Capital Punishment in Texas - History

History

See also: Capital punishment in the United States and List of individuals executed in Texas

Prior to statehood in 1845, eight executions were carried out; all were by hanging. Upon statehood, hanging would be the method used for almost all executions until 1924. Hangings were administered by the county where the trial took place. The last hanging in the state was that of Nathan Lee, a man convicted of murder and executed in McKinney, Texas on August 31, 1923. The only other method used at the time was execution by firing squad, which was used for three Confederate deserters during the American Civil War as well as a man convicted of attempted rape in 1863.

Texas changed its execution laws in 1923, requiring the executions be carried out on the electric chair and that they take place at the Texas State Penitentiary at Huntsville (also known as Huntsville Unit). From 1928 until 1965, this was also home to the state's male death row. The first executions on the electric chair were on February 8, 1924, when Charles Reynolds, Ewell Morris, George Washington, Mack Matthews, and Melvin Johnson had their death sentences carried out. The five executions were the most carried out on a single day in the state. The state would conduct multiple executions on a single day on several other occasions, the last being on September 5, 1951. Since then, the state has not executed more than one person on a single day, though there is no law prohibiting it. A total of 361 people were electrocuted in Texas, with the last being Joseph Johnson on July 30, 1964.

The United States Supreme Court decision in Furman v. Georgia (408 U.S. 238 (1972)), which declared Georgia's "unitary trial" procedure (in which the jury was asked to return a verdict of guilt or innocence and, simultaneously, determine whether the defendant would be punished by death or life imprisonment) to be unconstitutional on the grounds that it was a cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution, essentially negated all death penalty sentences nationwide. At the time of the decision 52 inmates (45 on death row and seven in county jails awaiting transfer to TDCJ) had been given the death penalty; all were commuted to life in prison.

The Furman decision led to a 1973 revision of the laws, primarily by introducing the bifurcated trial process (where the guilt-innocence and punishment phases are separate) and narrowly limiting the legal definition of capital murder (and, thus, those offenses for which the death penalty could be imposed). The first person sentenced to death under a new Texas statute was John Devries on February 15, 1974; Devries hanged himself in his cell on July 1, 1974 (using bedsheets from his bunk) before he could be executed.

The Supreme Court decision in Gregg v. Georgia in 1976 once again allowed for the death penalty to be imposed. (A Texas case was a companion case in the Gregg decision and was upheld by the Court; the Court stated that Texas' death penalty scheme could potentially result in fewer death penalty cases, an irony given that post-Gregg Texas has by far executed more inmates than any other state.) However, the first execution in Texas after this decision would not take place until December 7, 1982 with that of Charles Brooks, Jr.. Brooks was also the first person to be judicially executed by lethal injection in the world, and the first African American to be executed in the United States since 1967.

In the post-Gregg era Texas has executed over four times more inmates than Virginia (the state with the second-highest number of executions in the post-Gregg era) and nearly 37 times more inmates than California (the state with the largest death row population).

The TDCJ website maintains a list of inmates with scheduled execution dates, which is generally updated within 1–2 days after an execution date is set, an execution takes place, or a stay of execution is granted and the date withdrawn.