Judge Kevin Fine, a Houston Judge from Harris county in Texas, a county that sends more people to death row than any other in the country, ruled in a pre-trial motion in a capital murder case on Thursday that the death penalty is unconstitutional.

Attorneys for John Edward Green Jr. argued Texas' death penalty statute is unconstitutional because it violates their client's right to due process of law under the 5th Amendment since hundreds of innocent people around the country have been convicted and sent to death row and later exonerated.

Judge Fine stated that he believes that innocent people have been executed and goes on to say:

"Are you willing to have your brother, your father, your mother be the sacrificial lamb, to be the innocent person executed so that we can have a death penalty so that we can execute those who are deserving of the death penalty?" he said. "I don't think society's mindset is that way now."

Judge Fine stated that his guidance in making a decision is what has been provided by the U.S. Supreme Court "that places a duty on trial courts to act as gatekeepers in interpreting the due process claim in light of evolving standards of fairness and ordered liberty."

Hear Judge Fine remarks here.