Capital punishment in Texas
Encyclopedia
Capital punishment
has been used in the U.S. state
of Texas
and its predecessor entities since 1819.
As of 16 November 2011, 1,228 individuals (all but six of whom have been male) have been executed. 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 row prisoners 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.
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
(1924–1964) 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 have been 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.
. 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.
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, A black man, 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 other occasions, 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.
The United States Supreme Court decision in Furman v. Georgia
, 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 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.
The Furman 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 this new statute was John Devries on February 15, 1974; Devries hanged himself in his cell on July 1, 1974 (using bedsheets from his bunk) before he could be executed.
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 Gregg decision 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-Gregg era Texas has executed over four times more inmates than Virginia (the state with the second-highest number of executions in the post-Gregg era) 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 1–2 days after an execution takes place or a stay of execution is granted. TDCJ List of Scheduled Executions
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:
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". 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:
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 or mentally retarded are precluded from being executed by the Constitution of the United States.
) followed by the "punishment phase" (in which the jury determines whether the person will be sentenced to death or life in prison).
(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
.
If no punishment phase is held, the sentence is life imprisonment
, with the actual sentence as follows:
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 introduce evidence "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:
In order for a death sentence to be imposed, the jury must answer the first question 'Yes' and the second question 'No' (and, if convicted as a party, the third question 'Yes'). Otherwise the sentence is life in prison.
, the state's highest criminal tribunal (the intermediate Texas Court of Appeals is bypassed), which examines the record for trial error.
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 order either granting or denying a new trial.
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 defendant must 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:
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; however the standard of evidence that the defendant must show is extremely high.
) 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 that pardons 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
). The only unilateral action which the Governor can take is to grant a one-time, 30-day reprieve to the defendant.
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.
inmates are housed at the Polunsky Unit
in West Livingston
; 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.
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. 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. From there, death row inmates go to their designated death row facilities.
The law only specifies that "[t]he execution shall take place at a location designated by the Texas Department of Corrections in a room arranged for that purpose." 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, he or she is transported directly from his or her death row unit to the Huntsville Unit. Men leave the Polunsky Unit in a three-vehicle convoy bound for the Huntsville Unit; 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.
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 of Texas 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." Many female prisoners under the death sentence did not take a last meal. 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 them anymore. 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. 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. Many prisoners requested cigarette
s (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". 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), pancuronium bromide (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 the injection process; the cost for the three substances is $86.08 per offender. As a result of drug shortages, sodium thiopental was replaced by pentobarbital
in 2011. Further shortages of this drug have pushed the cost of the drugs to approximately $1300 per offender.
The only persons legally allowed to be present (none of whom can be convicts) at the execution are:
In response to victims rights groups, TDCJ adopted a board rule in January 1996 allowing five victim witnesses (six for multiple victims). Initially the witnesses were limited to immediate family and individuals with a close relationship to the victim, but the board rule was modified in 1998 to allow close friends of surviving witnesses, and further modified in May 2008 to allow the victim witnesses to be accompanied by a spiritual advisor who is a bona fide pastor or comparable official of the victim's religion.
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. Under current TDCJ guidelines, a representative of both the Associated Press
and the Huntsville 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). 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 area in which the capital crime took place. College and university media are not permitted to be witnesses.
Upon the offender's death the body shall be immediately embalmed, and shall be disposed of as follows:
and cultural
explanations as to why Texas has more executions than any other state.
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).
, 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”.
Governor
Rick Perry
has expressed skepticism of Beyler's findings. He stated that court records showed evidence of Willingham’s guilt in charges that he intentionally killed his daughters in the fire. Perry is quoted in the report as stating of Willingham, "I’m 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."
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.
concluded that the U.S. had violated the rights of 51 Mexican nationals, including Medellin and Garcia, under the terms of a treaty
the U.S. had signed. In response to the ruling, the Bush administration issued an instruction that states comply, 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 implement it, and in Leal 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.
Garcia supporters complained about the use of bite mark analysis and luminol in determining his guilt. However, Garcia accepted responsibility for the crimes and apologized before his execution.
Regarding the Garcia 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."
.
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
. Anti-Death Penalty Alternative Spring Break is an annual event started by Texas Moratorium Network in 2004 and now co-organized by Texas Students Against the Death Penalty. It serves as a training ground for students who oppose the death penalty.
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 address problems. 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.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
has been used in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
and its predecessor entities since 1819.
As of 16 November 2011, 1,228 individuals (all but six of whom have been male) have been executed. 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
Gregg v. Georgia
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 , reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon...
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
Texas Department of Criminal Justice
The Texas Department of Criminal Justice is a department of the government of the state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails and private correctional facilities, funding and certain...
(TDCJ) has been in charge of executions in the state. TDCJ houses death row prisoners 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.
Texas has used a variety of execution methods – hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
(until 1924), shooting
Execution by shooting
Execution by shooting is a form of capital punishment whereby an executed person is shot by one or more firearms. It is the most common method of execution worldwide, used in about 70 countries, with execution by firing squad being one particular form...
by firing squad (used only four times during the Civil War period), electrocution
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
(1924–1964) and lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
(1982 to present). Most executions were for murder, but other crimes such as piracy, cattle rustling, treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
and rape have been subject to death sentences. Six sets of brothers have been 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
Aggravated sexual assault
Aggravated Sexual Assault is when one commits an aggravated assault of a sexual nature and who wounds, maims, disfigures or endangers the life of the complainant....
of someone under 14 is eligible for the death penalty (though the recent Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case Kennedy v. Louisiana
Kennedy v. Louisiana
Kennedy v. Louisiana, 554 U.S. 407 was a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishment Clause did not permit a state to punish the crime of rape of a child with the death penalty; more broadly, the power of the state...
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
Mountain View Unit
Mountain View Unit is a Texas Department of Criminal Justice prison housing female offenders in Gatesville, Texas. The unit, with about of land, is located north of central Gatesville on Farm to Market Road 215. The prison is located in a 45 minute driving distance from Waco...
, while all executions occur at Huntsville Unit.
History
Prior to statehood in 1845, eight executions were carried out; all were by hangingHanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
. 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
Nathan Lee
Nathan Lee was an American murderer executed by the state of Texas via hanging.Subsequent to Lee's execution, Texas changed the method of execution to the electric chair and further mandated that all executions would take place at the Texas State Penitentiary at Huntsville...
, a man convicted of murder and executed in McKinney, Texas
McKinney, Texas
McKinney is a city in and the county seat of Collin County, Texas, United States, and the second in population to Plano. According to the U.S. Census Bureau, the city's 2010 population was 131,117 The Census Bureau listed McKinney as the nation's fastest growing city from 2000 to 2003 and again in...
on August 31, 1923. The only other method used at the time was execution by firing squad, which was used for three Confederate
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
deserters during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
as well as a man convicted of attempted rape in 1863.
Texas changed its execution laws in 1923, requiring the executions be carried out on the electric chair
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
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, A black man, 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 other occasions, 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
Joseph Johnson (murderer)
Joseph Johnson, Jr. was an American murderer executed by the state of Texas via the electric chair. He was convicted for murder committed during the course of a robbery....
on July 30, 1964.
The United States Supreme Court decision in Furman v. Georgia
Furman v. Georgia
Furman v. Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was...
, 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
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
on the grounds that it was a cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
in violation of the Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
, 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.
The Furman 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 this new statute was John Devries on February 15, 1974; Devries hanged himself in his cell on July 1, 1974 (using bedsheets from his bunk) before he could be executed.
The Supreme Court decision in Gregg v. Georgia
Gregg v. Georgia
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 , reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon...
in 1976 once again allowed for the death penalty to be imposed (a case from Texas was also involved in the Gregg decision 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.
Charles Brooks, Jr.
Charles Brooks, Jr. was a convicted murderer who was the first person executed by the state of Texas since it resumed capital punishment. Brooks was also the first person in United States to be executed using lethal injection.-Biography:Brooks was raised in a well-off Fort Worth, Texas family and...
. Brooks was also the first person to be judicially executed by lethal injection in the world, and the first African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
to be executed in the United States since 1967.
In the post-Gregg era Texas has executed over four times more inmates than Virginia (the state with the second-highest number of executions in the post-Gregg era) 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 1–2 days after an execution takes place or a stay of execution is granted. TDCJ List of Scheduled Executions
Capital offenses
With one exception, the only crime for which the death penalty can be assessed is "capital murder".Unlike the Model Penal Code
Model Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
(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:
- Murder of an on-duty public safety officerTexas Department of Public SafetyThe Texas Department of Public Safety is a department of the government of the state of Texas. The DPS is responsible for statewide law enforcement and vehicle regulation. The Public Safety Commission oversees the DPS. Its five members are appointed by the Governor of Texas and confirmed by the...
or firefighterFirefighterFirefighters are rescuers extensively trained primarily to put out hazardous fires that threaten civilian populations and property, to rescue people from car incidents, collapsed and burning buildings and other such situations...
(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 burglaryBurglaryBurglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
, robberyRobberyRobbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, aggravated sexual assaultSexual assaultSexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
, arsonArsonArson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
, obstruction or retaliation, or terroristic threat) - Murder for remunerationContract killingContract killing is a form of murder, in which one party hires another party to kill a target individual or group of people. It involves an illegal agreement between two parties in which one party agrees to kill the target in exchange for consideration, monetary, or otherwise. The hiring party may...
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.
- 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". The statute remains part of the Penal Code; however, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
's decision in Kennedy v. Louisiana
Kennedy v. Louisiana
Kennedy v. Louisiana, 554 U.S. 407 was a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishment Clause did not permit a state to punish the crime of rape of a child with the death penalty; more broadly, the power of the state...
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 offenseAiding and abettingCriminal=Aiding and abetting is an additional provision in United States criminal law, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act as an agent of the charged, working together with or...
, - participating in a conspiracyConspiracy (crime)In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
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 or mentally retarded are precluded from being executed by the Constitution of the United States.
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 doubtBeyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
) 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 the exception of voir direVoir dire
Voir dire is a phrase in law which comes from the Anglo-Norman language. In origin it refers to an oath to tell the truth , i.e., to say what is true, what is objectively accurate or subjectively honest, or both....
(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
Death-qualified jury
A death-qualified jury is a jury in a criminal law case in the United States in which the death penalty is a prospective sentence. Such a jury will be composed of jurors who:#Are not categorically opposed to the imposition of capital punishment;...
.
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. SimmonsRoper v. SimmonsRoper v. Simmons, was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5-4 decision overruled the Court's prior ruling upholding such sentences on offenders above or at the...
) - Both the prosecution and defense agree that the person was mentally retarded at the time of the crime and, thus, cannot be sentenced to death (Atkins v. VirginiaAtkins v. VirginiaAtkins v. Virginia, , is a case in which the Supreme Court of the United States ruled 6-3 that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments.-The case:...
) - 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 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
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, with the actual sentence as follows:
- For crimes committed on or after September 1, 2005, the sentence is life imprisonment without the possibility of paroleParoleParole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
- 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 introduce evidence "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 of violence that would constitute a "continuing threat to society". "Society" in this instance includes both 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 second question '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 AppealsTexas Court of Criminal Appeals
The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges....
, the state's highest criminal tribunal (the intermediate Texas Court of Appeals is bypassed), which examines the record for trial error.
Habeas corpus appeals
Beyond the direct appeal stage, any appeals not involving habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
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
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
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
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
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 order either 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 defendant must 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 a Brady claimBrady v. MarylandBrady v. Maryland, 373 U.S. 83 , was a United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United...
, 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.
- Generally a petition raising new factual evidence under the first exception will only be accepted if it is the subject of a Brady claim
- 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 is innocent without a Constitutional violation will not be considered.
- iv) the claim raises evidence showing that the jury in the defendant’s trial would not have answered the two (or three) death penalty questions (see the Punishment Phase section above) in the State’s 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 defendant’s 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 an Atkins claimAtkins v. VirginiaAtkins v. Virginia, , is a case in which the Supreme Court of the United States ruled 6-3 that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments.-The case:...
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.
- 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 defendant’s 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 an Atkins claim
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; however the standard of evidence that the defendant must show is extremely high.
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 JusticeTexas Department of Criminal Justice
The Texas Department of Criminal Justice is a department of the government of the state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails and private correctional facilities, funding and certain...
) for commutation of the sentence.
The Board, after hearing testimony, decides whether or not to recommend commutation to the Governor of Texas
Governor of Texas
The governor of Texas is the head of the executive branch of Texas's government and the commander-in-chief of the state's military forces. The governor has the power to either approve or veto bills passed by the Texas Legislature, and to convene the legislature...
. 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 that pardons were being sold for cash under the administrations of former Governor James E. Ferguson
James E. Ferguson
James Edward "Pa" Ferguson, Jr. , was a Democratic politician from the state of Texas.- Early life :Ferguson was born to the Reverend James Ferguson, Sr., and Fannie Ferguson near Salado in south Bell County, Texas. He entered Salado College at age twelve but was eventually expelled for...
and later his wife and Texas' first female Governor Miriam A. Ferguson
Miriam A. Ferguson
Miriam Amanda Wallace "Ma" Ferguson was the first female Governor of Texas in 1925. She held office until 1927, later winning another term in 1933 and serving until 1935.-Early life:...
). The only unilateral action which the Governor can take is to grant a one-time, 30-day reprieve to the defendant.
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 rowDeath row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
inmates are housed at the Polunsky Unit
Polunsky Unit
Allan B. Polunsky Unit is a prison in West Livingston, unincorporated Polk County, Texas, located approximately southwest of Livingston along Farm to Market Road 350. The Texas Department of Criminal Justice operates the facility. The unit houses the State of Texas death row, and it has a maximum...
in West Livingston
West Livingston, Texas
West Livingston is a census-designated place in western Polk County, Texas, United States, located along the eastern shore of Lake Livingston west of central Livingston. The population was 6,612 at the 2000 census. West Livingston has the Livingston Municipal Airport and the Texas Department of...
; female death row inmates are housed at the Mountain View Unit
Mountain View Unit
Mountain View Unit is a Texas Department of Criminal Justice prison housing female offenders in Gatesville, Texas. The unit, with about of land, is located north of central Gatesville on Farm to Market Road 215. The prison is located in a 45 minute driving distance from Waco...
in Gatesville
Gatesville, Texas
Gatesville is a city in and the county seat of Coryell County in Central Texas, United States of America. The population was 15,591 at the 2000 census...
. 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
Texas Department of Criminal Justice
The Texas Department of Criminal Justice is a department of the government of the state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails and private correctional facilities, funding and certain...
numbers.
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. 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
Huntsville, Texas
Huntsville is a city in and the county seat of Walker County, Texas, United States. The population was 35,508 at the 2010 census. It is the center of the Huntsville micropolitan area....
, and women enter through the Reception Center in Christina Crain Unit
Christina Crain Unit
The Christina Melton Crain Unit is a Texas Department of Criminal Justice prison for females in Gatesville, Texas. The prison is along Texas State Highway 36, north of central Gatesville. The unit, with about of space, is co-located with the Hilltop Unit, the Dr. Lane Murray Unit, and the Linda...
, Gatesville. From there, death row inmates go to their designated death row facilities.
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. 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 its mandate. 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.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.The law only specifies that "[t]he execution shall take place at a location designated by the Texas Department of Corrections in a room arranged for that purpose." 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, he or she is transported directly from his or her death row unit to the Huntsville Unit. Men leave the Polunsky Unit in a three-vehicle convoy bound for the Huntsville Unit; 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.
Upon arrival at the Huntsville Unit, the condemned is led through a back gate, submits to a cavity search
Cavity Search
Cavity Search may refer to:* Body cavity search, a visual search or a manual internal inspection of body cavities for prohibited material , such as illegal drugs, money, or weapons...
, then is placed in a holding cell.
Before 2011, the condemned was given an opportunity to have a last meal
Last meal
The last meal is a customary part of a condemned prisoner's last day. Often, the day of, or before, the appointed time of execution, the prisoner receives a last meal, as well as religious rites, if they desire. In the United States, inmates generally may not ask for an alcoholic drink...
based on what the unit's cafeteria could prepare from its stock. Robert Perkinson, author of Texas Tough: The Rise of America's Prison Empire, said in 2010 that most condemned prisoners order "standard American fare
Cuisine of the United States
American cuisine is a style of food preparation originating from the United States of America. European colonization of the Americas yielded the introduction of a number of ingredients and cooking styles to the latter...
in heaping portions, the sorts of meals that recall a childhood Sunday." Many female prisoners under the death sentence did not take a last meal. However, Lawrence Russel Brewer, a white supremacist gang member convicted for the high-profile hate crime dragging death of James Byrd, Jr.
James Byrd, Jr.
James Byrd, Jr. was an African-American who was murdered by three white men, asserted to be white supremacists, during a racially motivated crime in Jasper, Texas, on June 7, 1998. Shawn Berry, Lawrence Brewer, and John King dragged Byrd behind a pick-up truck along an asphalt road after they...
, ordered a large last meal and did not eat it before his execution. In response, John Whitmire
John Whitmire
John Harris Whitmire is the longest-serving of current members of the Texas State Senate representing District 15, which includes much of northern Houston, since 1983. Previously he was a member of the Texas House of Representatives from 1973 through 1982...
, 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 them anymore. 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. 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. Many prisoners requested cigarette
Cigarette
A cigarette is a small roll of finely cut tobacco leaves wrapped in a cylinder of thin paper for smoking. The cigarette is ignited at one end and allowed to smoulder; its smoke is inhaled from the other end, which is held in or to the mouth and in some cases a cigarette holder may be used as well...
s (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
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
sufficient to cause death and until such convict is dead". 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
Sodium thiopental
Sodium thiopental, better known as Sodium Pentothal , thiopental, thiopentone sodium, or Trapanal , is a rapid-onset short-acting barbiturate general anaesthetic...
(a lethal dose which sedates the offender), pancuronium bromide (a muscle relaxant which collapses the diaphragm and lungs), and potassium chloride
Potassium chloride
The chemical compound potassium chloride is a metal halide salt composed of potassium and chlorine. In its pure state, it is odorless and has a white or colorless vitreous crystal appearance, with a crystal structure that cleaves easily in three directions. Potassium chloride crystals are...
(which stops the heartbeat). The offender is usually pronounced dead approximately seven minutes after start of the injection process; the cost for the three substances is $86.08 per offender. As a result of drug shortages, sodium thiopental was replaced by pentobarbital
Pentobarbital
Pentobarbital is a short-acting barbiturate that was first synthesized in 1928. Pentobarbital is available as both a free acid and a sodium salt, the former of which is only slightly soluble in water and ethanol....
in 2011. Further shortages of this drug have pushed the cost of the drugs to approximately $1300 per offender.
The only persons legally allowed to be present (none of whom can be convicts) at the execution are:
- 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 victim witnesses (six for multiple victims). Initially the witnesses were limited to immediate family and individuals with a close relationship to the victim, but the board rule was modified in 1998 to allow close friends of surviving witnesses, and further modified in May 2008 to allow the victim witnesses to be accompanied by a spiritual advisor who is a bona fide pastor or comparable official of the victim's religion.
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. Under current TDCJ guidelines, a representative of both the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
and the Huntsville Item (the local newspaper) are guaranteed slots to witness an execution (Michael Graczyk
Michael Graczyk
Michael Graczyk is an American journalist based in the Houston bureau of the Associated Press.Graczyk reports on a wide range of topics. However, he is most notable as the AP's designated representative to witness executions in Texas...
from the AP's Houston office is a frequent attender, having attended over 300 executions). 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 area in which the capital crime took place. College and university media are not permitted to be witnesses.
Upon the offender's death the body shall be immediately embalmed, and shall be disposed of as follows:
- A relative or bona fide friend of the offender may demand or request the body within 48 hours after death, upon payment of a fee not to exceed US$25 for the mortician's services in embalming the deceased; once TDCJ receives the receipt the body shall be released to the requestor or his/her authorized agent.
- If no relative or bona fide friend requests the body, the Anatomical Board of the State of Texas may 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 the indictment resulting in the conviction occurred.
Reasons for the high number of executions
There are a variety of proposed legalLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and cultural
Culture
Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...
explanations as to why Texas has more executions than any other state.
- One major reason is due to population size – Texas has the second-largest population of any state, trailing only California. However, while California's death row is larger than Texas'; since 1976 (when Gregg v. GeorgiaGregg v. GeorgiaGregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 , reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon...
once again permitted the imposition of the death penalty) Texas has executed over 450 inmates, while California has executed only 13 and none since January 17, 2006Capital punishment in CaliforniaCapital punishment is a legal form of punishment in the U.S. state of California. The first recorded execution in the area that is now California took place on April 11, 1878 when four Native Americans were shot in San Diego County for conspiracy to commit murder. These were the first of 709...
. - 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 PartyRepublican Party (United States)The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, including the nine judges of the Texas Court of Criminal AppealsTexas Court of Criminal AppealsThe Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges....
(by law, the judges of this court – which on direct appeal reviews all death penalty cases – are elected, not appointed as in other states). A 2002 Houston ChronicleHouston ChronicleThe Houston Chronicle is the largest daily newspaper in Texas, USA, headquartered in the Houston Chronicle Building in Downtown Houston. , it is the ninth-largest newspaper by circulation in the United States...
poll of Texans found that when asked "Do you support the death penalty?" 69.1% responded that they did, 21.9% did not support and 9.1% were not sure or gave no answer. - 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 CircuitUnited States Court of Appeals for the Fifth CircuitThe United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
. Michael Sharlot, deanDean (education)In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of the University of Texas at AustinUniversity of Texas at AustinThe University of Texas at Austin is a state research university located in Austin, Texas, USA, and is the flagship institution of the The University of Texas System. Founded in 1883, its campus is located approximately from the Texas State Capitol in Austin...
Law School, found the Fifth Circuit to be a "much more conservative circuit" than the neighboring NinthUnited States Court of Appeals for the Ninth CircuitThe United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. 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.
Texas may have a much lower rate of death sentencing than other states, according to a study by Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...
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).
Alleged execution of innocent persons
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 in The New YorkerThe New Yorker
The New Yorker is an American magazine of reportage, commentary, criticism, essays, fiction, satire, cartoons and poetry published by Condé Nast...
, 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”.
Governor
Governor of Texas
The governor of Texas is the head of the executive branch of Texas's government and the commander-in-chief of the state's military forces. The governor has the power to either approve or veto bills passed by the Texas Legislature, and to convene the legislature...
Rick Perry
Rick Perry
James Richard "Rick" Perry is the 47th and current Governor of Texas. A Republican, Perry was elected Lieutenant Governor of Texas in 1998 and assumed the governorship in December 2000 when then-governor George W. Bush resigned to become President of the United States. Perry was elected to full...
has expressed skepticism of Beyler's findings. He stated that court records showed evidence of Willingham’s guilt in charges that he intentionally killed his daughters in the fire. Perry is quoted in the report as stating of Willingham, "I’m 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."
On July 23, 2010, the Texas Forensic Science Commission
Texas Forensic Science Commission
The Texas Forensic Science Commission is a state agency of Texas, headquartered on the grounds of the College of Criminal Justice of Sam Houston State University in Huntsville...
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.
Execution of Mexican nationals
Two Mexican nationals have been recently executed in Texas – José Medellín in 2008, and Humberto Leal Garcia in 2011. 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 JusticeInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
concluded that the U.S. had violated the rights of 51 Mexican nationals, including Medellin and Garcia, under the terms of a treaty
Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries...
the U.S. had signed. In response to the ruling, the Bush administration issued an instruction that states comply, but the U.S. Supreme Court ruled that he had exceeded his authority. The Supreme Court also ruled in Medellin v. Texas
Medellín v. Texas
Medellín v. Texas, 552 U.S. 491 is a United States Supreme Court decision which held that while an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing";...
that the treaty was not binding on states until Congress enacted statutes to implement it, and in Leal Garcia v. Texas
Leal Garcia v. Texas
Leal Garcia v. Texas, No. 11-5001 , was a ruling in which the Supreme Court of the United States denied Humberto Leal García's application for stay of execution and application for writ of habeas corpus. Leal was subsequently executed by lethal injection...
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
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
asked the United States to place a stay on the executions, but Texas officials stated that they were not bound by international law.
Garcia supporters complained about the use of bite mark analysis and luminol in determining his guilt. However, Garcia accepted responsibility for the crimes and apologized before his execution.
Regarding the Garcia 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."
Opposition
The Texas Coalition to Abolish the Death Penalty, 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 PenaltyNational Coalition to Abolish the Death Penalty
The National Coalition to Abolish the Death Penalty is a large organization dedicated to the abolition of the death penalty in the United States...
.
Texas Moratorium Network
Texas Moratorium Network is a grassroots non-profit organization with the primary goal of mobilizing statewide support for a moratorium on executions in Texas...
, the Austin chapter of the Campaign to End the Death Penalty, the Texas Death Penalty Abolition Movement and Texas Students Against the Death Penalty
Texas Students Against the Death Penalty
Texas Students Against the Death Penalty is the first student-run anti-death penalty organization in Texas that works to end the death penalty in Texas through campaigns of public education and the promotion of youth activism.- History :...
. Anti-Death Penalty Alternative Spring Break is an annual event started by Texas Moratorium Network in 2004 and now co-organized by Texas Students Against the Death Penalty. It serves as a training ground for students who oppose the death penalty.
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 address problems. 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 GraczykMichael GraczykMichael Graczyk is an American journalist based in the Houston bureau of the Associated Press.Graczyk reports on a wide range of topics. However, he is most notable as the AP's designated representative to witness executions in Texas...
, Houston-based reporter for the Associated PressAssociated PressThe Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, 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, 1923-1990The Rope, the Chair, and the Needle: Capital Punishment in Texas, 1923-1990The Rope, the Chair, and the Needle: Capital Punishment in Texas, 1923–1990 is a 1993 book by James W. Marquart, Sheldon Ekland-Olson, and Jonathan R. Sorensen that examines capital punishment in Texas....
- Crime in TexasCrime in TexasCrime in Texas refers to the statistics and history of crime in the American state of Texas-Statistics:In 2008 there were 1,092,134 crimes reported in Texas including 1,374 murders and 874 rapes -History:...
External links
- Narratives of family members and friends of people who have died in acts of violence, ex-cons, lawyers, educators and activists from the Texas After Violence Project
- Death Row Information, by the Texas Department of Criminal JusticeTexas Department of Criminal JusticeThe Texas Department of Criminal Justice is a department of the government of the state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails and private correctional facilities, funding and certain...
- Texas Death Penalty Blog, by The Dallas Morning NewsThe Dallas Morning NewsThe Dallas Morning News is the major daily newspaper serving the Dallas, Texas area, with a circulation of 264,459 subscribers, the Audit Bureau of Circulations reported in September 2010...
- "Inside the Texas Death Chamber", photo gallery accompanied by audio track, The Associated PressAssociated PressThe Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
- Texas execution chamber today Texas in 1982
