Death and Texas: The Unevolved Model of Decency
Texas Tech University School of Law
Nebraska Law Review, Vol. 90, No. 1, 2011
Professor Metze takes a critical look at Texas's substantive capital murder statute, Texas Penal Code § 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.
Number of Pages in PDF File: 104
Keywords: Texas Penal Code, Capital Murder, constitution, death penalty, capital offense, capital punishment, minorities
JEL Classification: K19
Date posted: October 1, 2011 ; Last revised: May 10, 2012