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Thread: Texas Aggravating Factors For Capital Punishment

  1. #1
    Administrator Heidi's Avatar
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    Texas Aggravating Factors For Capital Punishment

    (1) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
    (2) The defendant committed or attempted to commit more than one murder at the same time
    (3) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
    (4) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
    (5) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
    (6) The defendant is a future danger
    (7) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
    (8)Murder of an individual under 6 years of age
    (9)Defendant intentionally committed murder in the course of committing or attempting to commit terroristic threat
    (10)The person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of a court

  2. #2
    Junior Member Stranger
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    Technically those are not aggravating factors. They are the only forms of murder for which a person can be charged with capital murder. Texas does not use the aggravating/mitigating approach that other states use.

    The closest Texas has to aggravating factors is the question of "future dangerousness to society" (which can be outside or inside of prison). The second question pertains to mitigating factors; the jury must decide if any exists that would warrant a life sentence in lieu of death.

  3. #3
    Moderator Bobsicles's Avatar
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    “Future Danger To Society” definitely describes Billy Chemirmir, Steven Hobbs, Martin Gonzalez Escamilla, Charles Albright, and Genene Jones. All serial killers who wrongly escaped the death penalty.
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