Posted 5/22/2005 01:41:00 PM by Douglas

Sometimes I think that the Texas legislature is functionally retarded. I honestly didn't know that a life sentence with no parole wasn't even an option in Texas, nor could I have guessed that there are members of the Leg that are fighting it.

In Texas, the state that leads the nation in executions, lawmakers are considering an option already available in all but one other death penalty state: life without parole. Death penalty opponents think a sentence that would ensure murderers never get back on the streets would make a death sentence less appealing.

Currently, juries in Texas capital murder cases here have two choices — death or life in prison with the possibility of parole after 40 years.

A measure approving life without parole passed the Senate last month but has stalled in the House, with the session set to end May 30.

How could it be a bad thing if juries had more options? Right now the choice for capital murder is the chance of parole after 40 years, or death. So are they worried that if the 'no parole' option is on the books, there will be fewer death penalties handed down? Well, yes:

But many lawmakers and prosecutors are skeptical of life without parole, saying it would decrease the number of death sentences and their ability to deter crime.

"If you take away the ultimate penalty, maybe it's not enough of an incentive to stay out of trouble," said Rep. Beverly Woolley, a Houston Republican.

Deter crime? I don't know where I come down on the whole death penalty issue, but I never really bought that 'deter crime' argument. Texas executes more people than the other 49 states put together, so if it's such a great deterrent, why is there still crime in Texas?

And really, when you consider deterrents, which is worse: Dieing in prison 40 years from now after a lifetime of incarceration, or dieing in 5 years after your appeals are up from a needle in the arm?