Judge to Rule on Death Penalty Constitutionality

Texas' messy death penalty saga continues Monday in a Houston courtroom, where a district judge will for the first time in state history consider whether the risk of executing an innocent person makes capital punishment unconstitutional.

Harris County District Judge Kevin Fine is set to hold a hearing in the case of John Edward Green, who is charged with fatally shooting a Houston woman during a robbery in June 2008. Harris County prosecutors are seeking the death penalty in the case. But Green’s attorneys and capital punishment opponents want Fine to rule that prosecutors can’t seek the death penalty because the way it is administered in Texas is unconstitutional. They say they have proof that at least two wrongfully convicted men have been executed. With so many chances for error in the courts, they argue, Texas shouldn't risk putting an innocent person to death. “The current system is profoundly and fundamentally flawed from top to bottom,” says Andrea Keilen, executive director of the Texas Defender Service.

http://www.texastribune.org/texas-dept-criminal-justice/death-penalty/judge-to-rule-on-death-penalty-constitutionality/

But I can't see Texas giving up its death penalty.

I am sure the legislature and Perry would push for a constitutional amendment soon after. Still, it would be a great day if it is overturned.

Perhaps, before too very long, this barbaric practice will be abolished altogether.

:kick: