[Deathpenalty] death penalty news----worldwide
Nov. 29 TURKEY: Different voices from inside Turkey's ruling party Deputy Prime Minister Tugrul Turkes is known to be against the death penalty. In the cabinet meeting presided by President Recep Tayyip Erdogan on Oct. 31, he expressed his views outright. "Even if the capital punishment is reintroduced, you cannot hang Ocalan and Gulen," Turkes said, referring to the Abdullah Ocalan, the head of the Kurdistan Workers' Party (PKK), and Fethullah Gulen, who is blamed for the July 15 coup. When Erdogan looked at him with questioning eyes, Turkes went on, "This is because, since Magna Carta, penalties are not retroactive." While the entire cabinet and the president were listening with heightened interest, he said, "In this case, we would bring back the death penalty but we would not be able to practice it. Reinstalling death penalty would disrupt our image. They would immediately expel us from the Council of Europe and NATO.? Upon these words of Turkes, Erdogan said, "How can they remove us from NATO? There is capital punishment in the U.S." Turkes elaborated, "This has been like this from the beginning in the U.S. There was capital punishment before NATO was formed; they did not change it afterward. They have a separate law. But we have been subject to the continental Europe law from the beginning." On the other hand, a cabinet minister known for his notable proclamations on the EU, in his meeting with the deputy chair of the AK Party, bluntly said, "If capital punishment is brought in, I will vote negatively." We have seen during the sexual abuse criminalization debates that the public in Turkey, since opposition remains inadequate, expects the members of the ruling AK Party to warn the government. In this process, there are certain people the president and the prime minister have consulted in the struggle against FETO, capital punishment and the presidential system. For this reason, I would like to reflect the shared thoughts of President Erdogan and PM Binali Yildirim. These names which are only a handful but have huge respectability, I think, and represent certain sensitivity within the AK Party. At the top of the matters is the capital punishment. "Death sentence cannot be retroactive. For this reason, it is not possible to execute Fethullah Gulen and Ocalan. It can only be practiced as of the date it is processed. It is also questionable what deterrence this would have for future acts." There are wrongs and rights in the fight against the Fethullahist Terrorist Organization (FETO). Here is a broader analysis: "Our president categorized the FETO structuring to 3 levels as the top being betrayal, the middle commerce and the bottom worship. The betrayal attempted a coup in July 15. This has military and civilian connections. They have connections in military, police, the national intelligence organization. They have brothers, sisters and imams in civilian life. We should fight these. "The commercial middle class, though, is a structure financially supporting them. In fighting these, we should determine a commercial capacity. We should target those that have a certain commercial capacity; however, we should not spread it to the street grocery store level. "There is also the believer, the worshipper dimension. We should make them see the truth. "Out of those who have been caught in July 15, 90 % are in the betrayal group. The judgement should start from there. Each institute should not have its own measures. There should be penalty criteria of 4 or 5 clauses. The process should function accordingly. But this is not being done. The fight is conducted irregularly. Social wounds are opened. The civilian leg has reached hundreds of thousands but the military leg has not yet reached 10,000. The fight against FETO business should not be considered as a score." On the subject of conducting the presidential system together with the opposition Nationalist Movement Party (MHP), there is a "be careful" warning. "As a result of the presidential system, there will be a bi-party system. The MHP will erode. Why should MHP leader Devlet Bah???eli want a system where the MHP will lose? Where does this appetite for the presidential system come from for Bahceli? Will the MHP crash us to the wall?" We are walking step by step to the "President of the Republic" system. It looks as if the constitutional amendment will pass in the parliament and it will be acknowledged with a significant vote rate in the referendum. Nevertheless, I still wanted to reflect different evaluations within the AK Party. (source: Hurriyet Daily News) BAHAMAS: Death Penalty Sought For Double Murder In Andros A judge was asked yesterday to impose the death penalty on 2 men convicted of the murder and kidnapping of a Department of Immigration officer and his girlfriend in Andros. Zintworn Duncombe, 28, and James Johnson, 22, appeared before Justice Indra
[Deathpenalty] death penalty news----TEXAS, OHIO, NEB., ORE.
Nov. 29 TEXAS: U.S. justices sympathetic to death row inmate on intellectual disability A majority of U.S. Supreme Court justices on Tuesday appeared ready to side with a man sentenced to death for a 1980 Houston murder who is challenging how Texas gauges whether a defendant has intellectual disabilities that would preclude execution. The Supreme Court ruled in 2002 that the execution of people who are intellectually disabled violates the U.S. Constitution's ban on cruel and unusual punishment. At issue in the arguments the eight justices heard on Tuesday was whether Texas is using an obsolete standard to assess whether a defendant is intellectually disabled. Bobby Moore, convicted at age 20 of fatally shooting a 70-year-old grocery clerk during a 1980 Houston robbery, is challenging his sentence in Texas, which carries out more executions than any other U.S. state. Moore's lawyers contend their client is intellectually disabled and should be spared execution. They argued that a lower court that upheld his sentence wrongly used an "outdated" 24-year-old definition used in Texas when it determined he was not intellectually disabled. Moore's appeal focused on how judges should weigh medical evidence of intellectual disability. His lawyers said that a lower court found that Moore's IQ of 70 was "within the range of mild mental retardation." Based on questions asked during the argument, the justices, equally divided between liberals and conservatives, appeared likely to rule for Moore, 57. Justice Anthony Kennedy, a conservative who sometimes sides with the liberals, looked likely to be the key vote. Kennedy and two other current justices were in the majority in the 2002 ruling precluding executing people with an intellectual disability. At one point during the argument, Kennedy said that the state appeals court precedent on which Texas relies was intended to "really limit" the definition of intellectual disability. Texas Solicitor General Scott Keller responded that the state court has "never said that the purpose ... is to screen out individuals and deny them relief." "But isn't that the effect?" Kennedy asked. Justice Elena Kagan, a liberal, said the Texas standards appeared to reflect a decision by the state court to reject expert clinical findings because "they don't reflect what Texas citizens think." The Supreme Court's justices have differed among themselves over capital punishment but the court has shown no indication it will take up the broader question of the whether the death penalty itself violates the Constitution. Liberal justices Stephen Breyer and Ruth Bader Ginsburg have said the way the death penalty is implemented may be unconstitutional, in part because of differences from state to state. Breyer hinted at those concerns during Tuesday's argument. He said it may not be possible to set an intellectual disability standard that is applied uniformly nationwide, meaning there will be "disparities and uncertainties" and "people who are alike treated differently." The high court on Oct. 5 heard arguments in another Texas death penalty case. In that one, the justices appeared poised to rule in favor of black convicted murderer Duane Buck, who is seeking to avoid execution after his own trial lawyer called an expert witness who testified Buck was more likely to be dangerous in the future because of his race. Rulings in both cases are due by the end of June. (source: Reuters) On death row for 1980 killing, Texas inmate asks Supreme Court to spare him A Texas death-row inmate who once struggled to spell the word "cat" exposed on Tuesday sharp differences among Supreme Court justices over capital punishment and the judging of intellectual disability. In an hour-long oral argument set against the backdrop of an upcoming confirmation battle, the short-handed court seemed split along conventional conservative and liberal lines. The fate of inmate Bobby James Moore and others like him who are on the borderline of intellectual disability now appears to hang on one swing vote, that of Justice Anthony Kennedy. "This is a vitally important, life or death issue," Moore's attorney, Clifford M. Sloan, told the justices. In 2002, the court held that the Eighth Amendment prohibits the execution of people with intellectual disabilities. It???s been up to individual states to determine how this standard is met. In Moore's case, Texas applied a standard subsequently spelled out in a 1992 manual by the American Association of Mental Retardation. Critics, including Moore's attorneys, consider this standard outdated, and some justices Tuesday clearly agreed. "Your view ... of state discretion is that a person that every clinician would find is intellectually disabled, the state would not find is intellectually disabled, because a consensus of Texas citizens would not find that person to be
[Deathpenalty] death penalty news----worldwide
Nov. 29 PHILIPPINES: House panel approves revival of death penaltyCapital punishment recommended for illegal drugs, murder, rape, arson, kidnapping The House of Representatives' justice committee will soon start deliberating on a bill to reinstate the death penalty, after a sub-panel approved the proposal on Tuesday. During a hearing by the judicial reforms subcommittee, 6 congressmen voted to submit a substitute bill re-imposing capital punishment for heinous crimes, such as illegal drugs, murder, rape, arson, and kidnapping. Another 5 voted for a version of the proposal that would have limited the death penalty to illegal drug-related crimes. After the hearing, the measure will be forwarded to the mother committee. Once approved, it will be brought to the plenary for debates. The reimposition of capital punishment is 1 of the House's priority measures (the other being the proposal to revert the minimum age of criminal responsibility to 9) which Speaker Pantaleon Alvarez said would be passed before the Christmas break of Congress. The imposition of death penalty was prohibited in 2006 after then President Gloria Macapagal-Arroyo signed Republic Act No. 9346 into law. The penalty for offenses previously punishable by death was downgraded to reclusion perpetua or life imprisonment. Albay 1st District Rep. Edcel Lagman, who was one of the lawmakers who passed the bill that abolished death penalty, reiterated on Tuesday that the House has been "railroading" its revival. "In other words, the message of the House leadership is: 'have a deadly Christmas,'" Lagman said in a briefing. (source: newsinfo.inquirer.net) SOUTH AFRICA: The case for and against return of the death penalty South Africa's high crime rates have resulted in increasing calls for the re-instatement of the death penalty as a deterrent. Despite various polls indicating a significant portion of the country being in favour of its re-instatement, it remains a divisive and contentious issue that would require an amendment to the Constitution which protects citizens' right to life. The death penalty was abolished more than 20 years ago with the advent of a post-apartheid society. "If we are going to bring back the death penalty, we would have to amend the Bill of Rights which is almost never a good idea." - Pierre de Vos, Constitutional Law expert De Vos made it clear that any changes to the Bill of Rights requires a 2/3 majority vote in Parliament and says that will never happen. 702/Cape Talk's Eusebius McKaiser (standing-in for Redi Tlhabi) engaged constitutional law expert, Pierre de Vos, and director of Christian View Network, Philip Rosenthal, to present both sides of the argument regarding the issue. De Vos said that the pro-death penalty deterrence argument conflicts with the heart of democratic South Africa's founding principles in upholding equality and justice. "People talk about the death penalty as if it's going to stop crime or be a deterrent, while all the evidence suggests is that it is not a deterrent." - Pierre de Vos, Constitutional Law expert The SA Institute of Race Relations (SAIRR) recently said the following in stating a case against the re-instatement of the death penalty: "human beings who are not infallible ought not to choose a form of punishment which is irreparable". However, Rosenthal emphasised that part of the process of justice is taking a life for a life in the form of capital punishment. (source: 702.co.za) TURKEY: MHP leader urges death penalty bill amid EU tensionsOpposition leader Devlet Bahceli calls on ruling AK Party to send parliament bill to reinstate capital punishment Turkey's Nationalist Movement Party's leader (MHP) Devlet Bahceli gives a speech during his party's group meeting at the The Grand National Assembly of The opposition Nationalist Movement Party (MHP) on Tuesday urged the ruling Justice and Development (AK) Party to submit a bill to reinstate capital punishment amid tensions with the European Union, which does not allow the death penalty among member states. "The AK Party should submit a bill on capital punishment to the Turkish parliament as soon as possible now that the European Parliament does not want it and uses it as an excuse to end relations [with Turkey]," Devlet Bahceli told MHP parliamentary deputies, referring to last week's non-binding EP vote calling for a freeze on Turkey???s EU accession talks. Turkey is an EU membership candidate, and it abolished the death penalty in 2004. Since the July 15 defeated coup, which martyred 248 people and wounded nearly 2,000 others, many officials have called for the death penalty to be reinstated for the putschists. Days after the coup, on July 19, Bahceli voiced support for bringing back the death penalty, and on Nov. 1, he said his party would support the AK Party government if it chooses to go
[Deathpenalty] death penalty news----NEB., NEV., CALIF., ORE.
Nov. 29 NEBRASKA: Changes to death penalty protocol proposed In an effort to overcome logistical issues that have prevented the state from obtaining the necessary drugs to follow the current death penalty protocol, officials have proposed a revised protocol. The proposal announced Monday did not include a set method or list of substances to be used. Instead, it would allow the state corrections director to choose which drugs are used in an execution. Condemned inmates would have to be told which drugs were chosen at least 60 days before the Nebraska attorney general's office requests an execution warrant from the Nebraska Supreme Court. A public hearing on the proposal will take place on Dec. 30 at the State Office Building. Nebraska hasn't executed an inmate since 1997, when it used the electric chair. The state has never used its current three-drug protocol consisting of sodium thiopental, pancuronium bromide and potassium chloride. Voters reinstated the death penalty earlier this month, overturning the Legislature's decision to get rid of it. Danielle Conrad, Executive Director of the ACLU of Nebraska, has this reaction: "The ACLU of Nebraska stands ready to fight against any effort to cloak Nebraska's broken death penalty in secrecy. Regardless of how people feel about the death penalty we should all agree that Nebraskans value government transparency and accountability in all matters. In fact, inscribed right on our state Capitol is 'the salvation of the state is the watchfulness of the citizens.' As citizens, we can't complete that duty if the government only offers us selective information, editing out all the ugly parts. "Both death penalty supporters and opponents should be able to agree that the most extreme use of state power should absolutely not occur in the shadows. As the Supreme Court has said, 'the protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people.' "Given the recent history of scandals within the Department of Corrections, this Department should be making extra efforts to be transparent and accountable to the people of Nebraska. "Any ill-advised effort to limit the rights of citizens, journalists, and criminal defendants to know and understand this process would implicate grave constitutional, legal and policy questions that will come at the expense of the Nebraska taxpayer." (source: nebraska.tv) ** Nebraska officials propose changes to death penalty protocol Nebraska officials say they will try to change the state's death penalty protocol in an effort to get around the logistical problems that have prevented them from obtaining the necessary lethal injection drugs. The proposal announced Monday would allow the state corrections director to choose which drugs are used in an execution. Condemned inmates would have to be told which drugs were chosen at least 60 days before the Nebraska attorney general's office requests an execution warrant from the Nebraska Supreme Court. Nebraska hasn't executed an inmate since 1997, when it used the electric chair. The state has never used its current 3-drug protocol consisting of sodium thiopental, pancuronium bromide and potassium chloride. Nebraska voters reinstated the death penalty earlier this month, overturning the Legislature's decision to abolish the punishment. (source: Associated Press) New death penalty protocol proposed The Nebraska Department of Correctional Services has proposed revisions to the state's execution protocol. It plans a public hearing on Dec. 30 from 9 a.m. to 2 p.m. at the State Office Building, 301 Centennial Mall, Lower Level Conference Room. Nebraskans voted to keep the death penalty on Nov. 8. The current protocol provides for a 3-drug combination. The proposed protocol does not identify the substances to be used or the detailed method in which they will be administered. (source: Lincoln Journal Star) NEVADA: Court rejects man's appeal in death penalty case The Nevada Supreme Court has rejected the appeal of Thomas Collman, sentenced to death for killing his girlfriend's 1-year-old son in January 1996 in Ely. Collman, who was training to become a correctional officer at the state prison in Ely, argued in his petition that there were more than 30 instances of ineffective counsel and prosecutorial misconduct. The Supreme Court, in a 5-1 opinion issued Wednesday and written by Chief Justice Ron Parraguirre, ruled that Collman's claims were without merit. Justice Michael Cherry dissented, saying defense lawyers failed to strenuously object to evidence presented at trial. Cherry said the conviction was based in part on "junk" scientific evidence. Collman said the boy died when he fell down a set of basement stairs, according to court documents. The prosecution said
[Deathpenalty] death penalty news----TEXAS, N.C., GA., FLA., OHIO
Nov. 29 TEXAS: U.S. Supreme Court To Hear Texas Death Penalty Case On Intellectual Disability It's unconstitutional to execute people with intellectual disabilities, that much the U.S. Supreme Court has made clear. But things get fuzzy when individual states try to legally determine "intellectual disability," and that ambiguity is leading Texas to its latest hearing before the high court. On Tuesday morning, the 8 justices will hear arguments surrounding Texas' method of determining the condition, ultimately deciding if the state's approach fits within past rulings specifying who can be put to death. The case is brought forth by Bobby Moore, a death row inmate of more than 36 years. In April 1980, Moore, then 20, walked into a Houston supermarket with 2 other men, wearing a wig and holding a shotgun, according to Texas' brief to the high court. He approached the clerks' counter and shot 73-year-old James McCarble once in the head, killing him. Decades after receiving the death sentence, the 57-year-old man still sits in prison. Moore's appeals have been exhaustive; he was even granted a second sentencing hearing in 2001 and again handed the death penalty. In his latest appeal, Moore's attorneys claim he is intellectually disabled, which would make him ineligible for execution. But courts have disagreed on how to legally determine the disability. 2 previous Supreme Court rulings have addressed executing intellectually disabled people. In 2002, Atkins v. Virginia ruled that executing those with the disability violates the Eighth Amendment's ban on cruel and unusual punishment, but left it up to the states to legally define the condition. In 2014, Hall v. Florida specified that an IQ higher than 70 did not alone eliminate the condition, and that legal determination "is distinct from a medical diagnosis but is informed by the medical community's diagnostic framework." "I'm very concerned of this propensity to push the envelope and define more and more people as intellectually disabled, including people that regular folks would not for a moment consider to have that condition." - Kent Scheidegger, legal director of the Criminal Justice Legal Fund After Atkins, Texas' highest criminal court set the state's definition of intellectual disability in Ex parte Briseno as those with a low IQ and poor adaptive functioning since childhood. In setting the standard, the Texas Court of Criminal Appeals controversially referred to Lennie, a character from John Steinbeck's Of Mice and Men, in describing how to define the condition. "Most Texas citizens might agree that Steinbeck's Lennie should, by virtue of his lack of reasoning ability and adaptive skills, be exempt," the ruling stated. "But, does a consensus of Texas citizens agree that all persons who might legitimately qualify for assistance under the social services definition of mental retardation be exempt from an otherwise constitutional penalty?" The same year Hall was decided, a state district court determined that Moore was indeed intellectually disabled, but the ruling was overturned by the Court of Criminal Appeals. Judge Cheryl Johnson wrote that the lower court erred by using current medical standards to determine the condition, instead of the framework set up by the criminal appeals court, which adheres to the 1992 definition set by the American Association on Intellectual and Developmental Disabilities (AAIDD). "Although the mental-health fields and opinions of mental-health experts inform the factual decision, they do not determine whether an individual is exempt from execution under Atkins," Johnson wrote in the opinion. "The decision to modify the legal standard for intellectual disability in the capital-sentencing context rests with this Court unless and until the Legislature acts, which we have repeatedly asked it to do." On Tuesday, attorney Cliff Sloan, representing Moore, will argue that the CCA violated the constitution by requiring courts to use medically outdated standards to determine if a death row inmate is intellectually disabled and ineligible for execution. Moore's brief claims that courts should be using current medical standards to determine intellectual disability, and that the Briseno definition is unjust and only qualifies certain people with intellectual disability as exempt from execution, instead of all of them. "In Briseno, the CCA - while ostensibly adopting a 1992 clinical definition of intellectual disability - criticized the medical community's diagnostic framework as 'exceedingly subjective,' and fashioned its own additional 'factors' for intellectual disability derived from lay stereotypes and lacking any clinical foundation," Moore's brief to the high court said. "There really isn't any confusion in the medical and the scholarly environments about what is intellectual disability. This is a condition that's been around since as long
