and why does actual innocence not seem to be much of a guarantee against executions in Texas?
I suspect one factor must be that Texas is a state with one of the largest proportions of poor people, predominantly politically disfranchised minorities, who cannot afford adequate legal representation when their troubled children go to court. I suspect another factor may be higher levels of politicization of the courts in states like Texas, allowing reckless DAs to rabble-rouse at the expense of poor kids' lives. Are most criminal-court judges elected rather than appointed in Texas?
Appendixes to this week's USSC decision provide some support for this view. With a few execptions, states without the death penalty tend to be particularly racially homogeneous,and states that sanction the killing of kids tend to have large minority popoulations:
From the transcript of this week's USSC decision in Roper v. Simmons, at
http://wid.ap.org/documents/scotus/050301roper.pdf:"ROPER v. SIMMONS: Appendix A to opinion of the Court
III. STATES WITHOUT THE DEATH PENALTY Alaska Hawaii Iowa Maine Massachusetts Michigan Minnesota North Dakota Rhode Island Vermont West Virginia Wisconsin
II. STATES THAT RETAIN THE DEATH PENALTY, BUT SET THE MINIMUM AGE AT 18 California Colorado Connecticut Illinois Indiana Kansas Maryland Montana Nebraska New Jersey New Mexico New York Ohio Oregon South Dakota Tennessee Washington Wyoming
I. STATES THAT PERMIT THE IMPOSITION OF THE DEATH PENALTY ON JUVENILES Alabama Arizona Arkansas Delaware Florida Georgia Idaho Kentucky Louisiana Mississippi Missouri Nevada New Hampshire North Carolina Oklahoma Pennsylvania South Carolina Texas Utah Virginia"
(I found this link in a Yahoo story on the USSC decision, at
http://story.news.yahoo.com/news?tmpl=story&e=1&u=/ap/20050301/ap_on_go_su_co/scotus_death_penalty .)