Posted: January 8th, 2024

Legislative Issues in Texas: The Death Penalty

Legislative Issues in Texas: The Death Penalty

The death penalty, also known as capital punishment, is one of the most controversial and debated topics in the United States. Texas is the state that executes the most people in the country, having carried out 571 executions since 1976, according to the Death Penalty Information Center (DPIC) . However, the use of the death penalty in Texas has also faced many challenges and criticisms, both from within and outside the state. In this blog post, we will examine some of the legislative issues that surround the death penalty in Texas, such as its constitutionality, its effectiveness, its fairness, and its alternatives.

Constitutionality

One of the main arguments in favor of the death penalty is that it is constitutional and authorized by the law. The U.S. Constitution does not explicitly prohibit the death penalty, and the Supreme Court has upheld its legality in several cases, such as Gregg v. Georgia (1976) and McCleskey v. Kemp (1987) . Moreover, the Texas Constitution also allows for the death penalty, and the Texas Code of Criminal Procedure specifies the crimes that are eligible for capital punishment, such as murder, treason, terrorism, and espionage .

However, the constitutionality of the death penalty is not absolute and has been challenged on various grounds. For instance, some opponents of the death penalty argue that it violates the Eighth Amendment’s prohibition of cruel and unusual punishments, especially when it involves methods that cause pain and suffering, such as lethal injection . Additionally, some critics claim that the death penalty violates the Fourteenth Amendment’s guarantee of equal protection and due process, as it is applied arbitrarily and discriminatorily based on factors such as race, gender, class, and geography .

Effectiveness

Another common argument in support of the death penalty is that it is effective in deterring crime and ensuring justice. Proponents of the death penalty assert that it has a deterrent effect on potential offenders, as they would fear losing their own lives if they commit heinous crimes . Furthermore, advocates of the death penalty contend that it serves as a retributive measure that balances the scales of justice and gives closure to the victims’ families .

However, the effectiveness of the death penalty is also questionable and disputed by many studies and experts. For example, some researchers have found no conclusive evidence that the death penalty has a significant deterrent effect on crime rates, compared to other factors such as economic conditions, policing strategies, and social norms . Moreover, some scholars have argued that the death penalty does not provide true justice or closure to the victims’ families, but rather prolongs their suffering and trauma by involving them in a lengthy and costly legal process .

Fairness

A third major argument in favor of the death penalty is that it is fair and impartial in its administration and application. Supporters of the death penalty claim that it follows strict rules and procedures that ensure due process and safeguard the rights of the accused . Additionally, proponents of the death penalty maintain that it is applied only to the most serious and deserving offenders who have committed atrocious crimes that warrant the ultimate punishment .

However, the fairness of the death penalty is also doubtful and contested by many cases and reports. For instance, some evidence has shown that the death penalty is prone to errors and mistakes that can result in wrongful convictions and executions of innocent people . Furthermore, some data has revealed that the death penalty is influenced by biases and prejudices that can affect its outcomes based on race, gender, class, geography etc. .

Alternatives

A final argument in favor of the death penalty is that it is necessary and inevitable in some situations where there are no other viable alternatives. Defenders of the death penalty argue that it is needed to protect society from dangerous criminals who pose a threat to public safety and order . Moreover, supporters of the death penalty insist that it is unavoidable in some cases where there are no other options to punish or rehabilitate offenders who have committed irreparable harm .

However, alternatives to
the death penalty are also available and feasible in many scenarios. For example,
some options include life imprisonment without parole (LWOP), which can
incapacitate offenders without killing them; restorative justice programs,
which can foster dialogue and reconciliation between offenders and victims;
and abolition or moratoriums on executions,
which can reduce costs and save lives .

Conclusion

The death penalty is a complex
and controversial issue that involves many legislative aspects. In this blog
post, we have discussed some of the main arguments for and against
the death penalty in Texas,
such as its constitutionality,
its effectiveness,
its fairness,
and its alternatives.
While there are valid points on both sides of the debate,
we believe that the death penalty is ultimately an unjust, ineffective, and unnecessary
form of punishment that should be abolished or suspended in Texas and in the rest of the country.

References

: Death Penalty Information Center. (2022). Executions by State and Year. Retrieved from https://deathpenaltyinfo.org/executions/executions-overview/executions-by-state-and-year

: Cornell Law School. (n.d.). Capital Punishment. Retrieved from https://www.law.cornell.edu/wex/capital_punishment

: Texas Constitution and Statutes. (n.d.). Code of Criminal Procedure. Retrieved from https://statutes.capitol.texas.gov/Docs/CR/htm/CR.37.htm

: Baze v. Rees, 553 U.S. 35 (2008).

: Baldus, D. C., Woodworth, G., & Pulaski, C. A. (1990). Equal Justice and the Death Penalty: A Legal and Empirical Analysis. Boston: Northeastern University Press.

: Ehrlich, I. (1975). The Deterrent Effect of Capital Punishment: A Question of Life and Death. The American Economic Review, 65(3), 397-417.

: Radelet, M. L., & Borg, M. J. (2000). The Changing Nature of Death Penalty Debates. Annual Review of Sociology, 26, 43-61.

: Nagin, D. S., & Pepper, J. V. (Eds.). (2012). Deterrence and the Death Penalty. Washington, DC: The National Academies Press.

: Bandes, S. A., & Blume, J. H. (2012). Victims, Closure, and the Sociology of Emotion. Law and Social Inquiry, 37(1), 157-173.

: Steiker, C. S., & Steiker, J. M. (2016). Courting Death: The Supreme Court and Capital Punishment. Cambridge, MA: Harvard University Press.

: Van den Haag, E. (1986). The Ultimate Punishment: A Defense. Harvard Law Review, 99(6), 1662-1669.

: Gross, S. R., O’Brien, B., Hu, C., & Kennedy, E. H. (2014). Rate of False Conviction of Criminal Defendants Who Are Sentenced to Death. Proceedings of the National Academy of Sciences, 111(20), 7230-7235.

: Unnever, J. D., & Cullen, F. T. (2007). The Racial Divide in Support for the Death Penalty: Does White Racism Matter? Social Forces, 85(3), 1281-1301.

: Sunstein, C. R., & Vermeule, A. (2005). Is Capital Punishment Morally Required? Acts, Omissions, and Life-Life Tradeoffs. Stanford Law Review, 58(3), 703-750.

: Kant, I. (1996). The Metaphysics of Morals (M.J.Gregor Trans.). Cambridge: Cambridge University Press.

: Radelet, M.L., & Lacock T.L.(2009). Recent Developments in the Death Penalty Debate: Do Abolitionists Have Reason for Optimism? In J.R.Acker et al.(Eds.), America’s Experiment with Capital Punishment: Reflections on the Past Present and Future of the Ultimate Sanction(pp.
637-662). Durham NC: Carolina Academic Press.