Editorial, Dallas Morning News

Death Penalty--It's time for Texas lawmakers to enact reforms

Imagine being arrested and being too poor to hire a lawyer. Imagine being held in jail for weeks waiting for a lawyer to be appointed so you can protest the charges. Imagine the court-appointed lawyer who finally is assigned not having enough time or energy or simple knowledge to help you. Imagine being sentenced to death. Unfortunately, too many people do not need to imagine this scenario. This has been reality in Texas, where justice is often poorly served and where compassion does not extend to the mentally retarded or youths. The 77th state legislative session has tried to address some of the horrible shortcomings of the Texas justice system. Unless legislators act quickly, their efforts will have been empty protestations; the session ends May 28. o Imposing a moratorium on executions and assessing the system. Given the admitted flaws in the justice process, it would be wise for the state to stop executions while the system is assessed. Legislators have ducked this call. They do not even seem to be willing to pass legislation allowing a referendum on whether to temporarily halt executions. They should be brave enough, however, at least to allow the system to be thoroughly and formally reviewed. The Senate Criminal Justice Committee approved a bill proposed by Sen. Eliot Shapleigh, D-El Paso, that establishes a short-term expert commission to study Texas capital punishment. Shamefully, most lawmakers have not supported this bill.o Improving indigent defense. Perhaps the most important piece of legislation being considered is Houston Sen. Rodney Ellis' Indigent Defense Act (Senate Bill 7), which requires the timely appointment of lawyers for indigent defendants and sets statewide standards for court-appointed attorneys. Requiring good lawyers for the indigent is imperative if Texas is to continue to impose the death penalty. This bill goes a long way toward helping ensure that. The bill has passed the Senate and a House committee, but it is waiting to be scheduled for a vote by the full House. It deserves to be law. o Allowing some compassion in the system. Some states prohibit the execution of people for crimes committed in their youth. Not Texas. Since 1991, Texas has executed 7 people who were under age 18 when they committed capital offenses. Although youths need to be held accountable for their actions, the justice system should not take their lives. Most Texas laws set the age of adulthood at 18 - this should also apply to eligibility for capital punishment. A bill by Rep. Lon Burnam, D-Fort Worth, makes this change. A separate bill by Rep. Sylvester Turner, D-Houston, would permit a death sentence for a crime committed by a youth only if the youth was deemed sufficiently mature to understand the consequences of his action. This bill risks opening up the death penalty to those even younger and clouds the legal proceedings, given that the trial usually occurs long after the crime. Although the House Criminal Jurisprudence Committee passed these bills, it would take fancy parliamentary maneuvering at this late date to prohibit capital punishment for juvenile offenses. That Texas takes the lives of the mentally retarded is criminal. Yes, some of the mentally retarded have committed terrible crimes. They even may have some sense of right and wrong. However, some mentally retarded people lack the ability to act rationally on that knowledge. The public should be protected, but, in a society with any sense of decency, the retarded should not be put to death. The House and the Senate Criminal Justice Committee have passed legislation by Rep. Juan Hinojosa, D-McAllen, to allow mental retardation to be a defined mitigating circumstance to bar the use of the death penalty (House Bill 236). It now needs the support of the full Senate and Gov. Rick Perry. o Allow life without parole. The only alternative to the death penalty for capital crimes in Texas is a life sentence, which means 40 years before parole can be considered. Sometimes, parole should never be considered but a death sentence is not appropriate. Legislation by Sen. Eddie Lucio Jr., D-Brownsville, adds a life-without-parole option. The Senate and House committees have approved the bill (Senate Bill 85). The full House is scheduled to hear the bill Monday. It needs to be passed and signed by the governor. Earlier in the session, the Legislature responded to Gov. Perry's good request to expedite criminal DNA testing. Now that is law. It is time for the governor to indicate his support on some of these other issues. Texans want and deserve a firm but fair justice system.