The year 2002 was a banner year for Texas and the death penalty.  

There were 33 executions in Texas, almost 50% of all the executions in the United States.  This included three juvenile offenders, all of whom were black.  Of the 21 juvenile offenders executed in the United States since the death penalty was reinstated in the mid-1970s, 13 have been in Texas alone.  

 Certain district attorneys and politicians are proud of this record. However, none of these people have made the case that these executions are good for Texas.  They can't, because the death penalty is bad for Texas.

 Despite the high number of executions over the past five years, Texas experienced an increase in its homicide rate in 2001.  This is not surpising, however, since most criminal justice experts agree that murder rates depend on such factors as demographics, economics, the drug trade and community policing, but not the death penalty.

 Texas will crank up its execution machinery with a bang starting in January of 2003.  Seven executions are planned that month alone and five more are scheduled in February.  We may hit 300 executions in late February or early March.   Another opportunity for the pro-death penalty folks to celebrate.

 If recent reports by the Texas Defender Service are correct, and I believe they are,  many of the people scheduled for execution in 2003 should not be on death row.  Many experienced inadequate legal defense because they were poor.  Some experienced racism.  Some are mentally disabled.  And some may be innocent.  The claim by prosecutors that each defendant has had his case thoroughly reviewed in the courts is simply not accurate when one considers the poor legal representation that many defendants have received. Changes in the laws in the mid 1990s have made it more difficult to bring up constitutional issues during the appeals process. Furthermore, we should not forget that the Texas Court of Criminal Appeals has a record of declaring many serious errors in the trial court (e.g. sleeping lawyers, racism during sentencing) as "harmless errors".     

 Texas has an opportunity to remedy many of the deficiencies in its death penalty process during the next legislative session which starts in January of 2003.  However, this may not happen considering the makeup of the legislature after the last election and Governor Perry's propensity to side with the pro-death penalty crowd.  It is a well-known fact that many conservative legislators and district attorneys will resist improvements to the system and may even try to expand the death penalty. In fact, there will probably be an effort to water down and make ineffective the latest U.S. Supreme Court ruling which bars the execution of people with mental retardation.   

 If conservative legislators and district attorneys resist meaningful improvements in the criminal justice system, that will be bad for Texas in a number of ways. 

First, people who should not be on death row will end up there.  Secondly, the system will continue to discriminate againsts the poor, minorities and people with mental disabilities.  Thirdly, some innocent people may be executed.  Fourthly, money that could be used for effective crime prevention methods will continue to be wasted on the death penalty. Finally, Texas' reputation as the "Death Penalty Capital of the Western World"  will continue to grow throughout the world.  Wouldn't we prefer that our worldwide reputation be based on something other than the death penalty?  How about excellence in health care, education and business opportunities?

 All things considered, it would be best for Texas to get rid of the death penalty altogether.  Twelve states do not have the death penalty and seem to be doing fine.  In fact, Michigan has not had the death penalty in over 150 years. Other states that have the death penalty on the books rarely use it. The truth is that the death penalty is not needed for societal protection. Long-term incarceration can fulfill that need.  We can be "tough on crime" without killing people.  And the families of murder victims will be better off because they can get on with their lives rather than waiting for an execution that does not give them the closure that they desire. 

David Atwood

1902 Kipling St.

Houston, TX 77098

713-529-3826

David Atwood is a member of the Texas Coalition to Abolish the Death Penalty