Future Dangerousness in Texas Death Penalty

• In Event: Mitigation in Capital Cases

Abstract

Future dangerousness in Texas death penalty cases was analyzed through content analysis of 18 transcripts from Texas capital cases from 2005 to 2015. Two sets of cases were examined and compared; the first set consisted of the only nine cases in Texas resulting in a finding of no future danger during the specified decade. The second set of cases resulted in a finding of future danger and subsequently, a death sentence. This group of cases was matched to the first group using case characteristics. The primary assumption of this research was that salient factors, if any were found, would be different between the two groups of cases. Ultimately, the goal of the research was to assess whether the Texas death penalty scheme provided guided juror discretion and individualized sentencing, as mandated by Furman (1972).
The results provided some support for the conclusion that the current Texas death scheme involves guided juror discretion and individual sentencing as mandated in Furman (1972). It is important to note, however, that for most factors examined there was no substantive differences between the two sets of cases.

Author

• Lisa Holleran, St. Edward's University