Capital Punishment GOVT 2306, Module 10

Capital Murder in Texas Murdering a peace officer or firefighter, who is acting in the lawful discharge of an official duty and who the person knows is a police officer or firefighter; Intentionally committing a murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, or arson; Committing a murder for pay or promise to pay or employing another person to commit murder; Committing a murder while escaping or attempting to escape from a penal institution; Murdering a prison employee while incarcerated; Committing a gang-related murder while incarcerated; Committing a murder to obstruct justice or in retaliation against a witness in a criminal case; Committing serial or mass murder; and Murdering a child under the age of six.

Is This Capital Murder? Lupe is upset because he was fired. He returns to work with a gun and kills his supervisor. Frankie loves fires. He set an old warehouse on fire and a firefighter is killed fighting the blaze. Jordan and his friend Buzz decide to rob a convenience store, but the clerk pulls a gun and starts shooting, accidentally killing a customer. No. Yes Yes

When Lucille sees her husband coming out of a store with his mistress, she runs him over with her car and circles the parking lot to run over him a couple of more times. Randy flees when police try to arrest him. During the chase, Randy’s truck collides with another vehicle and a passenger in that vehicle is killed. No Yes

Sentences for Capital Murder The punishment for capital murder is either life imprisonment without possibility of parole or the death penalty.

Otherwise, the sentence is life without parole. Questions for the Jury Was the conduct of the defendant that caused the death of the victim committed deliberately and with the reasonable expectation that the victim's death would ensue? Is it probable that the defendant would commit additional criminal acts of violence that would constitute a continuing threat to society? Is there anything in the circumstances of the offense and the defendant's character and background that would warrant a sentence of life imprisonment rather than a death sentence? The sentence is death if the jury or judge answers yes, yes, and no. Otherwise, the sentence is life without parole.

World Capital Punishment Map Most other democracies have abolished capital punishment.

Capital Punishment USA Maryland has now repealed its death penalty statute.

Executions by State Which state leads? Texas, by a big margin. The South In which region is the death penalty used more frequently?

Death Penalty by Region

Executions by County Who is # 1? Harris County Many district attorneys never or seldom seek the death penalty because it is much more expensive than other cases.

How do you interpret these data?

Cruel and Unusual Punishment The Supreme Court has prohibited the use of the death penalty against the following: Severely retarded Criminals other than murderers Juveniles

Declining Executions 35 executions in 2014

Texas Executions Texas executed 10 inmates in 2014 and 13 in 2015. Year Executions 2013 16 2012 15 2011 13 2010 17 2009 22 2008 18 2007 26 2006 24 Texas executed 10 inmates in 2014 and 13 in 2015.

Possible Explanations Criminologists offer explanations: DNA exonerations make juries cautious In Texas, life without parole is suitable option for many jurors

Lethal Injection Drug Shortage Executions in several states have been blocked or delayed because of a shortage of the drugs used in lethal injection.

Texas Death Row Texas death row houses 252 inmates awaiting execution, down more than 40 percent in the last ten years. More than 70 percent are members of racial and ethnic minority groups.

What You Have Learned What murders are considered capital murder in Texas? How does Texas compare with other states in terms of executions carried out? What is the trend in carrying out executions? How do criminologists explain changes in the execution rate?