The Arkansas Supreme Court struck down the state's execution law Friday, calling it unconstitutional.
In a split decision, the high court sided with 10 death row inmates who argued that, under Arkansas' constitution, only the Legislature can set execution policy. Legislators in 2009 voted to give that authority to the Department of Correction.
The 2009 law says a death sentence is to be carried out by lethal injection of one or more chemicals that the director of the Department of Correction chooses.
Death row inmate Jack Harold Jones Jr. sued the head of the correction department in 2010, challenging the constitutionality of the law. Nine other inmates have since joined the suit, asking that the law be struck down.
The state, meanwhile, asked the court to free up several executions it halted because of this lawsuit.
It wasn't immediately clear what the court's ruling will mean for the 40 men on death row in Arkansas. There aren't any pending executions, and the state hasn't put anyone to death since 2005, in part because of legal challenges like this one.
Three Arkansas inmates who were scheduled to be put to death last summer were spared by the state Supreme Court almost exactly a year ago. Jason Farrell McGehee, Bruce Earl Ward, and Marcel Wayne Williams, all of whom are plaintiffs in the lethal injection lawsuit, received stays of executions from the high court on June 23, 2011, according to ArkansasNews.com.
Josh Lee, an attorney for the death row inmates who challenged the law, declined to comment Friday.
During oral arguments last week, Lee said the state would have two options if the court found the law unconstitutional.
"The Legislature could either choose to stick with the 1983 statute, which everybody concedes is constitutional, or the Legislature could decide we want to amend it," Lee said last week.
The state adopted lethal injection as its method of capital punishment in 1983. There have been legal challenges to the way the state kills its condemned prisoners since then. In 2009, in the midst of a legal battle over lethal injection, the state Legislature passed the law that the court struck down Friday.
Joseph Cordi, an attorney for the state, told the Supreme Court last week that he thought the state would be left with the earlier law if the court struck down the entire statute.
Part of the 2009 law also says that in the event it's found unconstitutional, death sentences will be carried out by electrocution.
"That would be up for the lawyers to untangle and figure out what it means, but that's a possibility," prisons spokeswoman Dina Tyler said.
Since the reinstatement of capital punishment by the U.S. Supreme Court in 1976, Arkansas has been the only state to ever conduct three executions on the same night, according to The Death Penalty Information Center, a non-profit organization. Triple executions were done twice in Arkansas's history: first on Aug. 3, 1994, under Gov. Jim Guy Tucker, and then again on Jan. 8, 1997, under Gov. Mike Huckabee, records on DeathPenaltyInfo.org show.
The Associated Press contributed to this report.
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Can't they just solve the problem by having the state legislature specify what drugs should be used?
Go back to another drug, the rope around the neck. Or lead injected directly into the heart. One more, electrons passed through the body.
Why waste the expense of drugs, rope or electricity? Just put them in a cell with no food or water. They will eventually die.
I think they should test the execution drugs on the politicians.
I cannot condone the death penalty as I think it is inhumane and our legal system is too flawed. You cannot give an innocent person back their life once you have executed them. What crime sends one person to death row, several others may get leesor sentances. We need to overhaul our entire criminal justice system, so that everyone who commits a crime receives the same sentence and non-violent offenders are jailed with other non-violent offenders.
This sounds like a terrible idea. A mechanical justice system that refuses to take circumstances into consideration is not a desirable or practical solution. You're telling me you want non-violent drug offenders to get the same sentence as hard-core serial killers?
Damn Liberals!! I believe an eye for eye. The punishment should fit the crime!!
Jeep, you have no reading comprehension. Did you even read the story, stupid? They did not abolish the death penalty.
I agree that non violent offenders should be housed together and not hardened being in with those that will and do abuse them. I would add that many non violent offenders, such as marijuana users, shouldn't be in prison in the first place.... that's just political $$ BS.
With DNA as well as other tools, it can be known... explicitly, 110% certainty rate... that rapists, child molesters and murderers are guilty. They have to go down, period, and lethal injection is much nicer than they way they did in their victims. Go ahead, fight it, maybe buy a few years and some publicity. What doesn't help is the state saying if found unconstitutional per Arkansas legislature that they'll bring back old sparky; those tactics aren't to be believed and hurt their cause more than help as it is nothing more than threatening and making big bro out to be more strong armed and power mad than big bro already is. People see, every day, just how distanced government in general is seperated and lording above the people supposedly represented. We're going the wrong way, not mending but worsening.....
I always thought that the death penalty should be unconstitutional. Doesn't it say in the Declaration of Independence that established this Country:
Apparently, our Founding Fathers were much smarter than we are today.
Killing someone is not going to bring the victim back and therefore is just a revenge killing thinly veiled as justice. That's why the death penalty doesn't exist in many European countries.
If we put them in jail and throw away the key the killers can spend the rest of their lives thinking about what they did and perhaps find repentance.
People should not be so quick to deal in death if they can't give life back to the ones that deserve it.
As long as the DNA evidence isn't contaminated. It's not the smoking gun that a lot of people believe.
PointingOutTheObvious..............if what you think about our founding fathers is true they would of abolished the death penalty. The truth is the legal system then was a hell of a lot more efficient and timely in carrying out death sentences. Bleeding hearts and activist lawyers over the years have manipulated our legal system.
@ Pointingouttheobvious: I don't know about that, Why don't you ask Polly Klaas' father.. He too opposed the death penalty until that sick scumbag stole his daughter from her room, raped and killed her!!! I am a mother and I can tell you with 100% certainty, that if my child was murdered, the murderer would be begging to face lethal injection compared to what I would do to him!!!! It wouldn't bring my child back, you're right, but I would have the satisfaction of knowing that his killer was not be able to go on with their life either!!!!
Obvious,
Back when the founding fathers drafted the Declaration of Independence, people were hanged or shot. This went on until bleeding hearts decided that it was a "mean" thing to do. My opinion is that while it may not bring the victim back, executing murderers and the like means that they will not be able to hurt another human being. Of course, I also subscribe to the notion, as a taxpayer, that I don't want to be stuck paying for these people to live out their natural lives.
As for it being cruel and unusual punishment, was it not cruel and unusual for them to kill their victims? Does the fact that they denied the victim the right to life and liberty count for nothing?
Like hanging black men from trees because they had the temerity to talk to a white woman kind of efficient?
Pointing Out the Obvious,
Killing someone isn't supposed to bring the victim back to life. Killing a menace to society removes said menace from society forever with NO chance of them ever coming back again. Killing a menace to society removes any chance that they will EVER be a threat to anyone ever again.
Can YOU guarantee that a jailed offender will never get out? I didn't think so.
Say what you want, about how "inhumane" and "unfair" the death penalty is. Boo freakin hoo, cry me a river. The one thing the death penalty guarantees is that the scumbags NEVER do it again. Period. It gives the victims or their families the knowledge that the criminal who did such terrible things to them or their loved ones is GONE.
If it was left up to me, they'd all get exactly what they gave their victims. THAT would be justice. Repentance be damned. I'll leave that to whatever God feels like judging them. And spare me the "lack of compassion" crap too. I've dealt with evil and there's only appropriate way to deal with the worst of the worst.
It's called remove them. Permanently.
@PointingOutTheObvious
I don't understand why people would defend criminals that have been proved without a doubt that they've committed the crime. I understand there are a few that maybe innocent, and those cases are usually not so cut and dry. But when there is enough irrefutable evidence as is with most murder cases, what good does it do to defend them?
The only thing I can think of is that people like you are afraid you might be the one in that position one day and want a way to delay or an out. If you have any integrity and morals as well as follow the law, you have nothing to worry about.
Except men with integrity and morals who follow the law are wrongfully sent to prison all the time. This idea only works in an ideal fantasyland that doesn't convict people based on their skin color or the fact that they sorta kinda maybe look like the partial figure someone saw running away from a crime scene.
lolfattynerdswhoknew..............if they would have hung those that hanged the blackmen back then that problem would have been addressed and settled. That was then and this is now. Either stay out from under your rock long enough to comprehend what is going on in today's world or give it a rest.
Don't bring up historical examples unless you want counter examples. Learn how to argue.
"In a split decision, the high court sided with 10 death row inmates who argued that, under Arkansas' constitution, only the Legislature can set execution policy. Legislators in 2009 voted to give that authority to the Department of Correction."
Another case of the Arkansas legislature passing off their responsibility to others.
"Except men with integrity and morals who follow the law are wrongfully sent to prison all the time."
Numbers please, 'all the time' translates to every case. So basically, every death row inmate is innocent? Like I said if there was irrefutable evidence that proves guilt, not circumstantial evidence. What is the benefit for keeping these criminals alive?
I've always found the death penalty to be the easy way out. Someone does something horrible, and you kill them... they no longer have to experience pain or suffering, they get the easy way out, they are at peace. All the while, you continue to suffer from their actions for the rest of your life. No, putting them to death is too compassionate, in my opinion.
Of course I will just be called a "bleeding heart" for that point of view... not sure why, it's actually the complete opposite. But then again, those that make that claim have never been known for their intelligence.
1. Don't shove words in my mouth.
2. This is an easy statistic to Google. But I get that you're allergic to
facts. (No surprise that Florida leads the pack.) deathpenaltyinfo.org/innocence-and-death-penalty
3. What is the benefit of executing innocent men?
@mguy-478
I agree death is too nice a way out. But if it's legal then so be it. Because I rather see them suffer a much worst fate than death, but that some would say is inhumane, but sitting in a cell isn't cutting it either.
lolfattynerdswhoknew,
Except men with integrity and morals who follow the law are wrongfully sent to prison all the time
No, actually they aren't. It is a rare occurence, not a common one. It's people like yourself who blow up the facts to try and make things look worse than they are.
lolfatty whatever, thepunisher specifically said when there is no doubt! You can't tell me that there aren't cases where there is no doubt. Most times these are extremely heinous crimes.
Life in prison would be a more suitable punishment only it the prisoners were treated as prisoners and not resort guests. They should have to fend for themselves, growing their own food and making their own clothing to minimize the burden on society. For the death row inmates where there is no doubt about guilt, they should want death over the life they have in prison!
"Don't shove words in my mouth."
Hey you said it, not me.
Which facts on google are you speaking of? There are so many differing reports and statistics out there, but my findings is about 5% of death row inmates are found to be innocent after being convicted. In which a number of those have been exonerated, so what's your point again? There still is a way to prove innocence after being convicted. So what's your arguement?
As much time and money that this country has spent on the death penalty I'd say it's time to do away with it. It has caused problems with other nations extraditing criminals back here. It'd be a lot cheaper to just put them in a cell and keep them there. Don't bother wasting manpower escorting them to a general area and don't waste taxpayers money piping in cable. A bed, sink and toilet is all that is needed. Problem solved. Plus, it means they are there if it subsequently turns out that the system got it wrong.
Just change it so when you are found Guilty you go directly out back and are Shot.... Capital Punishment is really nothing but a JOKE.....
I disagree. Sitting in a cell, watching life... the world... pass you by, while you are stuck in a concrete and iron box. Not being able to experience life, but instead suffering a stagnant existence. Knowing, every day, that this prison will forever be your life... there will never be anything more, you will never be anything greater... that is it, that is all you have to look forward to.
I can't think of a worse existence. Personally, I would rather die than suffer a lifetime in prison. But that is just my opinion.
Seems to me, even ONE innocent man executed is too many. How does that make us any different than a murderer? Because it was a "bad decision"? How many killers have said the same thing? We still took an innocent life. Where is the justice for that?
In our quest for vengeance, we have become the very thing we hate.
I suppose you will just shrug it off as 'collateral damage'... although I have a feeling the family of those innocent men may feel differently.
The biggest problem with the death penalty is that many, many times we have found out after the fact that we put an innocent man to death.
I'm sorry, but if just one person get's put to death that is innocent, that's enough to not sentence anyone to death.
Solitary confinement for life is a horrific punishment. I spent 8 days in it after taking my mothers car as a teenager for a drive, even though I had my license, was insured on the car, and my own set of keys. So I can attest to just how miserable it is. Seconds seem like hours.
So that we don't EVER put an innocent man down I say we throw them all in solitary for life (murders that is) and then let the justice system do it's job.
Not to mention keeping an inmate jailed is MUCH CHEAPER than sentencing one to death. AND it's a known quantity. Let's be honest, none of us know what happens during death. We all have beliefs... but not a single person KNOWS what happens. For all we know, everybody gets into "heaven" or some non-stop party. Not likely, I know, but I used it to illustrate a point. Death is an unknown. Watching them suffer and rot in solitary is a known punishment.
I do completely understand the eye for an eye argument, I do. I understand victims families and their need for closure. But can you imagine how horrible you would feel if the convicted person who killed your family member was put to death, you sat there an cheered, only to find out afterwards that the convicted person was completely innocent? I for one could not live with myself.
Just think about this: That innocent person... could be YOU!
I have a question for you to test this. If a serial murder who kills 15 people for example, what punishment to you think will fit that crime? Put it another way, is trading one serial killer for 15 law abiding persons a fitting punishment?
As one of those "Damn Liberals", I too want to see the punishment fit the crime. I'm for the death penalty. But can we agree that in some instances that our limited social system simply doesn't have a punishment that fit certain crimes?
Not every conviction warrants the death penalty. And with our technology today there should be little chance of mistakes. Only in those cases where there is a smoking gun, irrefutable witnesses, DNA. NO doubt at all.
No one wants to see an innocent person executed. Nor do we want to forget the victims. They deserve justice.
So these inmates managed to get the law overturned. Fine, go back to the preexisting law and stick them in the electric chair and fry them. As the juice starts shooting through their body they will be wishing they had never brought the case and gone by lethal injection. I can guarantee you that lethal injection is a far less painful way to go than being electrocuted. Anyone who has ever received a shock from electricity knows how painful it is.
We need to put a stop to these endless appeals and delay tactics associated with the death penalty. There should be two appeals on a death penalty case, one to the state Supreme Court and the second to the US Supreme Court. If neither of these courts can find any error or reason to stop an execution then, barring a reprieve from the Governor of the state or the President, the sentence should be immediately carried out. It has become a joke that people sentenced to death end up living for another 15 or 20 years and sometimes longer on death row. The families and friends of the victims of these scumbags deserve to get some closure by seeing the sentence carried out in a more expedient manner. To force these people to relive what happened to their loved ones over and over again through endless appeals is what is truly inhumane about the current system, not the method by which these pieces of trash are put to death. The last thing any of these a-holes thought about was the pain and suffering they were inflicting on their victims while they were killing them. In fact, many of those on death row took pleasure in inflicting as much pain as possible in killing their victims and the only justice would be for them to suffer the same way. Unfortunately, the liberals in our society have said that this would be cruel and unusual punishment, so these sick bastards get to die a comfortable, peaceful death by being put to sleep with drugs. The least we can do for the families and friends of the victims is to make sure that their pain is not compounded by decades of appeals.
You death penalty opponents act like most every one convicted is innocent. That's using hysteria to further your cause without facts. Remember death penalty cases are heard by 12 of your peers whom must decide your guilt. The odds are stacked that the vast majority that are convicted are indeed guilty. What if the sky starts falling?
Actually no we don't. We only want to prevent a single innocent person from being killed in our name by the state.
Clearly, you are getting your exercise by jumping to conclusions and leaps of illogic.
@Avg Joe-1820350 The sky has already fallen. 1 innocent person is too many. Imagine if that person were you? 12 of your peers convicted you. So you must be guilty. Let me find that vein...
There are some basic problems with the death penalty. 1. It's up to prosecutors to decide if they will ask for it. Marsha Clark chose not to ask for the death penalty for OJ. 2. Rich people are never executed. Examples OJ, Menendez Bros. and a host of other rich people convicted of grizzly murders. 3. Prosecutor misconduct. It has happened many times recently. Examples,evidence hidden from defense and DNA tests being denied. 4. It cost more to kill them than to house them for life. 5. Inaccuracy of eye witness statements and testimony. 6. People of low IQ get executed when their decision making ability is questionable. I favorite it generally but the system leaks and stinks. I'll support it way more when the first guy like Bernie Madoff gets it!
Don't you think that's a waste of time and effort? Just bury them alive, immediately.
I don't see that as passing off their responsibility to others. The legislature did set execution policy; the policy is that the Department of Corrections will carry out the executions in the manner that it sees fit. This is just another case of judicial activism.
And killing people who didn't actually commit the crime? So far, it's basically been 'oops, sorry.'
Can YOU guarantee that the justice system in 100% perfect? I didn't think so.
No more than your spelling.
A violent crimnal with no death penalty to worry about can sure be motivated to create more violent crime. I think the AR Supreme Court is W-E-A-K and laughable!
Pointing out the obvious
As you stated and it is written"all men are CREATED equal".....however, sometimes our behavior makes us unequal. If a person breaks laws, they are placing themselves outside the equality realm especially when it involves killing or forcing themselves on others. Tax dollars shouldn't be wasted on these criminals. They made their choices.
This country is really going to the crapper when inmates can change case law. Before you whiney Libs step on your D think about why they are on Death Row?? The chopped up mommy or blew away 4 people including a little girls as an innocent bystander and the list goes on and on. Now these POS get to challenge a State Legislature and win repealing their sentance??
Very embarassing for Arkansas, I thought they had some spine like Texas........
Texas also has one of the highest rates of wrongful executions in the country. But I'm sure you don't mind executing the occasional innocent person as long as most of the ones who go out were really bad.
well Seven2seven, what you seem to be saying is 'damm the Constitution - we'll violate it if that means killing bad guys'.
The rule of law is the only thing that seperates us from these bad guys - and you're throwing that in the crapper just to execute them.
If we violate the law, it makes us no better than they. Let's fix the bad law and run them through the process so that we can properly execute them.
Your complain falls right in line with hundreds of other situations where people blame whatever group of people instead of blaming those who created the situation by writing bad laws or instead of blaming the folks in power that never do anything about a bad situation. I guess the folks who wrote this bad law must be Republicans because if it were dems that did it, you'd more likely be blaming the dems.
7to7, really? So you're okay with something unconstitutional? GREAT! You won't mind quartering the entire state's national guard w/o payment from the state will you if the legislature passes a law against the Constitution that requires you to do so, right?
Those that usurp the rights the Constitution guarantees typically start on the fringe and then move center. Enjoy the gulag.
Was it constitutional when these Convicted Killers murdered their victims in cold Blood? Nope, and I expect you want to foot the bill for feeding and housing them for life? Please send your donations to the prison each month so our taxes don't go up!!
I would expect a "constitution in jeopary" form Derek but a whiney Lib that was a Marine?? I knew the Libs would all start crawling out from the the caves and rocks........
Another conservative that refuses to admit that there's a problem with states wrongfully executing innocent men and dodges the issue? What a surprise.
Another Liberal who wants to pay for housing illegal convicted killers for life because we may kill an innocent one with a 4 page rap sheet. Waahhhh......AND, gee, they get 30 years for an appeals process, what do you want??
No suprise again, and why is your State Bankrupt??
Maybe one day you'll be wrongfully charged a serious crime and realize what an idiot you sound like.
As long as the killer is PROVEN beyond a doubt that they killed someone in cold blood, not self defense, then by all means, two years to go thru the paperwork and put them 6 feet under!! I certainly don't want a killer stuck in prison when they can possibly escape and kill again! IT's happened! Stop all the years of this litigation crap, that cost's more than a bullet or needle! We need to get back to having some balls!
@fattynerd Maybe your wife and kids will be butchered by a drug addict and he will laugh in prison knowing he still lives and got away with murder........
@fattynerd: If you have a spouse and children, I feel sorry for them.. If something were to happen to them, it sounds like you would have more compassion for their killer than you would for them?? My loyalty is to my family, not some killer, especially when they throw in the insanity or mental illness card, which most of them do!!!
If something were to happen to them, could I be absolutely certain the person on trial was really the killer? It's not a compassion for killers, it's the fact that I don't know how I'd be able to live with myself if I sent a man who was really innocent to his death while the real perpetrator was free and at large. But I doubt you understand the difference.
Criminals do not have the right to hide behind the constitution. I don't know why it's even a matter of debate with violent criminals that kill. They didn't uphold the constitution while killing their victims, in fact they took those rights away. So if the death penalty is unconstitutional, you are basically saying these criminals are Gods, and as formermarine says 'damn the Constitution' for the victims. That is pathetic.
@lolfattynerdswhoknew
"it's the fact that I don't know how I'd be able to live with myself if I sent a man who was really innocent to his death while the real perpetrator was free and at large"
But you can live with yourself when even after your love one's died?
Would killing someone else bring them back? Can you be absolutely certain the person you're sentencing is the right one?
@lolfattynerdswhoknew
I guess that's where we differ as I value my family's life way more than someone that is not.
"Can you be absolutely certain the person you're sentencing is the right one?"
That is why we have investigators and if that's not enough, private investigators. If my family was taken from me, I would stop at nothing to find the culprit.
I think the best solution for our prison system is simplification. Watched a show last week on the Russian prison system. They don't mess around...... no coddling the prisoners, no holiday camp with TV's, weight rooms, basketball courts, cell phones, computer access and all the other amenities. The prisoners just stayed in their cells. It's not a place where you can meet up with all your old buddies. The cost of up to and possibly beyond $30,000/year to keep these people in jail is ridiculous...... to many honest people on the outside don't make that kind of money and it's a shame to waste that much on criminals.
@lolfattynerdswhoknew. Apparently you do not know the meaning of justice? That old arguement "killing someone else can't bring them back", just doesn't logically make sense. If we were to apply that thinking to every crime, then why bother with a criminal justice system,ie: why punish the rapist of a 15 yr old virgin, cause after all we can't give her virginity back? See how silly your thinking is? And,YES,we can know with absolute certainity someone is guilty, DNA, multiple eyewitnesses,non-enforced confessions,etc. Names that come to mind, Jeffrey Dahmer, Ted Bundy,Charles (tex) Watson,John wayne Gacy,etc,etc. Also, your previous statement about Texas having the highest rate of executing innocent people, I'd like to know where your FACTUAL evidence of that is? Please don't try to use your far-left anti death penalty web sites for a credible source. The DOJ has never found that to be true with every investigation they have conducted into those theories and lawsuits brought forward. As for the historical "black men being lynched" arguement, all your trying to do is point to one "wrong" to justify another. I wholeheartedly support the death penalty for the lynching of ANYONE. Again, we cannot go back and correct the wrongs of the past, but we most certainly can prevent them from taking place in the here and now.
Seven to seven, I am not a liberal or a democrat and I do not support the death penalty for the following reasons:
Whether one supports the death penalty or not is based on ones values and beliefs. Peace!
Ok, then consider this. With Texas having a 40% false conviction rate just on death row (yes, it's that bad and that is only because of DNA evidence), do you think we should streamline those appeals as well? Remember, those prosecutors all said they were PROVEN beyond a doubt. Yet they were released well after a decade was served. What if it was your son or daughter wrongly convicted? Would you be so quick then?
"What if it was your son or daughter wrongly convicted?"
I find that statement and the what if it was you, overlyused to stir fear. Is that your whole goal is to inflate and instill fear? That's BS. If you look at these case where the person was exonerated, I bet there is one common theme. Guilt was not proven beyond a doubt, instead guilt was based on circumstantial evidence at best, but the prosecutor was able to convince the juries, not proved guilt.
This is an article from the Associated Press that was linked to Newsvine about a month ago:
http://www.newsvine.com/_news/2012/05/21/11784972-study-2000-convicted-then-exonerated-in-23-years
Two universities compiled the records that they had over the past 20 years to come up with this data. Some people claim that that number shows how reliable out legal system is. I feel it shows just the opposite. Given the amount of expense, time and energy that must be put into trying to uncover and prove things like police misconduct or witness tampering I feel this is undoubtedly only a very small tip of a very large iceberg.
As "good" as putting someone to death may make some people feel and as undoubtedly deserving as some criminals are there are too many issues with the death penalty for a civilized nation to invoke its use.
First, there is clear, unambiguous, indisputable evidence of racial bias in how it is applied.
Second, even where there is no racial bias it is applied capriciously and inconsistently, not just from state to state but prosecutor to prosecutor or judge to judge. How can a sentence with such finality depend so much on luck or lack thereof?
Third- even with advanced technology shows like CSI:Miami are FAR more fiction than fact. DNA is available in far fewer cases than people think. Most physical evidence is non-tracable. A great many convictions rely on eye-witness testimony in spite of how conclusively unreliable that has been shown to be.
Fourth: If you Google "police misconduct" or "judicial misconduct", you will come up with thousands and thousands of cases. Even the FBI Crime Lab was found to have been fabricating evidence. Some times it's done with what some might call "good intent": they're just certain that someone did the crime but they can't prove it so they arrange a plea deal with someone in exchange for testimony even if they don't believe it themselves. Or maybe the cop or the prosecutor or the judge wants to make a name for themselves. Doesn't matter. Either way there are hundreds of ways that this can be done and they happen far more often than we would like to think that they do.
Finally, mistakes happen. Even if the system works exactly as it should and the trial is as fair as it could possibly be, most cases that go to trial are still decided on circumstantial evidence. And in some cases that evidence points to the wrong person.
Eighty percent of the nations of the world have either: a) abolished the death penalty outright, b) restricted it to crimes of treason during wartime or c) stopped using it (it's still on the books but no one has been executed in over a decade).
Europe has less violent crime than we do yet the only European nation that has the death penalty is Belarus. In countries where it is still use, it's still mostly only used once or twice a year. The only countries that use it with as much frequency as the United States are China, Iran, Iraq, North Korea, Syria, Yemen and Saudi Arabia.
Is that really the company we want to be keeping?
Give them weapons and put them in the arena, last man standing gets life in prison. : )
Running Man style - Pay per View $39.99 while it lasts.......
Thunderdome! Two men enter, one man leave!
The state should execute them the same way the executed each of their victims ! ! ! !
Criminals and ACLU attorneys using the legal system and activist judges to avoid their punishments.
If the legislature makes a provision for the corrections department to use the best combination of chemicals, because conditions change, that would seem to be their prerogative. This decision would seem similar to one that would invalidate a death by hanging law because the legislature didn't specify the length and diameter of the rope, and whether it should be cotton or hemp, and then further details about the quality of weaving, etc. They're using nits to avoid the real issues that the criminals have committed heinous crimes and have been sentenced to death.
This is called judicial activism.
"This is called judicial activism."
Right.... just because you don't agree with the decision, it's 'judicial activism'....
I don't agree with the decision either - HOWEVER, I'm smart enough to realize that when a law is unconstitutional, a law cannot stand. In this case, the law violated the state constitution by distributing certain powers to people that cannot constitutionally have those powers.
Let's make it simpler so that you can understand it.
Let's say that Romney gets elected and then decided to distribute the power start wars out to me instead of him or Congress. That's an unconstitutional decision EVEN IF I WAS THE SMARTEST AND WISEST PERSON ON THE PLANET. That makes the decision to distribute that power wrong. It's the same thing as what they did here.
It doesn't invalidate the death penalty. Only the choice to distribute this power in an unconstitutional way. If thier Legislature wasn't so freaking stupid as to violate the Constitution, this wouldn't have happened - so blame the right people instead of spewing rhetoric.
So, it's considered "judicial activism" when judges uphold their Constitution?
None of the conservatives posting on here have actually read the article. They just saw the headline and jumped on the libbies again. They don't even know what's going on.
Folks, the constitution says the legislature decides on the punishment, The split decision of the court said their interpretation is the legislature must choose each rope. Crazy. It's only a method to thwart the desire of the voters.
Der der der death penalty der der der der taint lawful like der der der death row der der der der der ah shucks der der der
Seven2Seven - I'm a "Lib" and at the same time a big supporter of Criminal Justice. So next time you start out your post with typical neo-conservative paranoia, think before you step on your "D".
Death by lethal injection should not have to be voted on like a law. It is just the instrument. Drug makers are not trying to find ways to kill people, directly at least, but to cure or help people.
Actually, and I don't recall which one it was, but one of the drug manufacturers that produces one of the drugs used for lethal injection refuses to sell it to any state with Lethal Injection as a means of execution. This forced those states to find an alternative to that particular drug... I want to say it was phentonol (aka milk of amnesia), but I might have my chemicals confused.
But, before you laud Big Pharm for this - bare in mind the mantra of Big Pharm : "There is no profit in a cure, only in a treatment."
"milk of amnesia"
hahahahaha...... that was too funny. So instead of killing them, they wanted to make them forget? ROFLMAO
I know of a man who is in an arkasas prison for the rest of his life from raping little children....first a 5 year old, which he only got 4 years in prison for....then less than a month later, he raped a 3 year old girl in a walmart, and also tried that day to rape another little girl....Its people like THIS that SHOULD be put to death.
Corie people like that needs to have it cut off and then put in jail so other inmates can have their fun if they live long enough.
There is NOTHING unconstitutional about putting a proven beyond a doubt killer to death! Why do criminals now have more rights than people who follow the law??
Usually the other inmates in prison take care of people like this - child predators are the most hated people in prisons. At least that is what I've heard.
I wonder how many people making a 6 figure salary by perpetuating these ideological battles upon the American public.
Jack Harold Jones Jr. is pure scum. The death penalty exists because of people like him.
Facts stand on their own, not on the shoulders of those who argue for them. something as serious as the death penalty should be taken seriously, not just delegated away to wash your hands of any difficult decision making.
Huckleby is a hypocryte. He is a minister and should know what the fifth commandment says. Shall not kill. He will be responsible for his soul in the next life when he meets his maker if he does not ask for forgiveness here.
Patrick,
I believe it is the 6th commandment that says Shall not murder, big difference. Depends on translation, kill or murder. What is important is the meaning. What it means is not to take a life unjustly. If it meant not to kill anyone for any reason, then God broke his own law, and I don't think that is very likely.
Ever notice that people sentenced to life without parole don't appeal? It costs this country zillions to put someone to death. Just lock them up and throw away the key.
I do not understand the concept of execution being more costly than a life sentence.
51msg, the legal appeals process costs the taxpayer more than housing an inmate for life. Sad but true!
In checking the net it appears that it cost the taxpayer approximately $130.00 a day to care for inmates (Security, housing, medical, etc.). I imagine it would be higher for the death row inmates. That is over $47,000 a year. Well above, what one source has, the median household income of $26,400.
For the lawyers handling the appeals it's Cha Ching, Cha Ching, Cha Ching.
Big brave men who can murder other people suddenly become sissies (I would have used a feline word but it isn't permitted) when their turn to die comes.
They also find Jesus!
I'd like to see some data concerning the 'born again' paroled murderers and recidivism.
Do they kill again?
Can one rediscover Jesus?
I'm no friend of the legal system - I know it flawed, corrupt and self-serving. Plenty of innocent people are convicted, or worse, conned by lawyers to pleading to things they did not do (for a lesser sentence/so the prosecutor can meet his/her quota/make the mayor look good in election years).
However...
When there is sufficient evidence - when you're holding a signed confession - when the nature of the crime warrants the death of the guilty...
I am a huge proponent of "Bring Back the Guillotine". Now, since we want to make sure there are no mishaps, we need to do a little redesigning... lose the gravity-propelled blade in favor of a pneumatic, or better yet, hydrolic blade set to sufficient pressure to cut through a full grown redwood tree in the blink of an eye. This way there are no partial cuts, or heads hanging by strings.
Just stick in the condemned, strap down the body, turn on the sprayer (to wash the blood away), say a few parting words and "snip". Head comes off, lands in baggie. Once the body is done draining, it and baggie go where ever dead prisoners go to be disposed of. If the family likes, the mortician can reattach the head for the funeral (their expense).
Put one in each state that has death penalty, and call it a day.
So you basically want to go from violating state constitutions to violating the united states constitution? let's not take the cowards way out and lower ourselves to the level of the guilty.
If a potential murderer is thinking of killing someone, MAYBE just MAYBE knowing they WILL be put to death, they just might rethink of going thru with that murder!! WE outta try it! Life in prison crap does nothing to deter them!! And again, it takes that killer OUT of society!! If just for that reason, I say go for it!!
Jeepgal---
There are plenty of studies showing that the death penalty is not a deterrent. No one refrains from murder because they might get the death penalty. No, I won't point to the research, I've already done my homework. Look it up.
@James: No. But I do favor amending the US Constitution to put decapitation on the table as a legal means of execution. At most, the brain may live as long as six minutes when the head is separated from the body. Those six minutes, even if six minutes of utter horror, are quite in keeping with making the punishment suit the crime. Of course, we have no actual research to say for sure this is the case. But that's fine - perhaps this might actually serve as a deterrent.
OK so have the Legislature set the policy and get the executions back on track. Problem solved. I really hate these trivial BS arguments. They are more of an "Any port in a storm" argument than anything intended to make a lasting difference.
The state would save itself a bundle of money by just keeping these guys in jail for the rest of their lives. No more round after round of death row appeals. And if it turns out the wrong one was convicted, it eliminates the embarassment of having killed an innocent person. Might have to pay a bundle in compensation, but that's still a lot cheaper than a decade of appeals.
Streamline or eliminate the appeals process? That'll guarantee the deaths of innocent people. Do you know what it's called when you kill innocent people? The rest of us don't want to be party to your crimes.
odds are the legislature may wind up working to fix things and get the death penalty going again since some crimes have proven worthy of it. though now looks like the ones who are affected will get life. though they could just go back to the electric chair now or just go and try to find some drugs to use that no one will object too.
By what metric do you prove such "worthiness"?
We could solve this issue in one weekend. There are a lot of us who would gladly volunteer for firing squad duty. I would even supply my own rifle and ammunition. We could clear out all death rows in one weekend.
That's they way they did it 100 years ago! Worked great then! And didn't cost the taxpayers anything! :)
Just line them up and shoot betweeen the eyes. Far less expensive and no chemicals required
Let us go back to draw and quartering,no drugs,just 4 horses and a whip. Simple ,Allow all those who wish to watch,just incase they are contemplating a capitol crime.
Only the attorneys will profit.
Someone must have needed a third home on Long Island!
Oh Well , Shoot them them is cheaper
Go back to 5 strand hemp. Problem solved.
Life in prison without parole is ultimately cheaper and a bigger deterrent and avoids the very real possibility of society (that's you and I) murdering an innocent person.
The writing is on the wall. Execution will be outlawed, gay marriage and marijuana will be legalized. But we will still waste many millions of taxpayer dollars arguing about it for several more years. Too bad that money won't be spent helping our people instead of enriching lawyers,..... on health care and education for example.
This is an interesting topic for sure. I for one believe
that when you commit such a heinous act like taking another humans life you
lose most of your constitutional rights. You have the right to a fair trial and
legal counsel and to be treated humanely. Once you’re found guilty and
sentenced to death the process to put you to death should be quick and efficient.
Why do you think the other death row inmates joined the law suit? Because they
saw it as a way to prolong their lives. I don’t blame the cowards for doing it
as all cowards would. We in this nation are too easy on hard core criminals,
the punishment should fit the crime! I don’t see the death penalty as a deterrent
at all, in fact I have never found one article that indicates it is or has
been. I just believe that when you take another life you have forfeited your
right to life plain and simple. I would like to see all the death row inmates
in every prison put to death now. Stop wasting tax payer money on fruitless and
wasteful appeals and get the job done.
RE: The police abuse issue, so many of the Police were Klaas, Whitey (Bulger- Calif. mob boss) and Catherine Greig-I will tell you how I know-I am a UN Peacekeeper/U.S. Gov. agent "cold war specialist" Orville and Wilbur Wright's close blood relative-we have a High International court order from crimes against humanity BUSH ADM., and anew pending ICC case because of violations to that and U.S. Justice Dept court order-We knew along with CIA that the Robinsons’ (Catherine worked for them in one of OUR stolen Dental systems) that married into my STEP Great Grandfathers side were involved with SLA (Patricia Hearst kidnapping) ,Nazis and other war criminals and broke into our family Pentagon system where my close relatives had Parker Center LAPD-we know who the real cops are and who the frauds are-and they illegally sell our top secret U.S. weapon, Space, Air ,Rail and Water Craft to other countries-along with D.O.T. Wright commercial info‘s, and mostly to war criminals-, and lie about it being a Gov. or Military Operation. Police threaten me all the time and I have a spotless background and work with ICC-and look at that title-wow-I know your not lying about police abuse and framings-you can email ICC yourself-they are holding my child hostage and a Disney heir and I suspect the Pepsi Heirs-If you do email ICC and it took about 6mo (UN) to receive communications back-put a copy ,in your purse/wallet, and your car-its illegal for police to have or look at ICC communications, and we know they are stealing your cars-they tried to steal UN and U.S. gov vehicle to-to hide evidence, the black boxes-so we decide if they illegally take cars or make people give them their wallets, they are goin to jail for it.