A Life Spared: When Are Texas Courts Not Allowed To Give The Death Penalty?

Believe it or not, death penalty sentences have become quite rare in Texas.

This may be hard to believe because Texas has quite a reputation for enacting the death penalty, far exceeding other states in executions since the 70s when the Supreme Court reenacted it.

However, there are many barriers to the Death Penalty in any potential case. For example, only capital crimes are eligible for the death penalty- and that's just the beginning.

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Capital crimes are all murder offenses that also fall under other criteria, for example, the murder of a police officer, the murder of a person under 15, or a murder committed while also committing certain other felonies, like kidnapping.

Additionally, the state must demonstrate the "future dangerousness" of the convicted, by showing a history of violent priors, bad behavior while in jail, or if the crime is so heinous that the person clearly has no regard for human life (I'm looking at you, Taylor Renee Parker).

Additionally, there are other instances when a court cannot give out the Death Penalty.

A jury cannot give out the death penalty if the prosecution does not seek it.

There are many reasons the prosecution would choose to forgo seeking the death penalty, including how expensive and time-consuming those trials are.

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The person must have been 18 at the time the crime was committed.

A judge cannot "overrule" a jury's choice in punishment. For example, if the jury chooses life in prison, the judge cannot decide that the death penalty is a better option. Only juries give the death penalty.

The death penalty is not an option if the convicted person pled guilty.

A jury cannot give the death penalty unless the decision is unanimous. Every single juror must agree, or else the convicted will get life in prison.

Given all those criteria, it is no wonder that only three people have been given death penalty sentences in Texas this year (so far, at least).