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Politics : Stockman Scott's Political Debate Porch -- Ignore unavailable to you. Want to Upgrade?

To: Mao II who wrote (59729)	10/11/2004 2:35:43 PM
From: longnshort	Respond to of 89467

This says it all boston.com

To: Mao II who wrote (59729)	10/11/2004 2:43:36 PM
From: longnshort	Read Replies (1) \| Respond to of 89467

In Texas, the district courts have original jurisdiction for all criminal felony cases. If an individual is convicted of a capital felony, he or she may be subject to punishment by death, if the State sought such punishment. A capital felony is one in which an individual "intentionally or knowingly causes the death of an individual," under special circumstances. In particular, the: # murder of a public safety officer, firefighter, or correctional employee; # murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson); # murder for remuneration; multiple murders; # murder during prison escape; murder of a correctional officer; # murder by a state prison inmate who is serving a life sentence for any of five offenses; [or] # murder of an individual under six years of age1. In Texas, a person must be of at least 17 years of age at the time of the crime to have the death penalty imposed upon him or her2. After the verdict is rendered, if the defendant is found guilty, the case is automatically appealed to the Court of Criminal Appeals3. # If the prisoner loses in the Court of Criminal Appeals, he/she may then appeal the case to the following courts: the Texas Supreme Court; # the U.S. Circuit Court of Appeals; and finally to # the United States Supreme Court. Clemency When the entire appeals process has been exhausted, the Governor of the State of Texas still may have a limited power to grant clemency to the prisoner. In capital cases, the Governor has the constitutional authority to grant an offender one 30-day reprieve of a scheduled execution without a recommendation from the Texas Board of Pardons and Paroles. Upon recommendation from the Board, the Governor may grant one or more reprieves in a capital case for any period of time that does not exceed the period recommended by the Board members4. If the prisoner submits a timely request for a reprieve of execution, the Board must determine, by majority vote, whether to recommend to the Governor that a reprieve be granted. Similarly, if a death row inmate files a timely petition to the Board from for a commutation of sentence to a lesser punishment, such as life imprisonment, the Board will vote on whether to recommend the commutation to the Governor5.