelln in 2008, and Humberto

Leal Garca in 2011. (Prior toMedellin v. Texas, four Mexican nationals were executed by Texas, who

were Ramn Montoya, Irineo Montoya, Miguel Flores, and Javier Surez Medina, in 1993, 1997, 2000

and 2001 respectively.) At the time of their arrests in the early 1990s, neither had been informed of their

rights as Mexican nationals to have the Mexican consulate informed of the charges and provide legal

assistance. A 2004 ruling by the International Court of Justice concluded that the U.S. had violated the

rights of 51 Mexican nationals, including Medelln and Garca, under the terms of a treaty the U.S. had

signed.[44]

In response to the ruling, the Bush administration issued an instruction that states comply,[45]

but the U.S. Supreme Court ruled that he had exceeded his authority. The Supreme Court also ruled in

Medellin v. Texas that the treaty was not binding on states until Congress enacted statutes to implementit, and inLeal Garcia v. Texas declined to place a stay on the executions in order to allow Congress

additional time to enact such a statute. A 2008 ruling by the International Court of Justice asked the

United States to place a stay on the executions, but Texas officials stated that they were not bound by

international law.[46]

Garca supporters complained about the use of bite mark analysis and luminol in determining his guilt.[47]

However, Garca accepted responsibility for the crimes and apologized before his execution.[48]

Regarding the Garca execution, Texas Governor Rick Perry stated that "If you commit the most heinous

of crimes in Texas, you can expect to face the ultimate penalty under our laws."[49]

Opposition

See also: Capital punishment debate

The Texas Coalition to Abolish the Death Penalty (http://tcadp.org) , a 501(c)(3) grassroots membership

organization was founded in 1998. TCADP has members across the state of Texas working to educate

their local communities on the problems of the Texas death penalty. TCADP hosts multiple education

and training opportunities each year around the state including releasing an annual report on December 7

and a day-long annual conference which includes workshops, panel discussions, networking and awards.

The conference is held in Austin during legislative years and in other Texas Cities in non-legislative

years (2012: San Antonio). TCADP opened a state office in Austin in 2004 with a paid program

coordinator and hired an executive director in 2008. TCADP is affiliated with the National Coalition to

Abolish the Death Penalty.

The March to Abolish the Death Penalty is the current name of an

event organized each October since 2000 by several Texas anti-

death penalty organizations, including Texas Moratorium

Network, the Austin chapter of the Campaign to End the Death

Penalty, the Texas Death Penalty Abolition Movement and Texas

Students Against the Death Penalty.[50]

Anti-Death Penalty

Alternative Spring Break is an annual event started by Texas

Moratorium Network in 2004 and now co-organized by TexasStudents Against the Death Penalty. It serves as a training ground

for students who oppose the death penalty.[51]




12/15

Protesters gather at the front gate of

the Texas Governor's Mansion during

the "6th Annual March to Stop

Executions

The Death Row Inner-Communalist Vanguard Engagement

(D.R.I.V.E.) consists of several male death row inmates from the

Polunsky Unit. Through a variety of non-violent strategies, they

have begun launching protests against the perceived bad

conditions at Polunsky, in particular, and capital punishment, in

general. They actively seek to consistently voice complaints to

the administration, to organize grievance filing to addressproblems. They occupy day rooms, non-violently refuse to

evacuate their cells or initiate sit-ins in visiting rooms, hallways,

pod runs and recreation yards when there is the perception of an

act of abuse of authority by guards (verbal abuse; physical abuse;

meals/recreations or showers being wrongly denied; unsanitary

day rooms and showers being allowed to persist; medical being

denied; paper work being denied; refusing to contact higher rank

to address the problems and complaints) and when alleged retaliation (thefts, denials, destruction of

property; food restrictions; wrongful denials of visits; abuse of inmates) is carried out in response to their

grievances.

See also

List of individuals executed in Texas

Michael Graczyk, Houston-based reporter for the Associated Press, who has witnessed over 300

executions in Texas as the AP's designated representative

The Rope, the Chair, and the Needle: Capital Punishment in Texas, 1923-1990

Crime in Texas

Further reading

Harnsberger, R. Scott.A Guide to Sources of Texas Criminal Justice Statistics [North Texas Crime

and Criminal Justice Series, no.6]. Denton: University of North Texas Press, 2011. ISBN 978-1-

57441-308-3

References

1. ^ Summing Texas Executions 18191964 (http://users.bestweb.net/~rg/execution/TEXAS.htm) and Executed

offenders (1982-present) (http://www.tdcj.state.tx.us/stat/executedoffenders.htm) from the Texas Department

of Criminal Justice2. ^ "Death row (http://www.tdcj.state.tx.us/cid/cid_death-row.htm) ." Texas Department of Criminal Justice.

Retrieved on September 27, 2010.3. ^ a b c d e "Death Row Facts (http://www.tdcj.state.tx.us/stat/drowfacts.htm) ." Texas Department of Criminal

Justice. Retrieved on May 6, 2010.4. ^ "Fight the Death Penalty in USA" (http://www.fdp.dk/uk/tdcj/history.htm) . Fdp.dk.

http://www.fdp.dk/uk/tdcj/history.htm. Retrieved 2012-06-14.5. ^ "Texas Penal Code, Section 19.03, "Capital

Murder"" (http://www.statutes.legis.state.tx.us/Docs/PE/pdf/PE.19.pdf) .

http://www.statutes.legis.state.tx.us/Docs/PE/pdf/PE.19.pdf. Retrieved 2008-11-21.6. ^ "Texas Penal Code, Section 12.42, "Penalties for Repeat and Habitual Felony Offenders", subsection (c)

(3)" (http://www.statutes.legis.state.tx.us/Docs/PE/pdf/PE.12.pdf) .

http://www.statutes.legis.state.tx.us/Docs/PE/pdf/PE.12.pdf. Retrieved 2009-10-21.7. ^ Roper v. Simmons, 543 U.S. 551 (2005)

8. ^ Atkins v. Virginia, 536 U.S. 304 (2002)9. ^ Title 28 U.S.C. 2244 (b)(3)(B) provides that before a second or successive application permitted by

section 2244 is filed in the district court, the applicant shall move in the appropriate court of appeals for an

order authorizing the district court to consider the application.




13/15

10. ^ Texas State Libraries and Archives Commission: "Pardons andParoles" (http://www.tsl.state.tx.us/exhibits/prisons/inquiry/pardons.html) retrieved October 20, 2011]

11. ^ Texas Administrative Code Title 37 PUBLIC SAFETY AND CORRECTIONS, Part 5 TEXAS BOARDOF PARDONS AND PAROLES, Chapter 143 EXECUTIVE CLEMENCY, Subchapter E COMMUTATIONOF SENTENCE, Rule 143.57 Commutation of Death Sentence to Lesser Penalty(http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=139791&p_tloc=&p_ploc=1&pg=25&p_tac=&ti=37&pt=5&ch=143&rl=57)

retrieved August 20, 201112. ^ The Texas Constitution: Sec. 11. BOARD OF PARDONS AND PAROLES; PAROLE LAWS;REPRIEVES, COMMUTATIONS, AND PARDONS; REMISSION OF FINES AND FORFEITURES,subsection b (Amended Nov. 3, 1936, Nov. 8, 1983, and Nov. 7, 1989.)(http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.4.htm) stating "In all criminal cases, except treasonand impeachment, the Governor shall have power, after conviction, on the written signed recommendationand advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of

punishment and pardons; and under such rules as the Legislature may prescribe, and upon the writtenrecommendation and advice of a majority of the Board of Pardons and Paroles, he shall have the power toremit fines and forfeitures. The Governor shall have the power to grant one reprieve in any capital case for a

period not to exceed thirty (30) days; and he shall have power to revoke conditional pardons. With the adviceand consent of the Legislature, he may grant reprieves, commutations of punishment and pardons in cases oftreason." retrieved August 20, 2011

13. ^ "West Livingston CDP, Texas (http://factfinder.census.gov/servlet/MapItDrawServlet?geo_id=16000US4877662&_bucket_id=50&tree_id=420&context=saff&_lang=en&_sse=on) ." U.S. CensusBureau. Retrieved on May 9, 2010.

14. ^ "More than 500,000 prisoners transported annually Bus Stop: Transportation officers keep offender trafficmoving (http://www.tdcj.state.tx.us/mediasvc/connections/marapr2005/features_v12no4.html) ." TexasDepartment of Criminal Justice. March/April 2005. Retrieved on October 26, 2010.

15. ^ "Life without parole offenders face a lifetime of tight supervision(http://www.tdcj.state.tx.us/mediasvc/connections/JanFeb2006/agency2_v13no3.html) ." Texas Departmentof Criminal Justice. Retrieved on July 7, 2010.

16. ^ "Scheduled Executions (http://www.tdcj.state.tx.us/stat/scheduledexecutions.htm) ." Texas Department ofCriminal Justice. Retrieved on May 9, 2010. "The judge presiding over a capital punishment case sets the dateof execution for a death row offender when it appears that appeals in the case have been exhausted."

17. ^ "Texas Code of Criminal Procedure, Article 43.141, "Scheduling of execution date; Withdrawal;Modification"" (http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf) (PDF).http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf. Retrieved 2012-06-14.

18. ^ "Texas Code of Criminal Procedure, Article 43.21, "Escape aftersentence"" (http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf) (PDF).http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf. Retrieved 2012-06-14.

19. ^ [1] (http://www.deathpenaltyinfo.org/ESPYstate.pdf)20. ^ "Texas Code of Criminal Procedure, Article 43.19, "Place of

execution"" (http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf) (PDF).http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf. Retrieved 2012-06-14.

21. ^ a b c Perkinson, Robert. Texas Tough: The Rise of America's Prison Empire. First Edition. MetropolitanBooks, 2010. 39. ISBN 978-0-8050-8069-8.

22. ^a b

Crawford, Bill. Texas Death Row: Executions in the Modern Era. Penguin Publishing, 2008. viii(http://books.google.com/books?id=K8SQNnzzPqQC&pg=PR8&lpg=PR8&dq=%22Mountain+View+Unit%22&source=bl&ots=lcPiPgD79v&sig=cbdQFzQhkkI3W_OA4ISKG3ZNglE&hl=en&ei=oJjPTKbXCoeglAe3-MjzBQ&sa=X&oi=book_result&ct=result&resnum=4&ved=0CCcQ6AEwAzgK#v=onepage&q=%22Mountain%20View%20Unit%22&f=false) . Retrieved from Google Books on November 1, 2010. ISBN 0-452-28930-0, ISBN 978-0-452-28930-7

23. ^ Perkinson, Robert. Texas Tough: The Rise of America's Prison Empire. First Edition. Metropolitan Books,2010. 40. ISBN 978-0-8050-8069-8.

24. ^ Lateef, Mungin. "Former death row chef offers to cook free meals for the condemned(http://www.cnn.com/2011/10/02/justice/texas-last-meal/index.html?hpt=hp_t2) ." CNN. October 2, 2011.Retrieved on October 2, 2011.

25. ^ Associated Press. "Texas death row ends 'last meal' offers after killer's massive tab (+More Weird 'LastMeals') (http://www.mywesttexas.com/editors_picks/article_0f2a0104-e55e-11e0-be90-

001cc4c03286.html) ." myWestTexas.com. September 22, 2011. Retrieved on October 20, 2011.26. ^ "Texas drops special last meal for death row inmates (http://www.cnn.com/2011/09/22/justice/texas-last-

meal/index.html?hpt=hp_t2&is_LR=1) ." CNN. Thursday September 22, 2011. Retrieved on September 22,2011.




14/15

27. ^ "Texas Code of Criminal Procedure, Article 43.14, "Execution of

Convict"" (http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf) (PDF).http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf. Retrieved 2012-06-14.

28. ^ MacLaggan, Corrie (16 March 2011).MSNBC. Reuters.

http://www.msnbc.msn.com/id/42113794/ns/us_news-crime_and_courts/t/executions-texas-switches-drug-used-animals/.

29. ^ Welsh-Huggins, Andrew (9 July 2011). AP.

http://www.google.com/hostednews/ap/article/ALeqM5hE14YzSePrXvm6QuKjUtZjf6Kglw?docId=203afa09b7944f9f81df007c6806f9ca.

30. ^ http://www.kutnews.org/post/texas-changing-its-lethal-injection-protocol

31. ^ "Texas Code of Criminal Procedure, Article 43.20, "Present atExecution"" (http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf) (PDF).

http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf. Retrieved 2012-06-14.

32. ^ a b [2] (http://www.tdcj.state.tx.us/victim/victim-viewexec.htm)33. ^ Prez-Pea, Richard (October 21, 2009). "One Reporters Lonely Beat, Witnessing

Executions" (http://www.nytimes.com/2009/10/21/business/media/21execute.html) . The New York Times

(nytimes.com): pp. A1. http://www.nytimes.com/2009/10/21/business/media/21execute.html. RetrievedOctober 22, 2009.

34. ^ "Public Information Office - Executive Directive - News Media

Relations" (http://www.tdcj.state.tx.us/divisions/pio/pio_directive_media_relations.html) . Tdcj.state.tx.us.

http://www.tdcj.state.tx.us/divisions/pio/pio_directive_media_relations.html. Retrieved 2012-06-14.35. ^ "Texas Code of Criminal Procedure, Article 43.25, "Body of

convict"" (http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf) (PDF).http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.43.pdf. Retrieved 2012-06-14.

36. ^ "Death Row Inmates by State, Order by State Population" (http://www.deathpenaltyinfo.org/death-row-

inmates-state-and-size-death-row-year) . Deathpenaltyinfo.org. http://www.deathpenaltyinfo.org/death-row-inmates-state-and-size-death-row-year. Retrieved 2012-06-14.

37. ^ Texas Office of Court Administration. "Welcome to the official site of the Texas Court of Criminal

Appeals!" (http://www.cca.courts.state.tx.us/) . Cca.courts.state.tx.us. http://www.cca.courts.state.tx.us/.

Retrieved 2012-06-14.

38. ^ As quoted in Robert Bryce, "Why Texas is Execution Capital," The Christian Science Monitor, December

14, 1998.

39. ^ Walpin, Ned (December 5, 2000). "Why is Texas #1 inExecutions?" (http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/texas.html) .Frontline

(pbs.org). http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/texas.html. Retrieved January

21, 2010.

40. ^ "Cornell study reveals surprising findings on death row, race and the most death penalty-prone states

(http://www.news.cornell.edu/releases/Feb04/Death.row.demo.lm.html) ." Cornell University. February 26,2004. Retrieved on May 9, 2010.

41. ^ Full Text of Report on Analysis of Arson Fire Investigation in Todd Willingham Case | Texas Moratorium

Network (http://stopexecutions.blogspot.com/2009/08/full-text-of-report-on-analysis-of.html) (August 2009)42. ^ "Texas Governor Defends Controversial Execution" (http://www.wiredprnews.com/2009/09/18/texas-

governor-defends-controversial-execution_200909185856.html) . Wiredprnews.com. 2009-09-18.

http://www.wiredprnews.com/2009/09/18/texas-governor-defends-controversial-execution_200909185856.html. Retrieved 2012-06-14.

43. ^ Turner, Allan. ""Flawed science" helped lead to Texas man's execution

(http://www.chron.com/disp/story.mpl/metropolitan/7122381.html) ."Houston Chronicle. July 23, 2010.Retrieved on July 23, 2010.

44. ^ "Avena and other Mexican Nationals (Mexico v. United States of

America)" (http://www.haguejusticeportal.net/eCache/DEF/6/186.html) . The Hague Justice Portal.http://www.haguejusticeportal.net/eCache/DEF/6/186.html. Retrieved 2011-08-07.

45. ^ "de beste bron van informatie over humbertoleal" (http://www.humbertoleal.org/docs/Bush-

memorandum.pdf) . humbertoleal.org. http://www.humbertoleal.org/docs/Bush-memorandum.pdf. Retrieved2012-06-14.

46. ^ "Court seeks to stay US executions" (http://news.bbc.co.uk/2/hi/americas/7510073.stm) . BBC News. 2008-07-16. http://news.bbc.co.uk/2/hi/americas/7510073.stm. Retrieved 2011-08-07.

47. ^ "Courthouse News Service" (http://www.courthousenews.com/2011/07/08/38009.htm) .

Courthousenews.com. 2011-07-08. http://www.courthousenews.com/2011/07/08/38009.htm. Retrieved 2011-08-07.




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48. ^ "Texas executes Mexican after US court rejects appeal" (http://www.bbc.co.uk/news/world-us-canada-

14041953) . BBC. 2011-07-08. http://www.bbc.co.uk/news/world-us-canada-14041953. Retrieved 2011-08-07.

49. ^ Graczyk, Michael (2011-07-08). "Criticism of Texas' execution of Mexican Leal doesn't bother

Perry" (http://www.star-telegram.com/2011/07/08/3209871/criticism-of-texas-execution-of.html) . Star-telegram.com. http://www.star-telegram.com/2011/07/08/3209871/criticism-of-texas-execution-of.html.

Retrieved 2011-08-07.

50.^

Sanders, Joshunda (2009-10-25). "Protesters march to call for an end toexecutions" (http://www.statesman.com/news/content/news/stories/local/2009/10/25/1025march.html) .

Statesman.com. http://www.statesman.com/news/content/news/stories/local/2009/10/25/1025march.html.

Retrieved 2012-06-14.51. ^ By Guest blogger. "Alternative Spring Break: Learning how to participate in the legislative

process" (http://deathpenaltyblog.dallasnews.com/archives/2010/03/alternative-spring-break-learn.html) .

Deathpenaltyblog.dallasnews.com. http://deathpenaltyblog.dallasnews.com/archives/2010/03/alternative-

spring-break-learn.html. Retrieved 2012-06-14.

External links

Narratives of family members and friends of people who have died in acts of violence, ex-cons,

lawyers, educators and activists (http://texasafterviolence.org/stories) from the Texas AfterViolence Project (http://texasafterviolence.org/)

Death Row Information (http://www.tdcj.state.tx.us/death_row/index.html) , by the Texas

Department of Criminal Justice

Texas Death Penalty Blog (http://deathpenaltyblog.dallasnews.com/) , by The Dallas Morning

News

"Inside the Texas Death

Chamber" (http://hosted.ap.org/specials/interactives/_national/texas_execution/index.html?

SITE=AP) , photo gallery accompanied by audio track, The Associated Press

Texas execution chamber today (http://www.nerve.com/CS/blogs/scanner/2008/06/23-

End/lethal_injection.jpg) Texas in 1982

(http://www.corbisimages.com/Enlargement/Enlargement.aspx?id=WL004786&caller=search)

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