The Texas "Law of Parties" (7.02)
When They Execute You for Just Being There
Executions are not reserved just for the most heinous crimes anymore, and actually there are states considering the crime of child rape, to be punishable by death. Louisiana has already sent one man to death row for a crime of rape, and not murder. According to The Christian Science Monitor, Patrick Kennedy has been sentenced to die for the rape of a minor.
Along with Louisiana, South Carolina, and Texas are also considering "child rape" to be punishable by death.
Nobody likes a child rapist, and our children must be protected somehow, but aren't there alternatives, other than the death penalty? I feel if we start killing rapists, along with murderers, what will be next? Is our nation turning the death penalty into an alternative to prison?
The leading state of executions, Texas, has another law on their books that allows someone to be sentenced to die for being present at the scene of the crime. That law is called the Texas Law of Parties (7.02). It's a law that claims you can be "criminally responsible for the conduct of another." You don't have to necessarily be the "triggerman," and the courts can know this, but yet they can sentence you to die. Over 80 inmates are said to be at The Polunsky Unit in Livingston Texas are on death row, sentenced under "The Law of Parties." Inmates that the courts know have not actually murdered anyone.
According to Texas Legislation website you can be sentence to death according to the Law of Parties if:
"(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;" of "(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense." and 4th "(b) If, in the attempt to carry out a conspiracy to commit felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy."
I interpret that as saying, even if you are with someone or a group of people, and intending to commit, lets say a robbery. Even if you do not know someone has a gun, and you have no knowledge that they will use it, murder someone, you can end up on death row? Yes, that is exactly what it states. In other words, you need to know who your with and be able to read their mind. It's a law of "association," which other states have similar laws, but when it comes to a capital murder charge, it's Texas that enforces it.
There is surely something wrong with the death penalty being done unto one who did not cause death. Society must learn that it is responsible to take into account that until the trigger is pulled, or until the knife breaks skin there is time for the assailant to back out from the crime, and if someone pulled no trigger and broke no skin it cannot "reasonably" be said that he proved beyond doubt that he would not have acted on behalf of his fellow man and victim. His act did not show his intent to never show mercy.
In August of 2007, Governor Rick Perry granted clemency to then death row inmate Kenneth Foster, whose involvement in a robbery resulted in another mans crime of murder. The high profile case brought attention to Texas and The law of Parties. Foster had been the first inmate in years to be granted clemency and is now in a Texas prison doing life.
What will happen to the remaining inmates on Texas death row, sentenced under the "law of parties"? Another inmate, Jeff Wood's has an execution date of August 21, 2008. Wood's was also sentenced to die under the Law of Parties. Is Texas about to execute another man who was not the murderer? You can read more about Wood's here.
Sources:
Associated Content
http://www.associatedcontent.com/article/832923/texas_gives_execution_date_to_man_who.html?cat=17
Christian Science Monitor
http://www.csmonitor.com/2003/0908/p02s02-usju.html
Texas Legislation website
Published by Dee
I am a prison activist/advocate writing about prison issues, hoping to make awareness, and bring reform. One out of every thirty-two people in the USA are currently on parole, probation or in prison. I am ow... View profile
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11 Comments
Post a CommentMy son is charged under law of the parties. He was scammed by some old high school friends into driivng somewhere, they committed a crime got one year in prison and they want my son in for 2!
A loved one was sentenced under the TEXAS Law of Parties and I see many many cases on TV where the guilty party was a drunk driver who actually killed someone gets by with a lighter sentence. I can understand that each case is different but to assume that just because a person was with the wrong group at the wrong time make them guilty is absurd. I think that the Law of Parties should be revised as I'm sure many people are serving large sums of time for crimes not even contemplated nevertheless comitted on their part.
How can the law of parties be implemented correctly when the innocent are getting life and the ones that actually hit and hurt this person with a medal object is the states witness and she will say anything that they want her to say and well she actually gets only 20 years and she did hit this person with a medal object along with her cousins and the ones that did not hurt or hit this person and did not intend to hurt this person and were only there and were scared and did not know what to do because they were scared was given a life sentence for not hitting or hurting this person there was no plan but the states witness says there was well she had to say what they wanted to hear because she will be out this year and she only served only 20 years her lies and the overzeaulos district attorneys that wanted to convict everyone on the law of parties give the real killers a pat on the back and the lies were welcomed and recorded in the courts how fair do you think the law of parties is use
Kim Barnett,
I disagree, for many reasons. This law was established 1860's for bank robbers & murderers, acting together, for one intended purpose.
It's now seldom used, in our court system, but let me ask you a question. Do you know anyone, or know of anyone, that have been victims, of drive-by shootings? A case I'm working on, is of this nature of crime, & although the same individuals were involved, after the first attempt failed, they repeated their second attempt, with another shooter, of the same group, all being participants in both drive-by's. Since the vehicle used in both, was a rental, & two of the occupants were shooters on different dates, with the same intended targets, this statute should have been applied, & wasn't! I should also mention, that in the interrogation/ arrest, confessions procedures, there was 'no' remorse shown, given, or intended, in regards to their crimes or their victims. This is a prime example of this statute, & it's importance, to sta
I agree. What can we do? Please give me names, address and a direction and i will help in trying to change this. I think it needs to be abolished. Also we need to get the word out about it. So many people have no idea that this law is in effect.
My husband was sentenced under 'Law of Parties' in the Great state of TEXAS I think maybe some one who is actually guilty should just have a simple charge not to be charged with the crime, then next they add more by 'law of Parties' Just some more drama really. just make it one charge not add another one to it.
I believe that all criminals need to be punished. That punishment does not have to be death penalty though.
Always a great job thanks!!!!!
Thanks Dee..another great article!
I am against the death penalty period. Life is prison should work, but nobody has the right to take another person's life. Just my opinion.