"Texas leads the nation in executions, but its death row population is dropping" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
The number of inmates on Texas’ death row dropped again this year, continuing a decades-long trend.
The decline is caused largely by fewer new death sentences and more reduced punishments in recent years, according to end-of-year reports released Thursday by groups critical of the death penalty in Texas and across the country. But Texas still held more executions than any other state.
“Prosecutors, juries, judges, and the public are subjecting our state’s death penalty practices to unprecedented scrutiny,” said Kristin Houlé, executive director of the Texas Coalition to Abolish the Death Penalty, in the release of the group’s annual report. “In an increasing number of cases, they are accepting alternatives to this flawed and irreversible punishment.”
Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, which has supported death penalty practices in legal cases throughout the country, said he agrees that the decline is partially due to shifting attitudes among jurors and prosecutors, but added that death sentences are also down because there has been a drop in the murder rate nationwide.
“The support for the death penalty for the worst crimes remains strong,” he said.
There are currently 234 inmates living with death sentences in Texas, according to the state’s prison system. That number has been dropping since 2003. The death row population peaked at 460 in 1999, according to the Bureau of Justice Statistics.
Here’s how the death row population has changed over the last year:
Seven men were executed.
The same number of men were put to death this year as in 2016, which had the fewest executions in two decades. But even with its relatively low number, Texas was still the state with the most executions in the country. This isn’t unusual given that the state has put to death nearly five times more individuals than any other state since the death penalty was reinstated in 1976, according to the Death Penalty Information Center.
Texas accounted for 30 percent of the nation’s 23 executions in 2017. Arkansas was second in the country with four. Last year, Georgia put more people to death than Texas — the first time Texas hasn't been responsible for the most executions since 2001.
Four more men got cells on death row.
One more person was sentenced to death this year than in 2015 and 2016, when only three men were handed the death penalty in each of those years.
The number of new sentences, which ranged in the 20s and 30s each year in the early 2000s, dropped in 2005 after jurors were given the option to sentence convicts to life without the possibility of parole as an alternative to the death penalty. Before then, if a capital murder convict wasn’t sentenced to death, he or she would be eligible for parole after 40 years. About 10 people in Texas were sentenced each year after that until the additional decrease in 2015.
Two men died while awaiting execution.
Joseph Lave and Raymond Martinez both died this year before they were taken to the death chamber, even though they had had extended stays in prison. Lave passed away more than 22 years after his murder conviction, and Martinez had lived more than 30 years with a death sentence.
Four men had their sentences changed from death to life in prison.
Two U.S. Supreme Court decisions this year have so far resulted in the reduction of three death sentences to life in prison. The high court ruled against Texas in the death penalty cases of Duane Buck and Bobby Moore.
Buck reached a plea agreement with Harris County prosecutors to change his death sentence to life in October after a February ruling by the court said his case was prejudiced by an expert trial witness who claimed Buck was more likely to be a future danger because he is black.
In Moore’s case, the justices invalidated Texas’ method for determining if a death-sentenced inmate was intellectually disabled and therefore ineligible for execution. Though Moore’s case has yet to be resolved (Harris County has asked the Texas Court of Criminal Appeals to reduce his sentence to life), two other men on death row with intellectual disability claims received life sentences after the ruling.
Another man this April received a new punishment hearing in a 1991 murder and pled guilty, landing four consecutive life sentences over the death penalty, according to the Texas death penalty report.
Nine men narrowly escaped execution — for now.
Executions were scheduled — then canceled — for nine men this year. Six were stopped by the Texas Court of Criminal Appeals in light of pending appeals, and one was stopped by a federal court, the report said.
One man, Larry Swearingen, evaded execution in November because of a clerical error, and convicted serial killer Anthony Shore’s death was postponed because prosecutors were concerned he would confess to the murder for which Swearingen was convicted.