Pete Theisen wrote: > Leland F. Jackson, CPA wrote: > >> Pete Theisen wrote: >> >>> Leland F. Jackson, CPA wrote: >>> >>> >>>> Pete Theisen wrote: >>>> >>>> >>>>> Leland F. Jackson, CPA wrote: >>>>> >>>>> >>> >>> >>>>> Were I a governor I would sign every death warrant presented to me and I >>>>> would also at the same time grant a conditional stay of execution. As >>>>> long as the convicted murderer never tried to get out, never asked for a >>>>> new trial except based on positive dna evidence of innocence, and was a >>>>> model prisoner the stay of execution would remain in force, effectively >>>>> commuting the death sentence to life imprisonment. Violate the >>>>> conditions of the stay and the convict is immediately executed. >>>>> >>>>> >>>>> >>>> That's not a bad idea, except for one thing. Sometime it takes years, >>>> or even decades, before the innocences of a convicted death row inmate >>>> come to light. I think it would be better to have a maximum sentence of >>>> life in prison without parole. Then, if a prisoner is proven innocent >>>> beyond a doubt after many, many years, the wrongful conviction can be >>>> set aside and the prisoner released. >>>> >>>> >>> Hi Leland! >>> >>> Think about it? How is my position appreciably different from yours? >>> >>> >> If an innocent man attempted to escape, you would execute him, perhaps >> later to learn that the convict was innocent all along, while I would >> never execute the convict, (eg life in prison without parole), so if the >> convict were latter found to be innocent, I could make amend the >> miscarriage of justice. >> > > Hi Leland! > > Not quite, a convicted but innocent man who had pledged not to try to > escape, as a condition of his commutation. Can't you see the difference? > Your plan is flawed. Essential what your plan does is grant a conditional stay of execution to all prisoners on death row, even though some prisoners receiving the conditional reprieve may be innocent of the crime in the first place.
It is possible that some prisoners would not accept the reprieve; because, it would be a kind of admission of guilt. The condemned man probably would rather remain on death row, while fighting to prove his innocents. The innocent man would likely never attempt to escape from prison; because knowing for sure of his own innocents means there is hope that he could find a way to prove beyond doubt that he did not commit the crime. Your plan doesn't make sense; because, it assume that the prisoner is guilty and will admit to the crime by accepting a conditional reprieve. It would be difficult to administer; since, it continues two separate system; one to house prisoners with life sentences, and one to execute prisoners that violate their conditional reprieve. A criminal justice system that imposed a maximun sentence of life in prison without parole should work find, if you added capital punishment for prisoner that committed murders during escape attempts, (eg the killing of prison guards, law enforcement, or other citizen during a prison break). Regards, LelandJ --- StripMime Report -- processed MIME parts --- multipart/alternative text/plain (text body -- kept) text/html --- _______________________________________________ Post Messages to: [email protected] Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech Searchable Archive: http://leafe.com/archives/search/profox This message: http://leafe.com/archives/byMID/profox/[EMAIL PROTECTED] ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
