Texas Death Penalty Facts

Scroll down for fact sheets and case studies.  For more analysis, as well as illustrative charts and graphs, read TCADP’s report, Texas Death Penalty Developments in 2019: The Year in Review.

Executions
The State of Texas has executed 569 people since 1982; of these, 279 occurred during the administration of Texas Governor Rick Perry (2001-2014), more than any other governor in U.S. history.  Executions peaked in Texas in 2000, when 40 people were put to death.

The State of Texas put 9 people to death in 2019, compared with 13 executions in 2018.  It was one of seven states responsible for the 22 executions nationwide in 2019.

To date in 2020, the State of Texas has executed two people, while four men have received stays due to the global pandemic.  Two other executions were rescheduled and a third individual, Randall Mays, received a stay of execution based on his claim of intellectual disability.

On June 16, 2020, the U.S. Supreme Court stayed the execution of Ruben Gutierrez an hour before he was set to be put to death.  It was the fourth execution date he has faced over the past two years.  Three additional execution dates remain in place despite the public health crisis.

For details on how COVID-19 has impacted use of the death penalty and prison conditions in Texas, read our past newsletters.

Harris County alone accounts for 130 executions, more than any state except Texas.  Dallas County accounts for 62 executions and Bexar County accounts for 46.


Death Sentences
New death sentences in Texas have decreased precipitously since peaking in 1999, when juries sentenced 48 people to death.  Death sentences have remained in the single digits for the past five years.

In 2019, Texas juries imposed four new death sentences.  Four other cases in which prosecutors sought the death penalty in 2019 resulted in sentences of life in prison without the possibility of parole after jury deliberations.

Prosecutors took the death penalty off the table in nearly a dozen other capital cases in 2019, as well.

To date in 2020, juries in Texas have sentenced two men to death, one in Collin County and one in Harris County.  Jury trials in Texas are on hold at least through September 1 due to the pandemic.

Death sentences by race and gender
Over the last five years, more than 70% of death sentences have been imposed on people of color in Texas.

While African-Americans comprise less than 13% of the Texas population, they comprise 43.9% of death row inmates, according to the Texas Department of Criminal Justice (TDCJ). Hispanics comprise 26.2% and whites comprise 27.1% of the death row population.

Watch “What does race have to do with the death penalty in Texas?”

Read “Race and ‘future dangerousness’ in the Texas death penalty”

According to TDCJ, there are currently 214 Texas death row inmates, which includes 6 women. This remains the smallest Texas death row population since the late 1980s, according to research by TCADP.

Death sentences by county
Just four counties have imposed more than one death sentence in the last five years.

Three counties account for more than half of the current death row population: Harris (78); Dallas (22); and Tarrant (16).  No other county has more than eight individuals on death row at this time.

Less than 20% of the counties in Texas account for the entire population of death row at this time.  Texas has the third-largest death row population in the nation, after California* (727) and Florida (340).

*On March 13, 2019, California Governor Gavin Newsom declared a moratorium on executions in his state.


Wrongful Convictions and Executions
Since 1973, 170 individuals – including 13 people in Texas – have been released from death rows nationwide due to evidence of their wrongful conviction.

There also is strong evidence that the State of Texas has executed innocent people, including Carlos DeLuna, Ruben Cantu, Cameron Todd Willingham, Gary Graham (Shaka Sankofa), and most recently, Larry Swearingen, who was put to death in August 2019.


Cost
In Texas, the cost of an average death penalty case is nearly three times higher than imprisoning someone in maximum security for life, according to a study by the Dallas Morning News.  See TCADP’s fact sheet on the cost of the death penalty for details.

“Experts discuss cost of the death penalty amid era of growing decline,” Community Impact Newspaper (Richardson edition), March 18, 2020


National and International Abolition
Ten states – Delaware, New York, New Jersey, New Mexico, Illinois, Connecticut, Washington, Maryland, New Hampshire, and, most recently, Colorado – have abandoned the death penalty in recent years through legislative or judicial action.  A total of 22 states and the District of Columbia do not allow the death penalty.

Governors in three other states (Oregon, Pennsylvania, and California) have imposed moratoria on executions, bringing the total number of states that have either ended the death penalty or have a moratorium to 25.

142 countries have abolished the death penalty in law or practice.  In 2018, the top five executing countries were China, Iran, Saudi Arabia, Viet Nam, and Iraq, according to Amnesty International.


Download these fact sheets:

Facts about the Texas Death Penalty

The Death Penalty in Bexar County
The Death Penalty in Harris County
The Death Penalty in North Texas

The Cost of the Death Penalty Download PDF
Death Penalty Basics Download PDF

Anthony Graves Fact Sheet Download PDF
Carlos DeLuna Fact Sheet  Download PDF Spanish PDF
Cameron Todd Willingham Fact Sheet Download PDF

Answering the Tough Questions Download PDF

Background information on the Texas death penalty is available here.

Mental Illness Case Studies:
James Colburn (download PDF)
Monty Delk (download PDF)
Scott Panetti (download PDF)
Kelsey Patterson (download PDF)