By J. Lyn Carl, GalleryWatch.com
Austin, TX –
The U.S. Supreme Court's 5-4 ruling prohibiting death sentences for juveniles will have a "major impact" on the criminal justice system in Texas, said Sen. Rodney Ellis (D-Houston).
At a press conference today, Ellis and several other members of the State Legislature lauded the Supreme Court ruling in Roper vs. Simmons that says death sentences for juvenile offenders constitutes cruel and unusual punishment.
Sen. Eddie Lucio (D-Brownsville) said the ruling "brings to light one of the major defects" in the state's criminal justice system, the lack of a jury's opportunity to hand down a sentence of life without parole.
He said that after the Supreme Court ruling, Texas juries will no longer be able to ensure that juveniles who have committed heinous crimes will not be back on the streets. Juveniles will now face the possibility of a life sentence with the possibility of parole.
Lucio said the Legislature faces the task now of protecting the people of the state from such offenders. His SB 60 adds life without parole as an option for sentencing by Texas juries. "Now is the time more than ever before to pass this piece of legislation," said the Brownsville Democrat. Lucio asked if the state is going to allow persons who Texas juries would have given a death penalty to now to be eligible for parole.
Ellis said the Supreme Court ruling will take a little of the "wild, wild West" out of the Texas criminal justice system. He said if young people are not mature enough to vote, they should not be considered mature enough to be put to death.
Texas is one of three states that allows execution of juvenile offenders, said Ellis, and of the 22 juveniles executed since the death penalty was reinstated in 1972, 13 of those juveniles were executed - nearly 60 percent - in Texas. "I am glad that this practice will no longer be tolerated in Texas."
Ellis said there is now no room for argument on the issue.
The Supreme Court ruling now makes it "very clear" that a moratorium on the death penalty in Texas is in order, said Rep. Garnet Coleman (D-Houston). He noted that the Supreme Court has ruled two classes of individuals should not be executed - juveniles and those with mental retardation. That and other issues such as recent revelations of problems in the Houston Crime Lab have necessitated review of some death row cases.
Rep. Ruth Jones McClendon (D-San Antonio) said she has carried legislation to ban executions for several sessions. She said if the state is going to have a death penalty, the appropriate cutoff age should be 18, because someone under that age is not fully developed emotionally. She said she applauds the Supreme Court decision.
The ruling was called a "great day for the juveniles in the state of Texas" by Rep. Alma Allen (D-Houston). She said the state should "become more humane as we deal with our youth offenders."
Steve Hall, director of Stand Down Texas, said the Supreme Court ruling calls for an "examination of the criminal justice system with respect to the death penalty."
Sen. Eliot Shapleigh (D-El Paso) said Texans should ask themselves before approving of the death penalty, "Do you want to be party to the execution of an innocent Texan?" He said that is where the state stands regarding death penalty reforms. "It's clear to me we have a system that's broken - that needs repair."