The Law of Parties in Texas--we need to do something about it.

[readmoreoften]

Hey y'all. I attended a rally against the Law of Parties in Austin yesterday and it really blew my mind. Law and Order reform isn't my usual area of activism but I found this issue to be exceptionally egregious. The issue is currently being scheduled to go before the Texas senate. Please contact your Dem reps to tell them how you feel about this issue.

The Law of Parties basically states that if a group of people are involved in a felony and one person in the group kills someone, all are equally responsible. When I first heard that, I thought of, say, an armed robbery gone wrong where the trigger man and the assistant both get the maximum sentence. But the way this is applied goes way, way, WAY beyond such situations. Basically, this law sends people to death for being at the wrong place at the wrong time. It allows prosecutors to round up everyone at a crime scene, declare them all potential "masterminds", and sentences to death (although more recently they are also giving the more "liberal" sentence of life without parole.) Sometimes the actual confirmed killers are permitted to go free in exchange for turning states evidence in other cases, etc., while those who just happened to be in the car are executed.

Here are some scenarios described by the families (wives, mothers, brothers, young children--white, black, latino, middle class or poor):

*In one case, a young man dropped a few acquaintances off at a convenience store. The acquaintances stole some beer, were confronted by a clerk, and one of them shot the clerk. The young man who dropped off his acquaintances, who was not even there during the crime, is scheduled for execution on death row.

*In another case, a young man was dropped off by some friends after a party, the friends continued onto a drug deal, one killed somebody in an argument. The young man in question was at home with his wife and children when the murder was committed. But because he was in the car before the crime, and because he was told about the incident after the crime, he is on death row awaiting execution.

*In another case, a 19 year old man (with proven learning disabilities) drove his roommate to a convenience store to buy some soda (or so he was told.) The roommate robbed the store and shot the clerk. The young man in question was so oblivious to the crime that he was pumping gas while it occurred. Of course the roommate with the gun ran out and told him to "go go go". Because he "went went went", he is now on death row awaiting execution. Meanwhile, his now 8 year old daughter is writing poems about how much she loves her dad, how he is her best friend, and how our state is going to execute her best friend.

None of the families felt that their relatives should not face time for the initial felony charge if they were involved (buying drugs, selling drugs, etc.) but only that they should not be executed for the unpredictable actions of a friend, or even a friend of a friend.

So if you see the "law of parties" come on the table, please consider talking to your friends and family and certainly your representatives about voting to overturn this terrible law.







http://texasdeathpenalty.org/index.php?option=com_content&task=view&id=37&Itemid=59

[Honeycombe8]

1. I don't believe any scenarios, typically, unless there are citations to the sources,

so the facts can be verified.

This reminds me too much of all those Repub e-mails that make the rounds with supposed "cases" of outragious jury awards for personal injury, or instances of this or that. None of them cited to sources, of course, because they do not exist, or the facts are overstated, or important facts are left out.

It seems to me that if these awful things are happening, it would be easy to cite sources of facts of those cases.

[Why Syzygy]

3. Did you

read the information at the link? One of the examples cites a case wherein four men had participated in two armed robberies earlier in the evening. Then when one of them jumped out of the car later to pursue the victim and shot her, the others in the car are claiming they are "not guilty". I don't buy that at all. If someone has been waving a gun around to rob people, and later a victim is actually killed, there's culpability. The excuse seems to be, "they didn't KNOW he was going to shoot her". Not buying it.

Personally, I object to the death penalty in all cases. There's a post in my Journal explaining why. I never would have been on that jury. However, participating in armed crimes indicates, to me, a willingness to use lethal force, and not having one's finger on the trigger is no excuse.

[Baby Snooks]

8. The death penalty...

I used to have mixed feelings about the death penalty until I read about Ruben Cantu and the matter of his having been convicted and sentenced to die merely on the testimony of eyewitnesses who later recanted and claimed they had been coerced into testifying against him. That is very scary to think about for all of us. Not only could any of us be framed for a murder we didn't commit but be sentenced to die for it. Just on the testimony of one person. All it takes. One person who could be lying. And in the case of Ruben Cantu, was. So I believe the death penalty should be abolished in this country. Not just Texas.

I don't think the law of parties is sufficient to sentence someone to die and yet it has been used to do so. That is scary as well particularly with regard to the possibility that once again the only evidence is eyewitness testimony. Of course Texas is just scary at times to be honest. We really have no "oversight" over our prosecutors. Few realize that. The AG's Office basically takes the position that it's up to the voters to remove a district attorney and apparently the AG makes the call as to whether a district attorney's behavior is such that it warrants investigation and procedural removal by the AG's Office. I'm not sure it ever has ever even investigated a district attorney.

[Why Syzygy]

9. Ironic that the state of Texas cannot seem to mount

an effective prosecution against Tom Delay, though. :grr:

[Baby Snooks]

2. It's much more complex than this...

Without doubt the law has been used to promote the curious "law and disorder" that abounds in Texas but the reality of the law is that it is a sound law. If you participate in a crime and the crime turns into a case of capital murder, you have participated in the capital murder as well. That may sound harsh. Unless you're a victim. It is only applied, it seems, to capital murder cases. It is applicable to any felony.

I am a stalking victim. I am also the victim of what is known as gang stalking. When I filed the first of two complaints, friends of the stalker orchestrated a vendetta against me in an attempt to discredit me and in the process discredit my complaint. Despite it having been documented. They also destroyed my life. Under the law of parties, they could be charged as well. And should have been. I have no sympathy for "participants" for the obvious reason. Conducting a vendetta against a stalking victim is reprehensible. And also quite commmon.

Stalking may seem like a joke to people. It isn't.

[Downwinder]

4. Does the "law of parties" apply to other than capital crimes?

[Baby Snooks]

5. Unless they've changed the statute it does...

It applies to participants in any felony crime. It appears to be applied by prosecutors, however, only with regard to capital murder.

And therein lies the problem. I would suspect it is another means by which to "keep minorities in their place" which in Texas often means keeping them in prison and preferably putting them on a gurney.

The law is sound. Its application is probably not.

[Downwinder]

6. So under Texas law if George W is guilty of torture all Repubs are guilty.

or

If someone in a protest commits a felony all of the rest of the protesters are guilty of the same crime.

[Baby Snooks]

7. No

It's not merely a matter of "guilt by association" but "guilt by association by act."

Using the protest as an example, if the protest turns violent and you remain you could possibly be charged if a felony is committed after the point the protest turned violent. The association by act is your remaining. If you walk away, there is no association by act.

[sonias]

10. Texas Moratorrium Action Alert for today 5/7/09

Texas Moratorium Network - Law of Parties web site
The Law of Parties Bill (HB 2267) is scheduled for a vote on the floor of the Texas House of Representatives.

I just talked to Terri Hodge's office at 11:15 PM tonight and found out that HB 2267 (the Law of Parties bill) passed the Calendars Committee today and was placed on the General State Calendar for a vote by the full House May 8, which means it will likely be voted on this Friday on the floor of the House. Hodge's office says there is a small chance they could vote on it as soon as Thursday sometime, but more likely it will be Friday.

Number one priority is if you live in Texas call your own Texas state representative today and urge them to vote for HB 2267. After you call your own state representative, you can just start calling any other State Representative and urge them to vote for HB 2267. Click here for a list of all Texas State Representatives and their contact information.

(snip)

If passed, this bill would prohibit the Texas from seeking the death penalty for people who do not kill but are convicted under the Law of Parties and it would require separate trials for co-defendants in death penalty cases.



Tell the office you call that HB 2267 is on the General State Calendar for May 8.

(snip)

This is what we have been working so hard for the last several months! The hard work is paying off. Like with every bill, we could still lose the floor vote, but if people make calls to their state representatives, then that will improve our chances.

Sample Message (change it to your own words) "Hello, I am calling to urge Representative X to vote in favor of HB 2267, the Law of Parties bill. It is on the General State Calendar for May 8. HB 2267 would require separate trials for co-defendants in capital trials and would prohibit the state from seeking the death penalty for people who do not kill anyone but are convicted under the Law of Parties. I do not believe it is fair to sentence someone to death, like Kenneth Foster was, if they did not kill anyone.

The Law of Parties allows people who "should have anticipated" a murder to receive the death penalty for the actions of another person who killed someone. A person sentenced to death under the Law of Parties has not killed anyone. They are accomplices or co- conspirators of one felony, such as robbery, during which another person killed someone, but a person should not be executed for the actions of another person.

Thank you and call your state rep today!

Scott Cobb
President, Texas Moratorium Network

There is much more including some video at link above.

:kick: for action!

Sonia

[sonias]

11. Good news - HB2267 made the midnight deadline and passed yesterday!

Grits for Breakfast blog 5/15/09
Rethinking the 'Law of Parties'
HB 2267 Hodge - Would require severing trials in capital cases involving the law of parties and make the maximum penalty for nonkiller accomplices in capital cases life without parole. See prior Grits coverage - link below

Grits for Breakfast blog 5/12/09
Tuesday, May 12, 2009
'Worst of the worst'? House will consider 'law of parties' in capital cases
Should the death penalty be applied only to the worst of the worst, or also to those who associate with them?

That's a question the Texas House will answer today when they take up and consider legislation to eliminate the death penalty for accomplices who didn't kill anyone based on the "law of parties." The issue rose in prominence last year when Governor Rick Perry commuted Kenneth Foster's death sentence under the law of parties and called on the Legislature to reconsider the issue of whether accomplices in capital murder cases should receive separate trials.

This is fantastic news! Congratulations for keeping a very important bill alive. I'm hoping it survives the Senate and passes!

:bounce::bounce::bounce:


Sonia