Texas (TDMN)– Billy Miller took his last breaths in the Huntsville Unit execution chamber on July 20, 2021. He had been there since early July. The procedure, on the other hand, was everything but tranquil. Miller sputtered and wheezed for thirteen minutes before finally succumbing to the injection combination that was intended to kill him. It was not an unusual occurrence. In point of fact, the continuing employment of the death sentence in Texas raises severe doubts about the humanity and legitimacy of the state’s execution practices with several botched executions.
With nearly 570 executions carried out since 1982, Texas is the state that leads the nation in this regard. In spite of the fact that it is widely used, the system is completely flawed, which means that it constitutes a cruel and unusual punishment that is in violation of the Eighth Amendment.
The Troubled Past of Executions in Texas: A History of Injustice in the State of Texas
When it comes to the use of the death penalty, Texas’s past is replete with barbaric acts. Before the electric chair, which was thought to be more merciful, became the standard method of execution in 1923, public hangings were commonplace until the early 20th century. But even electrocution proved to be a terrible method of execution, with prisoners frequently convulsing and burning for extended periods of time.
In 1972, the Supreme Court heard the historic case of Furman v. Georgia, which marked a turning point in the case. As a result of the Supreme Court’s decision that existing death penalty legislation, including those in Texas, are arbitrary and capricious, a countrywide moratorium on executions has been implemented.
In response, the state of Texas revised its rules on the death penalty, implemented a bifurcated trial process, and reduced the eligibility requirements for the death penalty for murder. Because of these modifications, the Supreme Court of the United States decided in the case of Gregg v. Georgia (1976) that the reformed system was constitutional.
The Existing System: Is It Possible to Achieve Fairness?
The process of putting someone to execution in Texas consists of two stages of the trial. To begin, a jury selects the guilty party. If the defendant is found guilty, a second hearing will be held to determine the sentence, and the jury will decide between the death penalty and life in prison. Despite its apparent structure, this system does not achieve the desired result of ensuring justice.
There is a problem with racial inequality in the Texas death penalty. Even when the seriousness of the crime is taken into account, the Death Penalty Information Center reports that black defendants are sentenced to death at a rate that is disproportionately higher than that of white defendants during the same time period. According to the findings of a survey conducted by the Texas Defender Service in 2017, for example, although black individuals make up one third of the state’s population, they account for fifty percent of the state’s death row convicts.
The system is further skewed according to socioeconomic characteristics. Complex legal methods are frequently utilized in cases involving capital murder. Nevertheless, defendants who are unable to pay their legal fees typically do not have access to adequate legal representation, which places them at a major disadvantage. Because of this deficiency of resources, the consequences could be life or death.
Bringing to light the terrible possibility of executing innocent people is the mission of the Innocence Project, a non-profit organization whose mission is to clear the names of those who have been wrongfully convicted. Since 1973, there have been 18 people who have been exonerated from death row in the state of Texas alone, which serves as a sobering reminder of the vulnerability of the system.
The Problem with Lethal Injection: A Methodology That Is Not Without Flaws
Execution in the state of Texas is currently carried out by the use of lethal injection. This technique, which appears to be sanitized, poses ethical difficulties from its own perspective. The three-drug cocktail that is utilized is frequently unreliable, and certain medications are exceedingly difficult to get due to the ethical stands taken by pharmaceutical corporations. As a result of this shortage, there is a possibility that there could be delays and the adoption of alternatives that have not been evaluated, which raises worries about greater suffering.
The fundamental essence of fatal injection is that it causes a great deal of discomfort. Missed executions, such as the one that occurred with Billy Miller, are a sad reality. It is possible for inmates to gasp, convulse, and even appear conscious for extended periods of time, which raises serious problems about whether or not this manner of punishment constitutes cruel and unusual punishment.
Beyond the Brutal: The Effects on Patients’ Mental Health
In addition to the execution chamber, the death sentence has repercussions that are far-reaching. People who are on death row frequently spend years, and sometimes even decades, in solitary confinement on death row. Isolation for an extended period of time can result in significant mental health problems, such as anxiety, depression, and even psychosis.
There is further emotional burden to be felt after that. Families of people who have been sentenced to death are in a position of continual limbo, struggling with the possibility of closure or the torturous wait for an execution date. This whirlwind of emotions has the potential to drive families apart.
Even witnesses and those who carry out executions are not exempt. According to a number of studies, taking part in the act of taking another person’s life can result in post-traumatic stress disorder as well as other psychological difficulties.
Is the use of the death penalty an ineffective means of deterring delinquency?
To justify their position, advocates of the death sentence frequently point to the concept of deterrence. Nevertheless, the findings of the research on the subject are inconclusive. There have been a great number of studies that have failed to demonstrate a definitive connection between the death penalty and lower crime rates.
Moreover, the death penalty comes with a significant financial burden. It is substantially more expensive than life imprisonment without the possibility of release due to the extensive legal hearings, pre-execution housing, and additional procedures that must be completed after the execution.
There are various alternative forms of punishment that are capable of satisfying the objectives of justice and public safety in an efficient manner. A permanent remedy for dangerous offenders, life imprisonment without the possibility of release eliminates the possibility of executing an innocent person while also providing a permanent solution.
Voice of the People: Shifting Public Opinion in the United States
In recent years, there has been a consistent movement in the public’s perspective toward the death sentence. The percentage of Americans who support the death penalty has reached an all-time low, according to a Gallup poll conducted in 2021. A poll conducted by the University of Texas at Austin in 2020 found that the majority of people living in the state of Texas are against the use of the death sentence.
This drop in support might be attributed to a number of different things. The increased awareness of those who have been wrongfully convicted brings to light the fallibility of the system. There are also concerns regarding the fiscal accountability of the death penalty due to the expensive expense of the death sentence in comparison to the cost of life imprisonment. In conclusion, even for the most egregious of crimes, many individuals struggle with the ethical implications of taking a life by whatever means necessary.
Restorative justice projects are gaining traction as an alternative to traditional legal systems. These programs have an emphasis on healing for the families and communities of victims, and they frequently involve communication with the offender in order to gain an understanding of the underlying causes of the crime.
What Is the Way Forward
There is no denying the fact that the system of the death sentence in Texas is flawed. In addition to the possibility of innocent persons being put to death, the system is plagued by racial bias, which restricts access to experienced defense attorneys. Further evidence that reform is necessary is provided by the psychological toll that is taken on all parties involved, in addition to the absence of a demonstrated deterrence impact.
Setting a moratorium on executions in the state of Texas is an important first step. By pausing the process, it would be possible to conduct a thorough examination of the system, during which concerns regarding racial unfairness, access to legal representation, and the dependability of lethal injection would be addressed.
Additionally crucial is the reform of legislation. Policies that aim to reduce racial inequities in sentencing and guarantee access to legal representation that is competent are of the utmost importance. In addition, the investigation of alternative kinds of punishment, such as life without parole and restorative justice programs, provides a method that is both more humanitarian and potentially more effective in terms of delivering justice.
When it comes to moving forward, public education and outreach are extremely important factors. It is essential to have open conversations regarding the morality and efficiency of the death sentence in order to educate the general public and effectively campaign for its reform.
Final Thoughts
The execution of the death penalty in Texas is a practice that is both flawed and brutal. The protection against cruel and unusual punishment that is guaranteed by the Eighth Amendment is violated by a system that is characterized by racial bias, the possibility of false convictions, and the psychological burdens that it imposes on individuals.
In the state of Texas, there is an opportunity to break free from this heritage of injustice. Moving toward a justice system that is more humane and efficient can be accomplished by the state through the implementation of a moratorium, the enactment of legislative change, and the promotion of open debate. It will be a monument to the strength of choosing a different path that the lives that are saved and the communities and communities that are restored.
Additional Resources
- Death Penalty Information Center: https://deathpenaltyinfo.org/
- Amnesty International: https://www.amnesty.org/en/what-we-do/death-penalty/
- Texas Coalition to Abolish the Death Penalty: https://tcadp.org/
This article provides a starting point for further exploration. We encourage readers to delve deeper into the resources listed above and engage in informed discussions about the future of capital punishment in Texas.