The execution capital of the country

I think it’s safe to say the culture of life is not exactly thriving in the state of Texas.

This year’s death penalty bombshells — a de facto national moratorium, a state abolition and the smallest number of executions in more than a decade — have masked what may be the most significant and lasting development. For the first time in the modern history of the death penalty, more than 60 percent of all American executions took place in Texas.

Over the past three decades, the proportion of executions nationwide performed in Texas has held relatively steady, averaging 37 percent. Only once before, in 1986, has the state accounted for even a slight majority of the executions, and that was in a year with 18 executions nationwide.

As it turns out, it’s not that Texas has experienced a sudden boost in blood thirst; it’s that most of the country has stemmed the execution tide. There were 42 executions over the last year, from a total of 10 states. Nine states carried about a combined total of 16 death sentences, while Texas executed 26 people. No other state killed more than three.

University of Houston law professor David Dow, who has represented death-row inmates, told the NYT we will likely reach a point in which practically all executions in the United States will take place in Texas.

“The reason that Texas will end up monopolizing executions,” he said, “is because every other state will eliminate it de jure, as New Jersey did, or de facto, as other states have.”

Perhaps it’s time for Texas to stop taking the lead in the wrong direction?

Yglesias added:

I’d known that in the modern period just five states — Texas, Virginia, Oklahoma, Florida, and Missouri — were responsible for some huge proportion of total executions … and that, in general, the death penalty is obviously being applied very differently from place to place. But Adam Liptak points out that in 2007, Texas alone accounted for 60 percent of total executions in the United States.

I used to be a death penalty proponent. And I still think, in principle, that it’s not always wrong to execute people. But at the systems level, actually existing capital punishment in the United States is clearly a mess. Your odds of dying for your crime have much, much, much more to do with where you committed your crime and your socioeconomic status than anything about the nature of your crime. In theory, I think you could have a fair system that involved some number of executions. In practice, though, it barely seems doable and Harry Blackmun’s conclusion that he had to simply refuse to “tinker with the machinery of death” seems more and more sensible to me as time goes on.

As for Texas, the state’s approach seems to be in desperate need of reform.

The rate at which Texas sentences people to death is not especially high given its murder rate. But once a death sentence is imposed there, said Richard C. Dieter, the executive director of the Death Penalty Information Center, prosecutors, state and federal courts, the pardon board and the governor are united in moving the process along. “There’s almost an aggressiveness about carrying out executions,” said Mr. Dieter, whose organization opposes capital punishment.

I’ve heard the phrase, “Don’t mess with Texas,” but it’s clearly time to mess with the state’s system of executions.

Well obviously there are a lot of executions in Texas, although most are not done by the state.

  • Perhaps it’s time for Texas to stop taking the lead in the wrong direction?

    It’s time for Texas to take a hike, and for the United States to have a 49-star flag. Let the crooks, thieves, liars, murders, back-alley assassins and general scum who have run that place since they stole it be seen by the rest of the world for the overblown Armadillo shit they are.

    Said as someone born there.

  • The system is a mess – changing it is going to require a major paradigm shift and I don’t know what it will take to precipitate such a change in public opinion. We’re so damn stubborn (in TX), if you try to shame us into something I’m sure we’ll just dig in our heels for another few decades.
    Perhaps death penalty opponents could look at how other big shifts in public opinion have come about. I’d be interested in hearing ideas.

    PS “Don’t mess with Texas” refers to an anti-littering campaign.

  • I agree, Tom. However, absent that delightful idea of giving Texas back to Mexico (we’d probably have to sweeten the pot a bit, but I’d be willing to give away a few states to the east of it), I’d be satisfied with California seceding. Maybe Oregon would want to come along if we treat them nice and promise to utilize some of their common-sense ideas that haven’t yet taken hold in Cal (like mail-in voting).

  • If, as many argue, the death penalty is a deterrent, then crime and definitely murder should be down in Texas. But I am certain that the numbers tell a different story and that the crime rate in Texas has gone up!

  • As comedian Ron White said, ” While y’all are arguing about the death penalty, my state put in an express lane”
    My views are pretty much in line with Yglesias. I’m not opposed to the philosophy of capital punishment as much as I am to it’s implementations. In addition to the obvious disparities in who does and does not get it, there’s the nagging fact of ambitious prosecutors seeking it to pad their political resumes for runs at future offices. At that point, it becomes impossible to see it as anything other than state sponsored, premeditated homicide.

  • Some of ya’ll seem to forget that Texas was once a very progressive state with foibles. Good luck with wishing away Texas’ death penalty

  • I’m with Tom at #2. We know that secession doesn’t fly as a Constitutional doctrine; how ’bout we give expulsion a try?

    They’re un-American anyway, in the best sense of that word, and on their own they’d devolve into a southern-fried Saudi Arabia in a decade, tops. Talk about addition by subtraction… just getting rid of Bush, Cheney, DeLay, Cornhole, and Gov. Goodhair would raise the collective IQ of the entire body politic by a non-negligible margin.

  • Ann Richardson. Remember Ann. There have to be more like her in Texas. At least extricate them before you eliminate the state.

  • It’s funny.

    This could end up being the one tangible achievement of the Bush administration. The main argument against the death penalty is that the justice department failing to abide by its own rules can put an innocent man behind bars, and if the crime is serious enough, onto death row.

    Most of the country is now well aware that torture has been used on innocent people at the federal level and I think public trust in prosecutors’ willingness and/or ability to do their jobs is at an all time low.

    That being the case, it’s almost not surprising that support for the death penalty seems to be falling – and equally unsurprising that Texas is the exception.

  • giving texas back to mexico probably goes a long way toward solving the immigration problem too — instead of it being the staging area that it currently is, it could become a NAFTA Gitmo in which we retain control over the “Green Zone” of Austin.

  • Living in Texas for ten years, I have a couple of things to add.

    First, this was the wild west and that mentality is really hard to change. It’s not just with the death penalty, it’s everything. No matter what anyone does, the answer is locking them up. take a look at any criminal article in the Houston Chronicle. At the end is a blog like area for comments, it’s a little disturbing.

    Second, I have lived in at least 6 states and Texas has some of the most disturbing crimes ever committed. I’m not pro death penalty, but damn, sometimes I pick up the paper and just wonder where these people get these ideas. here it’s not enough to just commit the crime, they go well beyond to cause suffering. I don’t want to give examples, but think of the last really jacked up violent crime you can think of and I bet in happened here. We are to violent crime as Florida is to weird crime.

    And last, more illegal drugs roll through here then any other city and Texas is notorious for having ultra-tough drug laws. Violence associated with drug trafficking will get you on death row very quickly.

    Add in Mexicans and all that history and you end up with people wanting to see criminals suffer. Long sentences and capital punishment are called for whenever murder is involved, the DA’s really do show restraint. If it were up to the people, that DR number would be tenfold easily.

    I am not really making an argument either way.

  • The same NYT article mentioned that many people (victims’ families) when given the option of life w/o parole instead of death sentence are, usually, perfectly satisfied with the level of punishment. I think that’s the direction that ought to be taken, since life w/o parole is a reversible sentence, while death sentence, once executed (and Texas pushes for fast executions) is not.

    Me, I’d be for death penalty also, but only if I were God and omniscient.

  • jen: The Austin Wall. Build them a wall, fly in groceries, and let them keep their live music tradition.

    It worked in Berlin, right?

  • Jen: there’s a whole lot of “good folks” in Texas who would need looking after if we decided to boot the rest. Mostly around Austin as has been mentioned, but elsewhere too. In fact, it’s so hard to be good in Texas that “good folks” there would be considered “extra-good folks” anywhere else. Like the lawyer who defended us in Killeen when we ran The Oleo Strut (egads! 40 years ago next summer!) with his house waaaaaaaaay back on the property from the country road out front, as he said “yes, it’s out of range.”

    In fact, Texas can be kicked out due to the fact it was an independent nation before it became a state.

  • #12 ScottW wrote:

    this was the wild west and that mentality is really hard to change.

    And California wasn’t? Washington? Oregon?

  • “Some of ya’ll seem to forget that Texas was once a very progressive state with foibles”

    Uh, when was this exactly? I seem to have missed this era in my last 40 years of living here…

  • Well let see.

    Roo roo, when was Texas ever a progressive state? Opps Local Crak beat me to it.

    Jen Flowers, I love Ann. Voted for her, and mourned her passing, but she was a strong supporter of the death penalty and started this trend when she was Governor of Texas.

    I am a Native Texan. Lived most of my adult life in Austin. Now live right outside of Houston. Texas is a very unique place. One I Love and Hate. We alone among states have been an idependant country and entered the Union with the right to do two things, divide into 5 separate states and leave the union.

    We have the right to do that, there is no need for secession.

    We produced Lyndon Johnson and George W. Bush but to redeem ourselves we also produced Senator Ralph Yarborough and Anne Richards. You probably do not know about Senator Ralph Yarborough, but if you claim to be a Liberal or Progressive you should.

    We have more guns per capita than any other state. Our record on the death penalty is a travesty, but the fact remains that the majority of people in the US still believe in that barbaric practice.

    We just do what others want to do. I am not defending that, but there is a bit of hypocracy here that somehow because we do what others are weak-kneed about we are less.

    When most people from the US go overseas, when asked where they are from they say the United States. When Texans go overseas and are asked where they are from, they say Texas. So I am not sure we ever really became fully part of the US.

    But I am with you. Kick us out. Then start think about what would go with us. You might review your situation.

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