Robert Blecker and James Liebman are professors at New York Law School and Columbia Law School, respectively. The two have have frequently taken opposing sides in public debates on the death penalty. But here they agree on reforms that are needed, in Texas and elsewhere:

One of us is morally certain some people deserve to die and that society has an obligation to execute them. The other opposes the death penalty. But when we stopped debating and started discussing, we found real common ground.

Despite our different perspectives, we agree that death as a punishment should be inflicted, if at all, only upon the worst of the worst; that society can incapacitate without killing, so future dangerousness and deterrence alone are never sufficient reasons to punish someone with death; and that a state-ordered execution is a terrible, solemn act that should occur only after the greatest deliberation. We agree that legislators in Texas and elsewhere should adopt the following reforms:

Most importantly, drop the felony-murder category for a death sentence...

Stop creating capital crimes undeserving of death in knee-jerk reaction to public outrage at a particular offense or to score political points....