A Culture of Capital Punishment: A Look at Texas and the Death Penalty from Pre-Republic to Present

Abstract

The purpose of this paper is to explore previously untouched areas of analysis in Texas death penalty law in an attempt to broaden current understanding of how the people and politicians of Texas view the justifications for capital punishment. While the topic of modern capital punishment in Texas has been the subject of dozens if not hundreds of scholarly reviews, there is a noticeable gap in historical analysis of the Republic Era (approx. 1836 through 1845) criminal law through the early 20th century. The perception of this period is one of extreme lawlessness, of bandits and cowboys and Texas Rangers prowling the expanses of newly settled lands in search of prosperity. It is the intention of this paper to explore if this perception of lawlessness held true to what was actually occurring in the early stages of the criminal justice system, in terms of law, law enforcement, and specifically the death penalty. This paper will examine the cultural influences of the "six flags over Texas," and how influences from different legal systems had an impact on how death penalty law developed, specifically in the years leading up to the 1923 change in Texas law. It will conclude with a short case study in a current Texas county, to further highlight the tension between pro-and anti-death penalty advocates in the state today and to illustrate how in a century of debates, Texas still holds fast to the necessity of the death penalty in its criminal justice system