The System
Trial (the following process begins after a conviction and death sentence)
After the first trial, a lawyer, usually one of the trial lawyers, is appointed to handle the direct appeal (usually this happens because the trial lawyer would be familiar with any errors that took place, but many times new lawyers are appointed, especially if the defendant files against that attorney for being ineffective). This appeal is filed in the Texas Court of Criminal Appeals in
If the CCA denies relief, the defendant can ask the
State Habeas Corpus Proceedings
After the trial, at the same time the direct appeal is being prepared, the trial court will appoint another lawyer to file a different appeal, an application for Writ of Habeas Corpus. (There is a catch to this which I‘ll mention shortly). This document is just the opposite of the direct appeal: the claims are based on new evidence that is not contained in the record, the court will not hear claims that could have been raised on direct appeal. This is the point in the process at which a person can bring in new evidence to support claims of innocence, prosecutorial misconduct, ineffective assistance of counsel etc.
[Let us break down a few things about the CCA so you can better understand how it truly works. First off, the CCA is composed of 9 judges. To win an favorable decisions from the 9 CCA judges, 5 out of the 9 judges must agree on a common error that you faced. Only then will you be granted relief of some sort. The fact that you must play see–saw is ridiculous from the start for the simple fact if you have an error, an error is an error and if 1 judge observes that, Justice should be delivered. The most important key to the CCA and why they have fell under such criticism is the political views and actions of the CCA. The whole CCA is made up of Republican judges, where as Republicans in this country have always stood out front as the more conservative and PRO-death penalty supporters. Does this mean Democrats aren’t the same? No! However, Republicans seem to make more of an effort to show where they stand. This Republican panel has been vicious in the relief they give, which has been close to nil. Let me reveal forms of politics that effect the way these judges rule and also who they get put into seat.
In 1982 the first execution took place since it had been reinstated. In the 80‘s Ann Richard's (a Democrat) became Governor of Texas. From 1982 – 1992 only 41 executions were carried out. When Bush ran for Governor and appealed to the predominate Pro-death penalty
I spoke of a catch in the Writ of Habeas Corpus application. In 1995 after the bombing of the
PROCEEDINGS IN FEDERAL COURT
Federal Habeas Corpus Proceedings
If unsuccessful in state court, a person can petition the federal courts for relief. The only claims that may be raised in the federal proceedings are those that were raised in the state court (both direct appeal and state habeas claims). There are very strict time limits that govern the filing of federal habeas petitions, failure to file in time limits, in most cases, waives any further appeals.
[Now, this is where most cases get tricky and many have meet the gurney. We find controversial actions in federal court. Most death row inmates feel that federal court is the best place to receive relief if you have it, due to the fact the politics surrounding the CCA virtually makes it impossible to get relief from them. This is what the public must understand about the differences between the CCA and a Federal proceeding. There is only 1 federal judge that reviews your case. These federal judges are appointed to their seats, they do not have to run for election. Their appointment last until they retire or they die. This allows federal judges more leeway in granting relief, because they don't have to worry about the public lashing back at them for giving prisoners relief. On the other hand, the CCA judges are elected by the people, and since the majority of the people in Texas are pro-death penalty, they seek to please that crowd, thus denying all relief (or as much as possible) under any circumstances. When we look at Laws like the federal Anti-Terrorism Act we must ask why we need laws like this, why are the prisons so overcrowded, why are men receiving hard time for small crimes (mostly drugs, which if you know your facts this country allows to flow into it), why aren’t these judges paying enough attention to these cases? The judges are over flooded with cases because they sit on them, they like to refuse people justice. They are also overcrowded with cases because they are flooding these prisons. Prisons have gone past the rehabilitation structure, to the Big Business structure. So, to make their money they must keep them full at all cost. Only when we pay attention to the larger picture will we understand why things exist like they do.
If the federal district court denies relief, the case is appealed to the 5th Circuit Court of Appeals in
[After leaving federal court usually federal court will place a date of execution on you. It is their goal to kill you at this point, period! With the Terrorism Act speeding up your first 2 levels, by time you get to federal court and finish it, you may have on been on death row only 5 – 6 years and for those of us who are trying to gain support and build campaign behind their cases, 5 years is not a lot of time when you must build network systems and above all trust and understanding towards your case. What will happen is, you will seek to get what is called a COA (Certificate of Appeal-ability). You will need the federal court to give you this JUST so you can enter the 5th Circuit. If they do not give this to you, the 5th Circuit will not hear your case. It is virtually nonexistent for them to grant you entrance in their court after federal court denies you that COA. Now, think about this an how it is a well plotted out scheme. For you to be ranted a COA would be like federal court saying they did not do a good enough job and needs the higher court to look over their work. Do you think any judges want to look incompetent in their work? The decisions should not ever rest in the federal court for appeal-ability, a separate party should be in place to decide that. So, what ends up happening is federal courts sets you a date and they execute you rather quickly, because the 5th Circuit has just cheated you out of your next stage of appeal. The final stage is the Supreme Court.
If the 5th Circuit denies relief, the petitioner may seek review in the Supreme Court. Again, as stated, it is very rare that the Supreme Court will hear the case.
--------------------------------------------------------------------------------
This system is suffering from the „pass the buck“ method. When an injustice is given, instead of ones taking responsibility for it (which may cause mass criticism to fall upon them) they pass it along. The morality rate of politicians is falling and with our citizens. Since when does oppression, death and destruction bring about a better society? Although the death row appeal process carries a few more procedures (if granted, such as hearings) this was the basic outline of it and also the hidden events that the public doesn’t know. We need the people to become concerned with what is happening with its society, not just with the people in the streets, but the people in the offices as well. For those of us who are God fearing people, let’s make sure those overseeing the laws are God fearing, because man’s law can never override God’s law. Regardless of religion, race, color or creed, Righteous acts are righteous acts. So, keep in mind a small piece of knowledge, all people want freedom in life and all people want peace and justice, but without TRUTH, we will never have any of them. Until this country decides to stand on TRUTH, none of us will ever fully have any of that. KNOWLEDGE IS POWER, MAKE OUR POWER TRUTH, TRUTH CONQUERS ALL!!!!!!!!
Death Row in Perspective
The death penalty is, and as long as it exist will most likely remain, a highly debated topic. Due to the extreme variations between political and religious views the death penalty has drawn some sensitive lines among cultures, countries and even families. Will fairness, justice and peace ever come from this issue? Insights of this country’s history with racial injustices and struggles on civil rights, most likely not!
When all of the propaganda from pro-death penalty advocates are pushed to the side the death penalty boils down to 2 things:
1) a political tool used to instill fear into society with the faux-ideology that it deters crime
2) a systematic scheme used as a means of genocide on certain groups of people within this society.
If the facts are honestly accepted these 2 points will be confirmed more so than the pseudo-ideology of the death penalty being a deterrent to crime and a process that helps rid society of it’s most heinous criminals, ones who cannot be rehabilitated.
The death penalty is controlled by political interest and social prejudices. Most capital cases are tried on how much money a county has to spend, that year, on Criminal Justice issues than the crime itself. A study, revealed by Amnesty International, showed that in
When county issues call (eg – educational, medical, street and building constructions, etc.) less money can be spent on capital murder prosecutions. Therefore, many capital murder prosecutions have nothing to do with what is moral or just, but what is economically possible. However, during elections years, when tough on crime slogans come out, you can bet on a rise in capital murder trials.
In addition, statistics, revealed by John Blume, director of the Cornell University Law School Death Penalty Project, showed that chances of a black person being sentenced to death for killing a white is greater that for a white person who kills another white or black. In
People often frown when thinking a “race card” is being played, yet who can deny the history of
No study has ever shown that the death penalty deters crime and one never will because it doesn’t. Even FBI statistics have shown that the murder rate in some states which use the death penalty is twice that of some states which do not use the death penalty. *3
The death penalty process has also shown to be hypocritical and contradictive to itself where it says it seeks to execute criminals who’ve committed the most heinous of crimes. What is considered heinous? One may think this is a silly question and quite obvious, but it’s a deceptive use of word. Through the law of parties there are people on death row who’ve never killed anyone, but was allowed to be sentenced to death if a jury believed they conspired to carry out a felony (eg- robbery, kidnapping) and a murder occurred, which the law says they are responsible because a defendant encouraged, aided or assisted the crime. The Supreme Court emphasized that the defendant must have been a major participant in the crime and/or acting with reckless endangerment towards human life. However, D.A.`s are manipulating this law stating that the intent alone, the conspiracy, (even if you were 100 miles away) is enough to make you death eligible. So, if a person is two blocks away while his partner carries out a capital murder would you say his role is heinous and just as death worthy as the actual killer? States such as
In knowledge of this, how can the death penalty be justified righteously? Who can bring forth some moral issues concerning the death penalty? No matter how clean you carry out an execution it’s still a murder. It’s appalling when this system puts on a get though on crimes facade and screams for the death penalty, but, as a statistic showed, by the time a child reaches the age of 20 they’ve seen 40,000 murders on TV. If this country is truly concerned with murders why does if glorify it so much?
Never has the Government put forth a study to analyze what makes a capital murderer commit his/her crime. They’d like to pass it off simply as these people are savages. This is so because the problems will more than likely be social ones than anything else. Jeffery Rieman, who wrote “A Radical perspective on crime” stated: “ Crime is a means by which people who believe in the American dream pursue it when they find the traditional routes barred.” One out of every two black child and two out of every five Hispanic child lives in poverty.
It’s true that people sentenced to death aren’t housed to be rehabilitated, but does that mean nothing can be learned from the process and situation? Here on Texas´ death row we have been housed in an environment designed to induce punishment administration segregation. This building was purposely constructed to act as a punitive segregation. From the single man recreation yards and day rooms, cell doors, white walls and bright cell lights it was made to break the spirit. They’ve succeeded as many inmates suffer from sensory deprivation symptoms and some have committed and attempted suicide. This is a housing unit where, normally, inmates who received a disciplinary infraction would come to carry out a solitary sentence and once they modified their behaviors would be place back into general population. We are housed here permanently. Due to being in single man recreation dayrooms we’re not given recreational games (like chess boards, domino's etc.); due to the administrations oppressive attitudes towards our death row classifications we aren’t given in-cell recreational arts and crafts; and to spite us we aren’t allowed TVs. Next to a radio and our imagination, plus desire to live, grow, learn and love is the only things to sustain us.
In face of these conditions (many mimicked in other states) politicians are dealing with resistance as death row inmates are continually fighting back , not physically, but politically, socially and spiritually, by participating in positive endeavors. In addition, groups are being invented by inmates that are being put back into society, even for victims families. We realize that if we can disprove the stigmas (that we’re the worse of the worse, incapable of being rehabilitated) we can help abolish the death penalty in another way. This is done by not living up to the stereotypes which will show people in society that the death penalty is an empty ideology based on revenge and murder, thus convincing them to not support it.
In 2004 the 117th death row inmate was released. While many people would like to see death row prisoners lined up and shot, and could especially careless to if we are treated humanely, how can these types of housing conditions be allowed when Innocent men are on death row? Each year the number rises, so Innocence on death row can’t be denied. The bigger question is why does society allow the death penalty to exist when symptoms overwhelmingly show a broken and bias system? The true meaning of justice for all has been abandoned and the is no respect for the sanctity of it or life. The death penalty is a deceptive and frivolous magic trick used by politicians to dazzle the public. However, once they execute the prisoners the social problems have not disappeared. There comes a time when the citizens of
*1- www.amnesty-usa.org
*2 this study was published in the March 2004 edition of the Journal of Empirical Legal Studies
*3- www.amnesty-usa.org