[Deathpenalty] death penalty news----worldwide
Jan. 13 JAMAICA: Capital punishment and justice Opponents of capital punishment often put forward the proposition that it doesn't deter murder. That proposition is unprovable. But more than that, it disregards the reason for capital punishment persisting throughout history: the need for retributive justice. Inasmuch as a concern to prevent crime is noble, it being the reason for not executing murderers minimises the gravity of murder; and it denies the survivors of victims the psychic satisfaction that condign punishment has been suffered for their loss. To me, that isn't justice. So what is justice? Russel Kirk, writing for the Heritage Foundation in 1993, gave this as the classical definition of justice: "The classical definition, which comes to us through Plato, Aristotle, Saint Ambrose, and Saint Augustine of Hippo, is expressed in a single phrase: suum cuique, or to each his own." As this is put in Justinian's Corpus Juris Civilis, "Justice is a habit whereby a man renders to each one his due with constant and perpetual will." (The meaning of justice). This means that justice must be constant, being 'a habit'; and it is about punishing the offender, not deterring crime or rehabilitating the offender. That kind of justice is obvious and retributive. It validates the enduring maxim from Chief Justice Lord Hewart that, "It is not merely of some importance, but of fundamental importance that justice should not only be done, but should be manifestly and undoubtedly seen to be done." DETERRING CRIME Those who insist that executing a man for murder doesn't deter other men from committing murder, because murders continue despite executions, should tell us why we should punish people for any crime. For crimes continue despite punishment. People are punished every day for theft, child abuse, and a host of other crimes, yet other people continue to do them, well knowing of the punishment. To argue that the death penalty doesn't deter murder, and insist on giving life sentence instead, implies that life sentence is a deterrent; but despite life sentences, murder continues. Since life sentence is a deterrent in the view of those who oppose execution on the ground that it isn't a deterrent why don't we just catch a bunch of people and lock them up for life, to prevent murder? C.S. Lewis, British thinker and apologist, said of the deterrence argument: "If deterrence is all that matters, the execution of an innocent man, provided the public think him guilty, would be fully justified." Another argument against the death penalty is that it is cruel and unusual punishment. That is, it is too severe for a human being. But is it cruel and unusual for a man who has taken the life of another human being, in a most brutal fashion, as is murder, to be given the same or equivalent treatment he gave to his victim? MERCIFUL PUNISHMENT I believe there is an element of mercy in the application of the death penalty, especially today in the Western world. Convicts are no longer drawn and quartered, devoured by animals, crucified, burned at the stake, stoned, and have their heads chopped off by the guillotine. Lethal injection and electrocution are clean and efficient methods: the convict gets his dessert in minutes, not suffering the agonising ordeal to which he subjected his victim or victims. And a man who knows he will be executed at a set time has the opportunity to make things right between himself and his Maker before his execution. In light of this, execution could be an instant passage into eternal bliss. Contrast that with having a man in prison for life, sometimes for decades, in the most inhuman conditions, where he is denied contact with the outside world. That is cruel and unusual punishment. Finally, to those who insist that DNA has shown that sometimes innocent people have been executed, I say that since DNA is so precise, it means the chance of executing an innocent person, where DNA evidence is available, is almost nil. That is even more reason for executions. Following the reasoning that since innocent people have been executed we should not have capital punishment, we should then dispense with all types of punishment, for innocent people are mistakenly punished for crime every day. (source: Ewin James is a freelance journalist; Jamaica Gleaner) IRANexecutions Prisoner Hanged on Murder Charges A prisoner was reportedly executed at Urmia Central Prison on murder charges. According to the news agency, Kurdistan Human Rights Network, the name of the prisoner is Nasser Soltani. According to the human rights news agency, HRANA, Mr. Soltani's execution sentence was carried out on Wednesday January 11 while 3 other prisoners, including a woman, who had been transferred to solitary confinement along with Mr. Soltani on Tuesday, were returned to their cells after their death sentences were postponed. The
[Deathpenalty] death penalty news----IND., NEB., ARIZ., CALIF., ORE., USA
Jan. 13 INDIANA: Isom death penalty case back before Indiana Supreme Court A Gary man sentenced to death for murdering his wife and 2 stepchildren in 2007 may lose a final chance for state court review of his case because he refuses to sign a document required to seek post-conviction relief. Attorneys for Kevin Isom, 51, asked the Indiana Supreme Court on Thursday to overrule Lake Superior Judge Samuel Cappas, who last year concluded that Isom's refusal to sign, on multiple occasions, meant that he was forfeiting any opportunity for post-conviction proceedings. "This is a death penalty case. Here we have a heightened need for due process. We simply, as a state, our values do not want us to allow someone to proceed to execution because of a missing signature," said Anne Kaiser, deputy state public defender. According to court records, Isom refused to sign the document because he believed his attorneys were incompetent to represent him, and persisted in his refusal even after being offered other attorneys at no cost to him. Deputy Attorney General Kelly Loy urged the high court's five justices, who unanimously affirmed Isom's three murder convictions and death sentence in 2015, not to reward Isom's efforts to postpone final justice. "There is no incentive for a capital defendant to quickly proceed through collateral review. In fact, the incentive is the opposite, and that is to delay the proceedings," Loy said. That argument appeared to resonate with Justice Robert Rucker, a Gary native, who suggested Isom is trying to game the system. "He doesn't make the rules. Either you sign it, or there are consequences," Rucker said. "It seems to me that he wants to be in control of how the rules are written, and I have trouble with that." On the other hand, Chief Justice Loretta Rush and Justices Steven David and Mark Massa each asked what harm there would be in allowing Isom's post-conviction petition to proceed absent his signature. "I think it's pretty clear he does want to go forward. He just doesn't want to sign that until he gets the lawyer he wants," Massa said. David suggested he would be much more comfortable denying post-conviction relief if Isom explicitly declared he had no interest in proceeding, as others awaiting execution have done in the past to speed their path to the death chamber. "It seems like we're almost being asked to resolve an internal conflict between the state public defender's office and your client. Not our lane," David said to Kaiser. Kaiser responded that she believes Isom has mental illness that prevents him from fully understanding that failing to sign the document could end his legal remedies in Indiana's courts. The Supreme Court is expected to decide in a few months; after that, Isom likely will be able to seek federal court review. (source: nwitimes.com) NEBRASKA: 5 Questions you've asked about Nebraska's Death Penalty After showing overwhelming support for the death penalty in November's election, many Nebraskans expected executions of those on death row would get underway promptly. It's not that easy. Gov. Pete Ricketts and the Department of Correctional Services created new rules and procedures required to carry out the process of lethal injection. A public hearing was held on the last day of 2016. It appears doubtful there will be many significant changes. The governor's signature on the final draft is expected soon. Here are some of the questions often asked about the next steps needed to proceed with a legal execution. When will Nebraska schedule its next execution? There is no public speculation among state officials about when the next execution will take place in Nebraska. The state's attorney general told NET News there are too many steps in the process to project ahead. That includes likely legal challenges to the proposed revised protocols in general and new appeals put forward by individual death row inmates. "The 1st logical step is to get the rules approved and implemented," Nebraska Attorney General Doug Peterson told NET News. When the rules are signed by the governor, it will be up to the attorney general to take the 1st step: select which case to present to the Nebraska Supreme Court to request a death warrant. The justices review the merits of the case and, if advanced, set a date for the execution. Who will be the next person executed? If the date is uncertain then you can expect that identifying which of the men on death row will be chosen 1st is another topic of speculation which state officials avoid. Peterson said when the protocols are enacted "the most logical and legal approach is to examine where each one of the death row inmates stand with regards to their appeals and whether their appeals have been exhausted." That criteria shortens the likely list considerably. Cary Dean Moore, sentenced to death in for the 1979 murders of 2 Omaha
[Deathpenalty] death penalty news----TEXAS, N.H., PENN., GA., FLA., ALA., OHIO
Jan. 13 TEXAS: The Texas death penalty is dying The Texas Coalition to Abolish the Death Penalty (TCADP), a statewide grassroots organization working to end the death penalty, recently published its annual death penalty report, which illustrates that some Texans are re-thinking their views on capital punishment. TCADP's findings reveal that prosecutors and jurors are losing interest in sentencing defendants to die. Given that Texas' death penalty has been plagued by inequity, inefficiency, and inaccuracy, it makes sense that capital punishment is falling out of favor. 2016 marks the 2nd year in a row of Texas juries sentencing the fewest number of people to death since 1976. Death sentences peaked at 48 in 1999, while there has been a total of 3 this year. Executions in Texas have also steadily declined to the lowest number in 20 years; last year, there were 7. Harris and Dallas counties have traditionally been known for their high number of death sentences. However, prosecutors in these counties have increasingly elected not to pursue that punishment, and jurors have chosen alternative sentences such as life without parole. Consequently, no one has been sentenced to death in either county in 2 years. Moreover, when Texas has executed people, it hasn't been pretty. Texas is America's leading death penalty state, executing 538 individuals since 1982, and the state has faced a number of controversies. Rather than punishing only the worst of the worst, the death penalty has disproportionately singled out poor, mentally handicapped, and minority defendants. People who cannot afford a private attorney are at a of receiving a death sentence in Texas, according to the Death Penalty Information Center, a U.S. non-profit national organization that provides information on the death penalty. The TCADP report found that almost 1/2 of those executed in Texas over the last 2 years had severe and mitigating impairments such as mental disabilities. The report also found that 80% of those executed in Texas over the last 5 years were people of color. In October, the U.S. Supreme Court heard arguments over the case of Duane Buck, who had been convicted of murder and sentenced to die. He is languishing on Texas' death row, in part, because of allegedly tainted testimony that Buck presented a higher risk of future danger because he is African American. When confronted by problems like these, capital punishment begins to look less like a solution and more like an injustice. There were 7 stays of execution in Texas in 2016 - one for a man named Charles Flores. The primary evidence against Flores was a hypnotized eyewitness. Jeff Wood also received a stay, and the case against him included testimony from a discredited psychologist who did not bother to even interview the accused. Another stay was issued for Robert Pruett, who was scheduled for execution despite the existence of unexamined evidence, as well as conflicting DNA evidence, from the crime scene. Texas is no stranger to the high price of the death penalty. Costs of a single death penalty trial run close to $3 million dollars, according to some studies, and it is 'we the people' who pay. Jasper County, Texas, increased property taxes by 7% to pay for 2 capital trials, while Kaufman County, Texas, is expected to pay $500,000 for expert witnesses in a single capital trial. In fact, it is only because Kaufman County is a part of the Capital Defense Fund Program that they are not expected to pay an additional $1.3 million dollars. We have poured millions into the death penalty, but the return on our investment has been minimal at best. Texas has wrongly convicted and sentenced at least 13 people. Others have been executed who might have been innocent. Meanwhile, studies show the death penalty doesn't protect society, and many murder victims' families say the complex and lengthy process doesn't offer them the swift justice or closure that they seek. Some feel the system forces them to constantly relive the murders of their loved ones as they endure ongoing legal wrangling and incessant media attention. Given the facts, it should not surprise anyone that Texans are losing faith in the death penalty. We like solutions that work. Capital punishment does not work, and that may be why Texas' death penalty is in a steep decline. (source: Texas Tribune) NEW HAMPSHIRE: Sampson's 2nd sentence could renew NH execution issue Twice sentenced to death in a federal court, carjacker and murderer Gary Sampson will now have to wait to find out whether he will be executed in New Hampshire. Earlier this week, a federal court jury in Boston found Sampson, 57, guilty of murder and sentenced him to death for his 2001 spree, in which he killed 2 people in Massachusetts and 1 New Hampshire. A 2003 trial on the same charges - a trial in which the verdict was later thrown out - also found Sampson guilty
