{"id":376576,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-capital-punishment-laws.html"},"modified":"2024-09-02T12:58:29","modified_gmt":"2024-09-02T17:58:29","slug":"texas-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-capital-punishment-laws.html","title":{"rendered":"Texas Capital Punishment Laws"},"content":{"rendered":"\n
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Texas Capital Punishment Laws<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The State of Texas leads the nation<\/a> in the number of executions in capital cases. Texas has one of the nation’s largest death row populations<\/a>. Capital punishment has a controversial history in the United States. The federal government executes in federal prisons, while most states, including Texas, have the death penalty as an option for capital murder.<\/p>\r\n

Historical Background<\/h2>\r\n

Capital punishment in America goes back to the colonial American execution of Captain George Kendall in Jamestown, Virginia. Texas’s history with capital punishment goes back to its pre-statehood days. By the time Texas joined the United States, it had executed eight people<\/a> by hanging. Texas’ first execution after it achieved statehood happened in 1924 via electrocution. Aside from a brief national moratorium based on the U.S. Supreme Court’s ruling in Furman v. Georgia<\/i><\/a>, capital punishment has always been the law in Texas.<\/p>\r\n

Impact of Furman<\/i> on Texas Capital Punishment Laws<\/h2>\r\n

Furman<\/i> is a critical U.S. Supreme Court case within the context of the historical background of the death penalty in America. In Furman<\/i>, the Court found that the imposition of a death sentence in this specific felony murder case unconstitutional. In the aftermath of Furman<\/i>, American states scrambled to close any unconstitutional loopholes in their capital punishment statutes. In 1972, two years after Furman<\/i>, Texas reinstated the death penalty.<\/p>\r\n

Today, Texas has executed over 235 persons convicted of capital murder since it reinstated the death penalty.<\/p>\r\n

Basis for Texas Death Penalty Cases<\/b><\/h2>\r\n

Texas reserves its death penalty for severe crimes such as capital murder. According to the Texas Penal Code<\/a>, capital murder involves specific circumstances, starting with the commission of murder under V.T.C.A., Penal Code \u00a7 19.02<\/a>. Special circumstances, including the following, escalate murder to capital murder:<\/p>\r\n