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Death and Texas: The Unevolved Model of Decency

104 Pages Posted: 1 Oct 2011 Last revised: 10 May 2012

Patrick Metze

Texas Tech University School of Law

Date Written: 2011


Professor Metze takes a critical look at Texas's substantive capital murder statute, Texas Penal Code ยง 19.03, the current state of the law, the available constitutional history of each paragraph, the Texas Legislature's expansive growth of death eligible crimes, and the Court of Criminal Appeals' complicity in this development, arguing that the statute has become violative of due process as unconstitutionally vague in its application, returning Texas capital jurisprudence to its genesis, exposing virtually all that commit murder in Texas to a system that once again has become arbitrary, capricious, and discriminatory in its application to minorities and in particular to African Americans.

Keywords: Texas Penal Code, Capital Murder, constitution, death penalty, capital offense, capital punishment, minorities

JEL Classification: K19

Suggested Citation

Metze, Patrick, Death and Texas: The Unevolved Model of Decency (2011). Nebraska Law Review, Vol. 90, No. 1, 2011. Available at SSRN:

Patrick S. Metze (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford Ave.
Lubbock, TX 79409-0004
United States
806-834-2395 (Phone)
806-742-4199 (Fax)


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