We just came across the Texas Board of Pardons and Paroles 2008 offense severity rankings, which shows that Texas has added 51 felonies to the 2,324 that existed prior to the last legislative session.
The Board uses the rankings to measure the seriousness of every offense, which, combined with individual factors such as the number of prior offenses by the inmate, is weighed in making parole decisions.
Using the rankings to guide parole decisions is sensible policy and they, for the most part, are on target. For example, murdering a police officer is rated very high severity while dredging oysters at night is rated low severity. That’s an easy call, especially since dredging oysters at night is normally a misdemeanor but only becomes a felony on multiple convictions. It’s one of no less than 11 Texas criminal offenses relating to oysters.
However, there are some quibbles. For example, carrying a concealed weapon where alcohol is served or where it is prohibited is rated high, the same classification as aggravated kidnapping and rape. Also, applying pesticides that injure vegetation or pollinating insects and anarchism, which may be constitutionally protected, are both rated as medium, while a third DWI is rated as low.
The larger problem though is that there are 2,375 distinct felonies spanning 58 pages. Before enacting new criminal laws, policymakers should make sure that the conduct they are targeting is not already prohibited, because nearly everything is.
– Marc Levin