TEXAS WILL TRULY BECOME A CIVILIZED STATE WHEN IT STOPS EXECUTING FOREIGN NATIONALS, AS WELL AS ITS OWN CITIZENS

The execution of Javiar Medina, a citizen of Mexico, on August 14 shows that Texas cares little for international law.  Texas authorities did not advise Medina of his right to contact his consulate when he was arrested, thus depriving him of the expert legal counsel that his government could provide.  This is in violation of of Article 36 of the Vienna Convention, which the United States has signed.  This violation will have international repercussions.  Already, Mexican President Vincente Fox has cancelled his trip to Texas and his meeting with President Bush that were scheduled later this month. 

 This is not the first time, nor I suspect the last time, that Texas will ignore international law.  Texas has already executed a number of foreign nationals whose rights under the Vienna Convention were violated.   The state has also executed juvenile offenders (offenders who committed their crime before the age of 18) in violation on international law.   

 Texas should stop executing foreign nationals if it wants to be seen as a civilized state.  But it should go further.  It should also stop executing its own citizens.  It should rise above an eye-for-an-eye mentality and demonstrate that killing is not the answer to killing.

 This is not an easy thing to accomplish for people who have lost a loved one to murder.  It is not easy for someone who believes that justice means "getting even" or "settling the score".  It is certainly not easy for politicians who believe that they must support the death penalty to get elected.  But no one said that becoming a civilized state is easy.   It takes time.  It takes maturity.  It takes wisdom.

 It might be a different story if the death penalty was shown to be necessary for societal protection.  However, in this day and age, society can be protected by long-term incarceration of dangerous criminals.  Furthermore, all credible studies have shown that capital punishment has no deterrent effect.  In fact, a survey of the nation's police chiefs indicated that they believe that capital punishment is the least effective measure to combat violent crime. 

 There are many "upsides" to seeking justice by means other than capital punishment.  Several studies have shown that life in prison is less expensive than the death penalty.   This is because of the huge legal costs involved with capital cases.  

 Secondly, the victim's family knows the outcome of the case early on.  They do not have to wait years for someone to be executed and then find out that they did not get the "closure" they had been promised by prosecutors and victims rights groups.  

 Thirdly,  by not responding to killing with more killing, the state is setting a moral tone that is positive for all members of society.  That is, killing is not justified under any circumstances.   Life is truly sacred. 

 In the 2003 Legislative Session, Texas legislators will have a number of opportunities to improve the criminal justice system of this state.  By courageously outlawing capital punishment,  the legislators will move Texas down the road towards becoming a truly civilized state.

 Please check out the following websites to learn more about the the death penalty:  www.texasdefender.org,  www.tcadp.org, www.texasmoratorium.org,  and www.deathpenaltyinfo.org . 

 David Atwood

Texas Coalition to Abolish the Death Penalty

3400 Montrose Blvd. , Suite 312

Houston, TX 77006