Rick Perry - Crime

Summary

Governor Perry supports the death penalty and has dealt with numerous issues in Texas relating to the measure. In 2002, the supreme court stepped in and ruled it unconstitutional to execute a mentally retarded person. Governor Perry responded by stating that Texas allows the jury to take mental capacity into account when determining the penalty for the assailant. He stated that the person in question met the criteria for understanding their actions and was sentenced according to law. Governor Perry had previously vetoed legislation which would have altered the handling of cases to effectively prohibit capital punishment for anyone deemed mentally retarded. Governor Perry noted that the problem with the legislation was that it removed the decision for mental capacity from the jury.

In 2005, Governor Perry reacted to a supreme court ruling that anyone under the age of 18 when they committed a crime could not be sentenced to capital punishment by halting any scheduled executions for someone meeting that criteria. He stated that if the state legislature passed a law to make the Texas law agree with the ruling, then he would sign it. In 2008, Governor Perry reasserted his support for the death penalty in reacting to a supreme court decision on lethal injection by stating that it was an appropriate response for the most violent crimes against our fellow human beings.

Also in 2005, Governor Perry signed legislation that would allow the sentence of life without parole. Such an option was not previously available.

Juvenile Justice Advisory Board

In November of 2001, Governor Perry released a press statement noting his creation of a juvenile justice advisory board, and making the board the sole agency for supervising state plan on juvenile justice.

RP9 - Establishing the Governor's Juvenile Justice Advisory Board
Friday, November 30, 2001 • Executive Order

GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
November 30, 2001

WHEREAS,the State of Texas recognizes the responsibility of the State and its political subdivisions in the field of juvenile justice and delinquency prevention; and

WHEREAS, there is a need for effective statewide planning and coordination of juvenile justice and delinquency prevention activities and for implementation of the provisions of the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974, as amended, in the State of Texas.

NOW, THEREFORE, I, Rick Perry, Governor of the State of Texas, by virtue of the power vested in me, do hereby designate the Governor's Criminal Justice Division as the sole agency for supervising the preparation, administration, and implementation of the state plan on the Juvenile Justice and Delinquency Prevention Act in Texas, and hereby continue the existence of the Governor's Juvenile Justice Advisory Board (hereafter the "Board").

The Governor shall appoint the Juvenile Justice Advisory Board.

The Board shall consist of not fewer than 15 or not more than 33 members. These members shall possess training, experience, or special knowledge in the prevention and treatment of juvenile delinquency or the administration of juvenile justice.

Membership on the Board shall include:

a. at least one locally elected official representing general purpose local government;
b. representatives of law enforcement and juvenile justice agencies, including juvenile or family court judges, prosecutors, counsel for children and youth, and probation workers;
c. representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services;
d. representatives of private nonprofit organizations, including persons with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, and those concerned with the quality of juvenile justice, education. or social services for children;
e. volunteers who work with delinquents or potential delinquents;
f. youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities;
g. persons with special experience and competence in addressing problems related to school violence and vandalism, and alternatives to suspension and expulsion; and
h. persons with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence

A majority of the Board's membership, including the chairperson, shall not be full-time employees of the federal, state, or local government.
At least one-fifth of the Board's membership shall be under the age of 24 at the time of appointment.

At least three members of the Board shall have been, or currently be, under the jurisdiction of the juvenile justice system.

The Governor shall designate a chairman.

Pursuant to federal regulations governing implementation of the Juvenile Justice and Delinquency Prevention Act, the Governor's Juvenile Justice Advisory Board is designated as the Supervisory Board. Duties of the Supervisory Board shall be as follows:

• Advise the Governor's Criminal Justice Division, Justice Programs, Juvenile Unit on matters pertaining to juvenile justice and delinquency prevention, including Title II of the Juvenile Justice and Delinquency Prevention Act;
• Participate in the development and review of the State's Juvenile Justice and Delinquency Prevention Three-Year Plan, which may be updated annually as needed;
• Submit to the Governor and the Legislature recommendations regarding state compliance with the requirements of Subchapter II, Part B, Sections 223(A)(12), (13), and (14) of the Juvenile Justice and Delinquency Prevention Act and all fund sources provided to the Governor's Criminal Justice Division from the Office of Juvenile Justice and Delinquency Prevention under the JJDP Act and the federally appropriated Juvenile Accountability Block Grant (JABG); and
• Consult and seek regular input and suggestions frequently from juveniles currently under the jurisdiction of the juvenile justice system.
• The Juvenile Unit of the Governor's Criminal Justice Division shall afford the Board the opportunity to set priorities in the area of juvenile justice and delinquency prevention. The Board shall assist local communities through the Regional Councils of Governments to review, comment, and prioritize grant applications submitted for funding from the Governor's Criminal Justice Division.
• The Board shall meet at least annually and at such other times as may be necessary and appropriate.

All state officials and employees shall serve in addition to the duties of their respective offices or employment.

All members of the Board shall serve without compensation. Necessary travel and per diem expenses may be reimbursed when such expenses are incurred in direct performance of official duties of the Board.

The Executive Director of the Governor's Criminal Justice Division shall serve as an ex-officio, non-voting member of the Board.

The Governor shall fill any vacancy on the Board caused by death, resignation, or inability to serve. Inability to serve may include failure to attend three consecutive meetings, either in person or by designee.

All members of the Board shall serve at the pleasure of the Governor.

The chairman or the executive director of the Governor's Criminal Justice Division may appoint qualified persons to advise the Board concerning specific juvenile justice matters. Such persons shall serve without compensation but may be reimbursed for reasonable and necessary expenses upon approval of the executive director of the Governor's Criminal Justice Division.

This executive order supersedes all previous orders and shall remain in effect and in full force until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Ruling on Mental Capacity and the Death Penalty

In 2002, the state of Texas was embroiled in a controversy over the execution of a man that was mentally retarded. In June of that year, the Supreme court ruled that such an execution was illegal. Governor Perry responded to that ruling in a press statement noting that the execution met the three pronged condition for the death penalty.

In 2001, Governor Perry vetoed House Bill 236. HB 236 would have prohibited a death sentence for any defendant found to be mentally retarded. If the defendant was found guilty of capital murder, the defendant during the sentencing phase could have requested the submission of a special issue for the jury to determine whether the defendant was mentally retarded. If the jury found the defendant mentally retarded, the court would have had to sentence the defendant to life imprisonment. Evidence of mental retardation currently can be considered as mitigating evidence in determining whether a life sentence should be imposed. 

If a jury found that the defendant was not mentally retarded and sentenced the defendant to death, the defendant could have petitioned the court to appoint two disinterested experts to examine the defendant. If, after considering the experts’ findings and those of experts offered by the prosecution, the court found the defendant to be mentally retarded, it would have had to sentence the defendant to life imprisonment. Appeals of the finding to the Court of Criminal Appeals would have had priority over other cases. (Below are quotes from Governor Perry in the recording of the veto.)

I support legislation that improves Texas’ criminal justice system, measures that make it fairer to defendants and that ensure justice is achieved — not just for defendants but victims as well. That is why I have signed legislation to provide for genetic testing in cases where it can resolve a question of guilt or innocence and legislation that established for the first time statewide standards for the appointment of defense attorneys for indigent defendants facing a death sentence. Both of those laws, I believe, protects victims and defendants.

To characterize House Bill No. 236 as a law to ban the execution of the mentally retarded is misleading. This legislation is not about whether to execute mentally retarded murderers. We do not execute mentally retarded murderers today. It is about who determines whether a defendant is mentally retarded in the Texas justice system.

Texas’ criminal justice system already has numerous safeguards to ensure that defendants who have subaverage intellectual capacity and who also have significant impairments in adaptive functioning — components of the House Research Organization definition of mental retardation under Texas law — are not executed. Juries in Texas consider both these factors, as well as others, when issues of mental defects — whether they be mental illness, retardation or other deficits — are raised at trial. They are considered in separate pretrial competency hearings in front of a jury, in the guilt-innocence phase of the actual trial, and again in the sentencing phase of a trial.

My opposition to this legislation focuses on a serious legal flaw in the bill. House Bill No. 236 would create a system whereby the jury and the judge are asked to make the same determination based on two different sets of facts. In addition to fundamentally undermining confidence in the jury system, the provisions could trigger innumerable retrials. Also of grave concern is the fact that the provision that sets up this legally flawed process never received a public hearing during the legislative process.

House Bill No. 236 would take the Texas criminal justice system down an unprecedented and unwise course by undermining the jury system in capital murder trials. It would do so by giving judges the power to overturn a jury’s determination of whether a murderer is mentally retarded. And it would do so only when a defendant or defense attorney disagrees with a jury’s conclusion.

A cornerstone of Texas criminal jurisprudence is the principle that a jury is the proper and final decision-maker about the facts in a trial. Even when a criminal case is appealed, the courts recognize that a jury’s decision about the facts of a case is presumed correct.

Statement of Gov. Rick Perry on U.S. Supreme Court Decision
Thursday, June 20, 2002 • Press Release

“The U.S. Supreme Court, in the case of a Virginia murderer, today barred the execution of mentally retarded individuals.

“Texas will abide by the court’s ruling. The state’s lawyers will continue to analyze the ruling to determine its impact on Texas law. It may be months, however, before state and federal courts rule on the specifics of our Texas law.

“Texas does not execute mentally retarded individuals who meet the three-pronged test cited in the High Court’s decision.

“Under Texas law, juries are informed – at the guilt-innocence phase of trial and again at punishment – of a defendant’s mental competency, including mental retardation.

“Juries in Texas consider these factors – sub-average intellectual capacity, impairments in adaptive functioning, and the onset of these impairments prior to age 18 – as well as other mental deficits at trial. They are considered in separate pretrial competency hearings in front of a jury, in the guilt-innocence phase of the actual trial, and again in the sentencing phase of a trial.

“Last session I vetoed House Bill 236 because of a serious legal flaw in the bill. A provision in that bill would have the jury and judge make the same determinations on mental retardation based on conflicting and unrelated evidence. In addition to fundamentally undermining confidence in the jury system, this provision would have triggered innumerable legal questions.

“Under Texas’ current law, death-sentenced inmates have the right to raise new claims of mental retardation or to renew their claims of mental retardation in light of today’s court ruling.

“In 2001, I supported and signed into law two bills that improved our criminal justice system – DNA testing and indigent defense. If further improvements to our justice system are needed to address the issue of mentally retarded criminals, I will work with the Legislature on such legislation.”

Ruling on Age and the Death Penalty

In March of 2005, Governor Perry released a press statement noting a recent supreme court ruling that people who committed crimes while under the age of 18 were not allowed to be sentenced to the death penalty.

Statement of Gov. Rick Perry on U.S. Supreme Court Ruling on Death Penalty
Tuesday, March 01, 2005 • Press Release

AUSTIN – Gov. Rick Perry today released the following statement after the U.S. Supreme Court ruled 5-4 that states can no longer execute capital murderers who were 17 or younger at the time they committed their crimes.

"Today’s ruling by the U.S. Supreme Court gives further guidance to the states on imposition of the death penalty. Several bills are pending in the legislature that would bar execution of those under age 18. If a bill that brings Texas law in line with the court’s ruling reaches my desk I will sign it. Regardless of what the Legislature does, however, Texas will abide by the court's ruling.

"I will ask the Texas Board of Pardons and Paroles to begin reviewing the cases of the 28 Texas murderers affected by today's ruling, so they can recommend appropriate action after considering reviewing the cases.

"Since the U.S. Supreme Court announced in recent months that it would reconsider its previous policy of allowing the execution of juveniles, Texas has not executed anyone who was under 18 when they committed their crime. Prior to that, the state upheld the law as it was written and interpreted to ensure justice for the victims of some horrible crimes."

Life Without Parole

In June of 2005, Governor Perry signed legislation to give juries the option of sentencing people convicted of qualifying crimes to life without the possibility of parole. Governor Perry stated that he supported the legislation because it gave juries a mechanism to see that guilty would never walk the streets again.

I believe this bill will improve our criminal justice system because it gives jurors a new option to protect the public with the certainty a convicted killer will never roam our streets again.

Lethal Injection Ruling

In April of 2008, Governor Perry wrote a press statement noting the recent supreme court ruling on lethal injection as a form of administering the death penalty.

Statement by Gov. Rick Perry on U.S. Supreme Court Lethal Injection Ruling
Wednesday, April 16, 2008 • Press Release

AUSTIN – Gov. Rick Perry today issued the following statement regarding the United States Supreme Court’s ruling to uphold the method of lethal injection in capital punishments: “Texas is a law and order state, and I stand by the majority of Texans who support the death penalty as it is written in Texas law. It is an appropriate response for the most violent crimes against our fellow human beings.” “Today’s ruling by the U.S. Supreme Court affirms the method the State of Texas has in place to carry out the death penalty.”

2010 Campaign Website Statements 

Gov. Perry on Criminal Justice

Gov. Perry supports appropriate, just punishment as a strong deterrent to criminal behavior. Texas has strong laws that protect the innocent and ensure convicted murders serve their time.

Life without Parole Option. Gov. Perry signed legislation allowing juries the option of sentencing capital murderers to life without the possibility of parole, thereby eliminating future parole for persons convicted of capital murder.

Jessica’s Law. In 2007, Gov. Perry signed Jessica’s Law to increase penalties on child sex offenders. Under this law, Texas can seek the toughest punishment allowable for the predators who commit crimes of this nature, including the sentence of life without parole.

Protecting People against Drunk Drivers. As Lt. Governor, Perry backed lowering the legal blood alcohol limit to keep drunk drivers off Texas roads. As Governor, Perry signed legislation banning open containers of alcohol in vehicles, requiring interlock devices for drivers with a blood alcohol content of 0.15 or higher, and allowing prosecutors to seize and forfeit an offender’s vehicle after a third DWI conviction.

References

[1] Website: The Houston Chronicle Article: Perry signs life without parole bill Author: JIM VERTUNO Accessed on: 07/25/2011

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