government 2
Bebisha
TheDeathPenaltyinTexas.pptxThe Death Penalty in Texas
Cindy Casey Brown
El Centro College
Government 2306
HOMEWORK Texas Death Row Video
https://www.youtube.com/watch?v=9w1ANeiohXo
VIDEO DOCUMENTARY
by National Geographic
Do NOT watch around children or with others!
You will answer an essay
question about this video.
Which one of these people is OR could be on Texas Death Row?
Four degrees of murder in Texas
Punishment is different for each based on MENS REA (it means the mental state of the actor at time crime was committed).
Was MENS REA at time showing intentional act, negligent act, reckless act, etc.
The next slides are on each of these four.
Murder
Manslaughter
Criminally Negligent Homicide
Capital Murder
This is what we are talking about today!
Murder
Texas Penal Code 19.02
“Intentionally or knowingly causes the death of an individual;
Intends to cause seriously bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; OR
Commits or attempts to commit a felony, other than manslaughter…and in the course commits an act clearly dangerous to human life that causes the death of an individual.”
EXAMPLE: woman plans the killing of her husband and does it.
Intentionally or knowingly:
Intentionally: conscious objective or desire to bring about conduct
Knowingly: aware the conduct is reasonably certain to cause the result.
Punishment: First Degree Felony
Life term or any term not more than 99 years or less than 5 years – in Texas Department of Criminal Justice. Fine not to exceed $10,000.
Manslaughter
Texas Penal Code 19.04
“A person commits an offense if he recklessly causes the death of an individual.”
EXAMPLE: two men get into a physical fight and one kills the other by beating him severely.
Recklessly:
Aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. Gross deviation from the standard of care an ordinary person would exercise if viewing the circumstances from the actor’s standpoint.
Punishment: Second Degree Felony
Term not more than 20 years or less than 2 years – in Texas Department of Criminal Justice.
Fine not to exceed $10,000.
Criminally Negligent Homicide
Texas Penal Code 19.05
“A person commits an offense if he causes the death of an individual by criminal negligence.”
Example: death when driver is drunk.
Example: death when driver is texting.
Negligent / Criminally Negligent:
Actor ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. Gross deviation from the standard of care an ordinary person would exercise if viewing the circumstances from the actor’s standpoint.
Punishment: State Jail Felony
State jail for term not more than two years or less than 180 days – in State Jail.
Fine not to exceed $10,000.
Capital Murder - Definition
Texas Penal Code Sec. 19.03
A defendant can be eligible for the offense of capital murder IF the person commits a murder AND:
(1) murder a police officer or fireman acting in their official duty AND the defendant KNOWS the person is a police officer or fireman.
(2) defendant intentionally commits the murder in the course of committing OR attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or a terroristic threat. (Most call it “felony murder”)
(3) the defendant commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
(4) the defendant commits the murder while escaping or attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal institution, murders someone who is employed by the penal institution.
(6) the person, while incarcerated for an offense under this section or 19.02 or while serving life or a term of 99 years for an offense under section (aggravated kidnapping, aggravated sexual assault, aggravated robbery) murders another.
(7) the defendant murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
(8) the defendant murders an individual under 10 years of age; or
(9) the defendant murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, or trial court.
Photos of Death Row Inmates
https://apps.texastribune.org/death-row/
If someone commits one of these nine crimes what happens?
Defendant is not automatically charged with capital punishment.
The District Attorney decides which level of murder the defendant is charged with and it goes from there.
The District Attorney decides if state can win the case or if you go with a lesser charge (THINK about the MENS REA).
Picking a Jury
This can take up to two weeks.
Sample Juror Questionnaire
Given to jurors, attorneys review it, then Voir Dire.
http://www.juryinstructions.ca8.uscourts.gov/quest_juror.pdf
Voir Dire
Process of questioning jurors in open court.
You have to “Death Qualify” a jury.
Bifurcated Trial
Trial is bifurcated = 2 parts
Guilt / Innocence Phase
Punishment Phase
In Guilt / Innocent phase if defendant is found innocent then trial is over.
In Guilt / Innocent phase if found guilty – then Punishment Phase starts.
Punishment Phase of Trial
IF you get to the punishment phase of the trial in a death penalty case, the jury answers TWO questions:
(1) Does the defendant pose a risk to society because of the probability that he or she will continue to commit criminal acts?
(2) Do mitigating factors exist like mental retardation or child abuse to warrant a sentence in life in prison instead of death?
** The Jury MUST answer YES to (1) and NO to (2) **
** The Jury MUST be UNANIMOUS.
If not unanimous then it is automatic life in prison (the defendant has been found guilty already so defendant is getting a punishment –
the question is life or death). **
Texas Death Row
https://www.tdcj.state.tx.us/death_row/
Polunsky Unit – Livingston, Texas
Texas Death Row Cell
Texas Execution Chamber
Jim Willett
Retired Texas Prison Warden.
Wrote Book: Warden: Texas Prison Life and Death from the Inside Out
Oversaw 89 executions in Texas.
Videos on You Tube.
https://www.youtube.com/watch?v=vzmr0FHBd-4
Death Row Case Studies
** Make notes to yourself about why people support and do not support the death penalty as we go through these case studies. After case studies we will do the PROs and CONs **
RANDY HALPRIN / THE TEXAS SEVEN
The Texas Seven Case
Escaped from the Connolly Unit near Kennedy, Texas, on December 13, 2000.
December 14 - Rob a Radio Shack in Pearland, Texas.
December 19 – Check into an Econo Lodge in Farmer’s Branch and plan robbery of Oshman’s Sporting Goods in Irving, Texas.
December 24
Group takes over Oshman’s Sporting Goods
Gag and tie up all employees, steal at least 40 guns, cash, and ammunition.
Off duty employee outside notices inside commotion inside. Calls 911.
Officer Aubrey Hawkins, 29 years old, was having dinner with his wife and 9 year old son at Olive Garden and responded to the call, left dinner, and went to Oshman’s.
The “Leader” of the Group, George Rivas, shot Officer Aubrey Hawkins in the Oshman’s parking lot.
Evidence shows he was shot multiple times in his car then drug out of the car and shot in the head and the back and then his gun stolen. He was run over by the escapees.
Randy Halprin was also shot in the foot during the shooting.
Officer Hawkins died at Parkland Memorial Hospital – autopsy showed he had been hit with gun shots
11 times and been run over by the group’s car.
The group ends up in an RV park in Woodland Park, Colorado. Passed themselves off as missionaries.
America’s Most Wanted televised the story on January 2001 and several calls identified them as being in Woodland Park.
6 were caught and taken into custody. 1 committed suicide before he could be taken into custody.
The Capture in Woodland Park
HOW DID
I WORK WITH
RANDY HALPRIN?
Mitigating Factors:
understand the role mitigating factors play in the death penalty
** Mitigating Factors ** Goes to Question #2 on Jury Charge
(2) Do mitigating factors exist like mental retardation or child abuse to warrant a sentence in life in prison instead of death?
Mitigating Factors, Cont.
Find out life story of person and see what exists that could be a mitigating factor(s).
Will family (parents, siblings) and friends come and testify on their behalf (i.e. please spare my child’s life because….)
Examples:
Mental Problems / Intellectual Disability
Remorse – Defendant Testifies to This on Stand During Punishment
Youth
Coercion into Participation by Co-Defendant(s)
Culpability / Responsibility
Childhood Abuse (Physical, Emotional, Sexual) and Neglect
Minor Role in the Murder
Absence of a Prior Criminal Record
Family History, Medical History, Work History
Anything that can Mitigate
Randy Halprin – Mitigating Factors
Born into abusive home – physical abuse, teeth knocked out, pushed out of windows, cigarette burns. Randy and younger brother Wesley removed and rights terminated.
Biological parents – mother bi-polar and drug addict and alcoholic and father drug addict and alcoholic. Father’s sister killed child by physical abuse.
In and out of foster homes – MANY, MANY, MANY.
Randy recalled family wanted to adopt Wesley and not him (he was 5 and Wesley younger, family said he was too old, did not know ABCs and couldn’t count well).
Family adopted Randy and Wesley – lived in Dal Worthington Gardens.
Lived in $1M home, strong schools, private piano lessons, many advantages.
Sent to Oneida Boarding School in KY at age 14 because of bad grades (in Randy’s words “a religious school for “troubled” children” – very strict, lots of rules to follow, lots of chores.
His grades from Oneida were very high.
Randy Halprin – Mitigating Factors, Cont.
Randy said the Baptist School was confusing to him having grown up in the Jewish Faith.
Girl he was “dating” introduced him to acid and marijuana” - he stole a VCR from a classroom before Spring Break, went home, father said he “stole” his mountain bike, took his father’s checkbook and tried to get $200 to return to girlfriend, got back to school, suspended for destruction of property after girl broke up with him and he carved initials into bench - and school had concerns he was suicidal.
Dad told school and Randy that he would pay for bus ticket to any city of his choice and 6 months of housing but he could not come home. He got an apartment at age 17 in KY. Lonely he asked Oneida to re-admit him, they did, he stole a teacher’s credit card, and was expelled finally.
18 and homeless – went to Kentucky homeless shelter – the Hope Center. Got back to Texas and went to childhood home – Chief of Police of Dal Worthington Garden’s met him and said he was not welcome there.
Randy Halprin – Mitigating Factors, Cont.
Stayed on couch of a friend some nights and some nights at Arlington Night Shelter – unsure what to do.
Heavily into drugs and alcohol – family didn’t know what to do with him and cut him off – friend’s family did not want him there when such a bad influence.
Met couple with a child at Arlington Night Shelter. They got apartment together.
Woman named Charity also staying there.
September 1996 he was on acid and left to watch Charity’s child – Randy reported he “snapped” and hurt child when child would not quit crying.
They ultimately got an apartment – he was doing drugs – claimed did not do drugs when watching child.
1997 – age of 19 – pled guilty to “Injury to a Child”
No “issues” in TDCJ once in - then escape in 2000.
Do these factors make you think Defendant Randy Halprin’s mitigating factors matter?
You are a juror in Defendant Randy Halprin’s case – vote on Question (2) on the Jury Charge: Do mitigating factors exist like mental retardation or child abuse to warrant a sentence in life in prison instead of death?
GREAT TEST QUESTION – helps you understand mitigating factors in Texas death penalty cases.
SHOW OF HANDS:
YES
NO
Where are the Texas Seven now?
Joseph Garcia
Execution scheduled for 12/4/18
Randy Halprin
Appeals pending, no date
Larry Harper
Suicide on capture
Patrick Murphy
Stay granted 3/28/19
Donald Newbury
Executed 2/2015
George Rivas (LEADER)
Executed 2/2012
Michael Rodriguez
Executed 8/2008
Should the law of parties apply in death penalty cases?
Is this man on Death Row?
Facts
Sunday, July 15, 2013 – 44 y/o Louis R. shows up at Dallas Children’s Medical Center with four month old Baby H. and his other child, 4 year old son.
Baby is in an infant carrier.
Baby is not well – baby dies at hospital.
Baby has signs of trauma / abuse on body so hospital staff call police.
Mother was out of town at the time of the incident and started coming back to Dallas via car when she got call father was heading to the hospital. In East Texas because her father was in the hospital
Parents separated and interviewed.
Couple’s 4 year old son put into custody of Child Protective Services and taken away from parents.
Search warrant obtained and house searched. (I see police at house while delivering a cooler of food.)
Wednesday, AM - Louis R. goes missing and is unreachable – missing persons report filed.
Wednesday, 5 p.m. - Louis R. found dead of self-inflicted gun shot wound to head at Courtyard by Marriott on Central Expressway and Meadow.
Thursday, AM - court hearing holds 4 year old can come home with mother.
Autopsy revealed:
Baby died from “peritonitis and sepsis often caused by a defect in the bowel wall”
This defect in the bowel wall “can be the result of natural disease or inflicted trauma.”
Baby had Down syndrome (disease may cause bowel defects).
Baby had blunt-force injuries, including cuts, bruises, a fractured skull and rib fracture that were “suspicious for being a non-accident.”
Charges against Louis R.?
No charges filed because potential defendant died.
If he had lived capital murder charges possible.
What defense(s) would he have had?
What about charges against the mother?
Mandatory Duty to Report Suspected Child Abuse in the State of Texas
Texas Family Code 261.101
Texas law requires anyone with knowledge of suspected child abuse or neglect to report it to the appropriate authorities.
This mandatory reporting applies to all individuals and is not limited to teachers or health care professionals.
The law even extends to individuals whose personal communications may be otherwise privileged, such as attorneys, clergy members, and health care professionals.
The report may be made to (1) any local or state law enforcement agency; or (2) the Department of Family and Protective Services.
All persons are required to make the report immediately, and individuals who are licensed or certified by the state or who work for an agency or facility licensed or certified by the state and have contact with children as a result of their normal duties, such as teachers, nurses, doctors, and day-care employees, must report the abuse or neglect within 48 hours.
Texas law broadly defines abuse and neglect – so physical AND mental welfare is covered.
A person who makes a report in good faith is IMMUNE from criminal and civil liability.
Should Baby’s Mother Have Been Charged under Texas Family Code Section 261.101?
What does the USSSCT say about the death penalty?
Gregg v. Georgia (1976)
The Death Penalty is constitutional under the 8th Amendment of the US Constitution.
Glass v. Louisiana (1985)
Electrocution does not violate the 8th Amendment.
Ford v. Wainwright (1986)
Execution of insane persons is a violation of the 8th Amendment.
Atkins v. Virginia (2002)
Execution of “mentally retarded” violates 8th.
Roper v. Simmons (2005)
Execution of someone who committed crime at under age 18 is violation of 8th.
Baze v. Rees (2008)
Lethal injection does not violate 8th.
Kennedy v. Louisiana (2008)
You have to have a murder to impose the death penalty – crimes without a murder cannot get the death penalty under the 8th.
Anthony Graves’ Testimony Before Texas Senate on Texas Death Row
In 1992 he was charged and convicted of the murder of six people in Somerville, Texas.
No criminal record.
No motive or physical evidence linking Graves to the crime scene.
Conviction based on testimony of Robert Carter that they committed the crime together.
On the eve of his death Carter admitted he committed the crime on his own – executed the next day.
Graves served 18 years when his conviction was overturned and he was released.
He received $1.4 million for his time served.
Ron Williamson
Williamson’s wrongful conviction was the subject of author John Grisham’s true story An Innocent Man.
One of two men wrongfully convicted in 1988 in Oklahoma in the rape and murder of Debra Sue Carter.
Both were released 11 years later when DNA evidence cleared them both from the crime.
City gave defendants $500K and the state settled for an undisclosed amount.
Williamson maintained his innocence throughout his time on death row and his mental health rapidly declined – hair turned white, pulled out his teeth.
Williamson died in a nursing home five years later of cirrhosis (liver damage).
John Grisham read the obituary and then wrote the book.
Joe D. Sneed
Example of a prisoner who maintained his innocence until the end.
June 15, 1960 Rubye June Mooseberg was driving home at 1:00 a.m. and her car was forced off the road.
Defendant approached her driver’s side door, punched out window with his hand, and she fled out the passenger side door.
Defendant chased her and forced her into his car, drove her to a deserted and forcibly raped her then took her to a service station and gave her two dimes to make a telephone call.
She called her husband and police arrived at the station and she showed them the route and what happened and went to Parkland Hospital for a rape kit. Rape kit revealed she had engaged in sexual intercourse and a bruise on her right hip.
Word gets out in the city a white woman was raped by a black man.
Dallas Morning News – Friday, June 17, 1960
Dallas Times Herald – July 22, 1960
Dallas Morning News – Saturday, July 23, 1960
Joe Sneed is Electrocuted on January 3, 1963, Case Upheld on Appeal (356 S.W. 2d 785) – Family Still Maintains it was Not Rape but a Consensual Relationship
Jet Magazine – January 17, 1963
Arguments in
FAVOR of the Death Penalty
Arguments
AGAINST
the Death Penalty
