The sentencing structure in Texas is in need of reform within several different areas of the state’s death penalty system. The American Bar Association with their Texas Capital Punishment Assessment Team reports recommendations in regards to the areas that need to be assesse: [(Law Enforcement Identification Procedures, Law Enforcement Interrogation Procedures, Preservation of Biological Evidence, Access to testing Biological Evidence, Crime Laboratories and Medical Examiner Offices, Forensic Science Commission, Texas Capital Sentencing Structure, Jury Instructions, Treatment of Persons with Mental Retardation, Treatment of the Severely Mentally Ill, Proportionality Review, State Habeas Corpus Proceedings, Clemency, External Review of …show more content…
Before the formation of these two offices, the State relied solely on locally appointed counsel, that were not educated with the experience and knowledge for representation in capital offense trials for indigent capital defendants (American Bar Association, 2013, p. 3 & p. 4).
An assessment team in 2013, conducted a research on the structure of capital sentencing with Texas procedures and concluded that it was strikingly different from other jurisdictions. First, with the sentencing phase of the jurors specifically with when they are asked, “to determine whether the defendant represents a future danger to society,” after voting unanimously that, “there is probability that the defendant would commit criminal acts of violence.” Second, in question is with the “future dangerousness” special issue, in all does not have guidelines or definitions of “probability,” “criminal acts,” and “society,” for the jurors, thus leaving the defendants future dangerousness in the hands of jurors’ punishment decision. In essence there are only two alternatives that the juror can pick for the capital sentencing decision: one is the death penalty and the other is life without the possibility of parole. In all actuality this ensures that all defendants convicted of capital murder will die in
The article, ‘Judge: Cop Killer Brandon Daniel competent can dismiss lawyers’ published in July of 2015, talks about Daniel’s case—overall punishment. This article is about a twenty-six year old man, Brandon Daniel, who murdered an Austin, Texas police officer. The police officer, Jaime Padron, received a call involving shoplifting at a Wal-Mart in the north side of town. Both, Brandon Daniel and Padron were wrestling on the floor when the officer was shot dead. In this situation, this murder is considered capital murder. When an individual is sentenced with capital murder, they are sentenced execution or in other words the death penalty. Texas is known for having the highest number of death penalties since 1976. However in this case,
Many people are hesitant on deciding whether they support the death penalty and in turn use other factors, like expenses, to determine their answer. They prefer to crunch the numbers and see what works better economically for society. Economically, it is actually cheaper to house an offender in jail for the rest of their life compared to the pricing to execute them. The reason is due to the pre-trial costs; in general, capital cases are far more complicated than non-capital cases and therefore require more money for the overall process. Several experts are needed to evaluate the forensic evidence, mental health and the social history of the defendant. Another expense is the procedure of jury selection. With the death penalty in question, the jury selection in capital cases are much more time consuming and expensive. In
This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense
The state of Texas penal code and forms of punishment are more than fine the way that it is, because as previously mentioned the other checks and balances would come into play and quickly over turn any punishment or law that would be deemed excessive or unconstitutional or at the very least put Texas on a defense from constant legal challenges in court (Reynolds, 1996). However this does not necessarily mean that current punishments that Texas employs can not be tweaked or adjusted. An example of how punishments in Texas can be better adjusted to combat ineffectiveness or inefficiency is to concentrate at the sources of the problem, basically the: “how the problem first develop in the first place” such as youthful offenders were prevention
This criminal code is one of the most sophisticated in the country and has become a model for other states to follow. But research studies conducted to compare effects of the death penalty nationwide have shown some conflicting results. Comparison studies done to show homicide rates of retentionist and abolitionist jurisdictions from 1999 to 2001 (Sorenson & Pilgrim) have shown that death penalty states tend to have a higher murder rate than abolitionist states. This result creates the argument of the overall deterrent effect of execution. Texas is still in the top 20 of states with the highest homicide rate even though it is the highest in death penalty executions. “If the death penalty were a deterrent, the argument goes, then Texas should be located among those states with the lowest homicide rates” (Sorenson & Pilgrim, P. 25).
The life it took thirty-seven years for Lester Bower to build, was taken from him in slightly under four hours when a jury with no murder weapon, without fingerprints, witnesses placing him at the scene, or a confession, found him guilty and sentenced him to death. During the next thirty-one years of waiting he was separated from his wife and two daughters; he spent about 23 hours a day in the 5 by 9-foot cell that held him as he awaited his execution. In 1994, he reported that his life on death row was a lonely one saying, “You have people around you all the time, but you have very few friends. There is too much dying on the row, so you don't build really true bonds.” Finally on June 3, 2015, Bower died for the crime that he maintained he
Since the death penalty was reauthorized in 1976, 1,362 people have been executed, almost exclusively by the states, with most occurring after 1990. Texas has accounted for over one-third of modern executions and over four times as many as Virginia, the state with the second-highest number. The Walls Unit prison in downtown Huntsville, Texas is the nations busiest execution chamber.
There have been many different types of forms used when it comes to punishing the accused offender. In the past the punishment methods used ranged anything from stoning to death, to setting someone alive on fire, hanging, or the beheading of someone, alongside with the attaching of the offender’s arms and legs to four separate horses, or oxen only to be pulled apart. In all these barbaric and inhuman acts by our standards today, were performed within the towns square so that the community and visitors would be able to witness these executions.
Immigration continues to grow through out Texas and so does politicians, however despite the growing population and growing supporters for Republicans, the death penalty does not. The death penalty has taken the lives of many criminals but does not continue to do so. Through out the nation, the death penalty has been a wide debated topic on whether or not it is in violation of the eighth amendment and also has been considered cruel and unusual punishment. Texas, among other states, has used and continues to use the death penalty costing taxpayers millions. The death penalty is cruel and usual punishment and is costing taxpayers millions of dollars.
Capital Punishment, also known as the Death Penalty, has been a part of the United State’s justice system for the majority of the country’s existence. Today, 31 out of the 50 states still recognize the death penalty as a viable option when dealing with high profile crimes, most notably murder and sexual assault. While many people argue that the death penalty should be made illegal, there is also widespread support in favor of keeping the death penalty, leaving the nation divided on the issue. Both sides of the argument possess valid evidence that supports their claims, but in the end, the arguments in favor of the death penalty are noticeably stronger. The death penalty is an appropriate sentence that should continue to be allowed in the
Texas Capital Punishment is not as reasonable as one might assume. It is not reasonable since there have been many innocent individuals who have been executed. One might wonder how an innocent individual is given Capital Punishment, and through out the Trial he or she is found guilty and hurl for execution. Many facing Capital Punishment are underprivileged individuals who cannot afford a private lawyer, in which he or she relies on the State of Texas to appoint an attorney for them (Byrd & Price, 2008). Much of the time, the appointed lawyers are overloaded with cases, don’t have time to review the case before trial, and don’t have trial experience required for a capital punishment case (Byrd & Price, 2008). According to the Death penalty
The moral and ethical debate on the sentencing and enforcement of capital punishment has long baffled the citizens and governing powers of the United States. Throughout time, the interpretation of the U.S. Constitution, and the vast majority beliefs of Americans, have been in a constant state of perplexity. Before the 1960s, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment and therefore unconstitutional under the Eighth Amendment. Many argue that capital punishment is an absolute necessity, in order to deter crime, and to ‘make things right’ following a heinous crime of murder. Despite the belief that capital punishment may seem to be the only tangible, permanent solution to ending future capital offenses, the United States should remove this cruel and unnecessary form of punishment from our current judicial systems.
The first person to ever get execution in the state of texas was in november of 1819. When this was first put into effect they executed offenders by hanging them. Until 1923 ,they began using the electric chair to execute murderers. In the 1970’s that’s when they began using the lethal injections. In the beginning of the death penalty people were only executed for murder and stealing. But now you don’t have to commit a murder to get put on a death row sentence. Although most people who are on death row have committed a murder. Some of the felons who have been on death row have committed a crime such as several rapes, assault and battery, and attempted sexually batter.
In the United States, there are around 40 to 50 executions per year, Texas with 10 or more prisoners put to death each year. Texas has the highest rate of deaths out of all the other states with the death penalty. Texas currently has three prisoners put to death already. The United States has currently 31 states with the death penalty; the remaining states abolished it. The death penalty should be abolished because of the cost, it shortens punishment for the person who did the crime,and it puts innocent lives at risk.
The death penalty is the punishment of execution. The death penalty was authorized by 32 states, the Federal Government, and the U.S. Military. Throughout the years, the method of the death penalty has changed. Not only has the way it is performed been altered, but also the way our presidential candidates view the death penalty. For example, when George Bush was governor of Texas in the 1990s, he approved executions. He sent some to death who might have been innocent. Death sentences in Texas have dropped nearly 80% since 1999. In 1977, Oklahoma became the first state to adopt lethal injection as a form of execution. Lethal injection is the primary method used. On December 2, 1982, Charles Brooks became the first person executed by lethal injection in Texas. Besides the deadly injection, the electric chair nicknamed "Old Sparky," was also an execution method. Texas, along with Louisiana, Ohio, and Illinois used the electric chair. The electric chair was in use from 1924 until 1964. Old Sparky was said to have taken 361 prisoners life's (TexasTribune).