The "but for" test is used by Texas courts to determine whether a convicted criminal defendant will receive the death penalty or life without parole.

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The "but for" test is a legal principle used to determine causation, specifically whether a particular harm would not have occurred "but for" the defendant's conduct. It is not specifically used to decide between the death penalty or life without parole, which involves a separate set of legal standards and considerations.

The "But For" Test Is Used by Texas Courts to Determine