If you're a resident of the Lone Star State, you may already be aware this state leads the nation in the number of criminal executions, with nearly 500 executions taking place since 1976. While Texas's reputation for being tough on crime is well-known, at least one juror has taken issue with the model jury instructions, arguing that he didn't know he alone had the power to stop a recent death sentence. Read on to learn more about how the vote of a single juror can often be enough to spare a criminal defendant from the death penalty, as well as how one juror and two lawmakers are seeking to clarify the jury instructions in death penalty cases.
What is required in order to assess the death penalty as punishment in Texas?
Under Texas law, any sentence of death must be unanimously reached – that is, if even a single juror dissents from this result, the defendant will instead be sentenced to life in prison without the possibility of parole. In order for a jury to impose the death penalty, the jurors must also believe that the defendant is highly likely to reoffend if he or she is ever released from incarceration.
However, the Texas model jury instructions do not indicate that the death sentence must be unanimously reached; instead, these instructions refer only to the ten (of twelve) votes required to impose a life sentence in lieu of death. State law also prohibits the judge, prosecutor, or defense attorney from letting jurors know about this procedure.
What changes are being proposed to Texas's capital jury instructions?
At least one juror regrets his decision to vote for the death penalty, and states that if he had known the decision was required to be unanimous, he would have voted differently. Instead, he believed he had to persuade nine other jurors to vote with him in a sentence of life without parole.
This juror has partnered with two Texas lawmakers, seeking a change in the state's model jury instructions that will make it much clearer how jurors need to vote to impose various sentences.
These legislators also want to strike the portion of law that prohibits judges and prosecutors from informing jurors what their votes truly mean, arguing that the current law may mean individuals are being sentenced to death even when one or more jurors would dissent from this sentence. If this legislation comes to pass, it could have a significant impact on the number of Texas inmates sentenced to death.
Companies like The Fitzpatrick Law Firm can offer more insight into the criminal defense aspect of this change.
Share13 May 2017
The court system can seem frightening and confusing if you're not used to using it. Whether you've been accused of a crime and you're trying to navigate the criminal court system, or you're being sued or considering suing someone else in civil court, you need an advocate who knows their way around. That's why finding the right lawyer for the job is so important. In this blog, I'll be helping you learn how to choose the right lawyer for the job and sharing information about legal strategies and courtroom procedures that you may come across when you have a legal problem. You need accurate information to help you understand the court system, and this blog can help.