A recent op-ed by Jordan Steiker, endowed pro­fes­sor of law and Director of the Capital Punishment Center at the University of Texas, high­light­ed the declin­ing use of the death penal­ty in that state. AlthoughTexas leads the nation in exe­cu­tions, death sen­tences and exe­cu­tions per year have dropped sharply since the 1990s. Prof. Steiker wrote, In 1999, Texas juries returned an astound­ing 48 death sen­tences. Since 2008, how­ev­er, Texas has annu­al­ly sent few­er than 10 defen­dants to death row. Executions in Texas have declined as well, from a high of 40 in 2000 to few­er than 20 since 2010.” While describ­ing the per­fect storm” of con­di­tions that led to Texas’s high use of cap­i­tal pun­ish­ment in the past, the op-ed also not­ed changes that have led to less death-penal­ty use, such as the cre­ation of a statewide defend­er’s office to rep­re­sent death-sen­tenced inmates in state post-con­vic­tion and the broad­er dis­clo­sure of evi­dence to the accused. Prosecutors have increas­ing­ly accept­ed plea agree­ments to life impris­on­ment with­out pos­si­bil­i­ty of parole, sav­ing tax­pay­er dol­lars that would have been spent on expen­sive cap­i­tal tri­als and appeals.

The op-ed point­ed out that Texas’s death penal­ty con­tin­ues to strug­gle with issues such as racial dis­crim­i­na­tion, inad­e­quate safe­guards against wrong­ful death sen­tences, and geo­graph­i­cal arbi­trari­ness, not­ing that few­er than half of Texas’ 254 coun­ties have sent offend­ers to death row.”

(J. Steiker, In Texas, per­fect storm for exe­cu­tions,” San Antonio Express-News, op-ed, June 20, 2014). See Sentencing and Arbitrariness.

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