A land of freedom is never free of pain. In this world bad things can happen to good people, but a weakness of ethics lurks as a temptation to both villains and those who must address them.
The cultural history of Texas paints a portrait of Western Justice where heroes answer villainy with the revolver and the noose. There is a power in myth and the stories of a wild and free land is essential to the character of the Lone Star State, and as a Texan I take pride in our history and our culture. There is a passion in story and myth, but as time progresses and as our state becomes increasingly influential on the nation and the world, there are places where our culture must examine itself and change policy when progressive morality dictates. Passion is powerful, but it must not be a blinder towards true justice, ethics, or human rights.
The death penalty is an issue which the nation and the world have long struggled with. What was once common across the globe has become an increasingly diminishing practice in an era of globalization, social media, and international scrutiny. The European Union’s Article 2 of its Charter of Fundamental Rights strictly prohibits the use of capital punishment (European Parliament, 2011), and the United Nations General Assembly has adopted non-binding resolutions calling for a global moratorium on executions in 2007, 2008, and 2010 (United Nations, 2010). There remain 74 countries across the globe which continue the practice of capital punishment, but among those the vast majority of executions occur in China, Vietnam, Iran, and the United States (Campaign to End the Death Penalty, 2011). The U.S., which currently has 3,200 individuals living on death row, is one of the last developed nations in the world which still puts its citizens to death (Campaign to End the Death Penalty, 2011).
Texas is at the forefront of this national issue. Since 1982 the state has executed 452 individuals including 152 people under former Governor George Bush, and 213 under Governor Rick Perry (Campaign to End the Death Penalty, 2010). Across the nation the state has the highest rate of executions, but some of the lowest rates of education and social services. It is a sign of the culture’s need to shift its priorities when it is more willing to make decisions on the death of its citizens then their well-being.
The highest criminal court in the land is the Texas Court of Criminal Appeals, which has long shown itself to tilt in favor of being ‘tough on crime,’ even to the point where CCA judge Sharon Keller has described herself as being “pro-prosecution” ( Campaign to End the Death Penalty, 2010). The mantra of being ‘tough on crime’ is an easy stance for a politician to take for the sake of reelection. However, after 30 years of becoming increasingly ‘tough on crime’ our state now has some of the highest rates of incarceration, and as previously noted, the highest rates of capital punishment in the nation. Under current law an individual can even be put to death for simply being a party to a capital offense whether or not they were involved or aware of the actual perpetrators intentions in committing a capital offence (Campaign to End the Death Penalty, 2011). This is just one example of where politics has gotten in the way or reasonable policy on the issue of capital punishment.
This year the Texas Legislature has convened for its 82nd session, and Representative Borris Miles of District 146 has attempted to address this so called ‘Law of Parties’ by authoring House Bill 2200 which “would require courts to hold separate trials for two or more defendants who are indicted for the same capital felony for which the state seeks the death penalty for any one of the defendants” (Texas Legislature Online, 2011). Other examples of the State Legislature attempting to address the issue of capital punishment include House Bill 1641 sponsored by Representative Harold Dutton of District 142, which would establish a moratorium on executions and create a commission to study capital punishment in the state (Texas Legislature Online, 2011). There is movement happening on the issue of capital punishment, and even if each of these bills face the challenges of an unsympathetic majority or of a Governor’s veto, those lawmakers must be acknowledged who are courageous enough to stand up against capital punishment and for social justice.
Persistence is the only way to create change in the cold hallways of the state capital, and Texas’ disturbing rates of capital punishment must continue to be addressed even if this is not the year where policy will be changed. Across the state people have been galvanized by the injustice of this system, and their voices will eventually make the difference. Groups such as the Texas Moratorium Network, Texas Coalition to Abolish the Death Penalty, The Innocents Project developed at the University of Houston, and Students Against the Death Penalty are just a few who have formed and are out there now doing critical work on this issue.
On October 13th of this year Witness to Innocence with be holding its annual conference in Austin, and during this same weekend the annual march to abolish the death penalty will be held. This is a remarkable chance for each of these groups, the innocents, the families of the slain, and sympathetic citizens from across Texas to gather at the State Capital and let their voices be heard. It is a chance to stand up against injustice and to ask our leaders to take a step towards morality and a better future for the state.
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