NCJ Number
47464
Journal
Baylor Law Review Volume: 29 Issue: 3 Dated: (SUMMER 1977) Pages: 629-636
Date Published
1977
Length
8 pages
Annotation
POTENTIAL DANGERS IN THE TEXAS STATUTE IMPOSING MANDATORY LIFE SENTENCES FOR HABITUAL CRIMINALS ARE POINTED OUT.
Abstract
THE PURPOSE OF RECIDIVIST STATUTES IS TO PROVIDE MORE SEVERE PUNISHMENT FOR OFFENDERS WHO HAVE DEMONSTRATED A BLATANT DISREGARD FOR THE LAW. THE STATUTES GENERALLY HAVE WITHSTOOD ATTACKS BROUGHT ON CONSTITUTIONAL GROUNDS. HOWEVER, THE MANDATORY LIFE SENTENCE IMPOSED BY THE TEXAS HABITUAL CRIMINAL STATUTE MAY BE OPEN TO ATTACK AS BEING EXCESSIVELY DISPROPORTIONATE AND THEREFORE VIOLATIVE OF EIGHTH AMENDMENT RIGHTS AGAINST CRUEL AND UNUSUAL PUNISHMENT. IT IS NOT THE STATUTE AS WRITTEN THAT IS VULNERABLE TO SUCH ATTACK, BUT RATHER THE LIFE SENTENCE IT IMPOSES, AND THEN ONLY WITH REGARD TO CERTAIN DEFENDANTS. THIS WAS THE EXPRESS HOLDING IN A FEDERAL CASE (HART V. COINER) AND WAS IMPLIED IN BROWNE V. ESTELLE, A CLASS ACTION HABEAS CORPUS BROUGHT ON BEHALF OF 75 TEXAS INMATES. FACTORS DETERMINATIVE OF DISPROPORTIONALITY ARE ANALYZED IN THE CONTEXT OF THESE AND OTHER DECISIONS. IT IS CONCLUDED THAT, VIEWED IN LIGHT OF LAWS IN OTHER STATES AND PENALTIES PROVIDED ELSEWHERE IN THE TEXAS CODE, THE STATUTE IN QUESTION IS 'BLIND AND INFLEXIBLE.' ALTHOUGH SOME DISCRETIONARY PROVISIONS HAVE BEEN ADDED, THE POTENTIAL FOR UNJUST RESULTS REMAINS. LEGISLATIVE REFORM AIMED AT ASSURING THAT HABITUAL OFFENDERS RECEIVE SENTENCES WHICH BEAR SOME REASONABLE AND PROPER RELATION TO THE OFFENSES COMMITTED IS RECOMMENDED. (AUTHOR ABSTRACT MODIFIED--LKM)