[Deathpenalty]death penalty news --- TEXAS

[Joerg Sommer]

death penalty news

November 19, 2004


TEXAS:

Supreme Court right about Texas death penalty

Gov. Rick Perry should call a moratorium on the death penalty. It needs a 
lot of work.

The U.S. Supreme Court this week criticized the Texas judicial system for 
failing to ensure that a citizen was given a fair trial. That's a serious 
judgment in a capital case.

But there's little evidence state leaders are taking the constructive 
criticism seriously. This is the third blistering critique from the 
nation's highest court in the past year.

The Texas judicial system handled 37 percent of the death sentences in this 
country last year. And it's not very good at it.

The Supreme Court has complained repeatedly that the state doesn't have a 
coherent policy about executing people who were under 18 when they 
committed their crimes.

It's complained that it doesn't take into account mental retardation in 
assessing punishment.

The Supreme Court has asked pointed questions about whether the state 
allows racial bias to play a role in deciding who gets sentenced to death.

And, of course, Texas has had notorious problems with some of its crime 
labs. You have to wonder about the evidence that came from those labs.

Far too often in Texas, the question of who lives or dies has more to do 
with money than with justice. Those who can afford to pay for a spectacular 
defense that stupefies jurors often get what they pay for. Poor defendants 
who can't afford a decent defense often get what they pay for.

Many people face life and death situations every day. Soldiers train with 
live ammunition. Surgeons hold hearts in their hands.

But these people are very, very serious. And they work under a system that 
is as good as it can be.

You can't say that about the way the Texas judicial system handles capital 
cases. No one's been able to say that for a long time.

(source: (Galveston) Daily News)