...PROMOTING A FAIR AND JUST CRIMINAL JUSTICE SYSTEM IN TEXAS  
   
 
TDS Capital Trial Project Director, John Niland Honored by the New York Criminal Bar Association

The Robert Louis Cohen Award for Professional Excellence was presented to TDS attorney and Capital Trial Project Director, John Niland by the Honorable Patrick E. Higginbotham.  Judge Higginbotham praised Mr. Niland's efforts at reducing the number of death sentences in Texas through educating trial lawyers. 

NYCBA past-president Anthony Ricco spoke movingly about how much he has learned about capital defense from Mr. Niland and his "quiet, humble wisdom."  Awards ceremony attendees thanked and praised Mr. Niland by stating " . . . for all of the good work that you're doing in Texas, you are an inspiration."






What is Happening in Texas ....

Although the number of executions throughout the U.S. has generally been declining over the last five years, the percentage of executions carried out by Texas has not abated, but increased. In the modern era of the death penalty (1976 to the present),

Texas has been responsible for more than one-third of all executions. Notably, between 2002 and 2006, Texas was responsible for 40% of the executions in the nation. In 2007, the upward trend in the percentage of U.S. executions carried out by Texas continued, with 26 of the 42 executions taking place in Texas. Texas accounted for 50% of the U.S. executions in 2008, with 18 inmates executed, including two foreign nationals who were denied their rights to consular access. Our litigation team is focused on the issues of poor state court trial and habeas representation, mental illness, mental retardation, and the use of the “future dangerous” sentencing question as the legal issues presenting the greatest likelihood of viability in the coming years to reform the criminal justice system in Texas.


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Did you know?
Texas' death penalty law prevents judges and lawyers from telling jurors one key point -- if just 1 juror decides the defendant is not a "future danger" the defendant will receive a sentence of life without parole.
Research shows that experts' predictions that a defendant will be a "future danger"are wrong 95% of the time. 
-- Journal of Law and Human Behavior, February 2005
Texas has accounted for more than1/3 of all modern executions (1976 to the present) in the U.S. with 423 executions as of November 21, 2008.
-- Death Penalty Information Center, 2008
In 2008, Texas executed 18 individuals, accounting for almost 50% of all executions nationwide.
In Panetti v. Quarterman, the Supreme Court found that a mentally ill person is entitled to Eighth Amendment protection if he does not have a rational understanding of the reason for his execution.
There is no credible evidence that the death penalty deters crime more effectively than long terms of imprisonment. States that have death penalty laws do not have lower crime rates or murder rates than states without such laws.
Texas has accounted for more than1/3 of all modern executions (1976 to the present) in the U.S. with 423 executions as of November 21, 2008.
-- Death Penalty Information Center, 2008
Studies show that who gets the death penalty is largely determined, not by the severity of the crime, but by: the race, sex, and economic class of the prisoner and victim; as well as geography, since some states have abolished the death penalty.
 
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