Former Texas pros­e­cu­tor, Tim Cole — described by the Dallas Morning News as a no-holds-barred law­man” in 4 terms as District Attorney for Archer, Clay, and Montague coun­ties — now says that Texas should join the 19 U.S. states where the death penal­ty has been abol­ished.” In an op-ed in The Fort Worth Star-Telegram, Cole says Texas’ dra­mat­ic decline in impos­ing the death penal­ty, from a record 49 death sen­tences in 1994 and 48 in 1999 to none in the first 7 months of 2015, is prov­ing as a state that we can live with­out the death penal­ty.” A Dallas Morning News edi­to­r­i­al based upon Coles’ com­ments described this as part of a trend of the death penal­ty falling out of favor not only with juries but also with pros­e­cu­tors who seek it.” Only three death penal­ty cas­es have been tried in Texas this year, and all three result­ed in life sen­tences. Cole said, I believe it is hap­pen­ing because the prob­lems with how the death penal­ty is assessed have become evi­dent to every­one, includ­ing jurors.” He par­tic­u­lar­ly empha­sized the inac­cu­ra­cy of the death penal­ty, say­ing, If you can show me a per­fect sys­tem, I’ll give you the death penal­ty. But you can’t. You can’t show me a sys­tem that’s so per­fect that you could show me we’d nev­er exe­cute an innocent person.”

Cole added that stan­dards have changed in how pros­e­cu­tors deter­mine whether to seek the death penal­ty. There are prob­a­bly a lot of peo­ple who have already been exe­cut­ed where those cas­es would not be death penal­ty cas­es these days…It’s become more accept­able for a dis­trict attor­ney not to seek death.”

(Editorial, Living with­out the death penal­ty in Texas,” The Dallas Morning News, July 29, 2015; T. Cole, This year, Texans live with­out impos­ing new death sen­tences,” The Star-Telegram, July 23, 2015.) See New Voices and Sentencing.

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