[Deathpenalty] death penalty news----LA., TENN., NEB., CALIF., USA
August 12 LOUISIANA: On the death penalty and unanimous juries Interestingly, a flawed and controversial decision by Pope Francis on capital punishment also yields some insights into whether Louisiana should require unanimous jury verdicts for felony cases. Earlier this month, the pope announced a change in the Roman Catholic Church's Catechism, the document outlining basic church beliefs. Francis said henceforth the Catechism would declare capital punishment entirely "inadmissible." The church had previously supported executions for dire cases that ensured protection of society. A Vatican official called the change needed to reflect the present "political and social situation" that made the death penalty an affront to "dignity of a person." The change is an explicit rejection of past doctrine that retribution may be just and even redemptive. As theologically questionable as Francis' action may be, it still can provide a guidepost to thinking about capital punishment. The death penalty becomes morally justifiable when it saves lives, largely through deterrence, as much high-quality, nonpartisan research amply demonstrates. This squares fully with the Catechism's instructions about "legitimate defense," affirming the morality of taking a life to preserve innocent ones. Yet much of that same research shows the deterrent effect disappears when the death penalty falls into disuse. Logically, if a potential murderer believes chances of his execution for that crime approach zero, he doesn't fear capital punishment as much. The odds of being executed fall greatly when death sentences get bogged down in endless appeals, which is the present state of affairs in Louisiana. Dozens of inmates here have languished on death row for decades. Actually, few individuals have death sentences thrown out because a jury just got it wrong. Most reversals involve some other circumstance, such as prosecutorial misconduct, but in rare instances, post-trial evidence comes to light to corroborate the innocence of a death row inmate. If there are fewer close calls among jurors, there's a smaller chance of a mistake. Convictions by split juries - currently, in Louisiana, for felonies only 10 of 12 jurors need to vote to convict - likely involve more of these close calls, as the clearer the evidence of guilt, the less likely any juror would dissent. So requiring jury unanimity bolsters confidence in the system, which should reduce obstacles to carrying out executions. That would give capital punishment more teeth, making it more of a deterrent. This fall, Louisiana residents will vote on a proposal to amend the state constitution to require unanimous juries for felony convictions. They should. Requiring unanimous juries for felony cases could help prevent wrongful convictions. It would also strengthen the death penalty, making it more likely that potential killers think twice before ending the lives of innocent victims. Meanwhile, Louisiana Catholics should pray that the Holy Father's rewriting of the Catechism on the death penalty doesn't undermine the church's claim of teaching eternal truths. (source: Jeff Sadow is an associate professor of political science at Louisiana State University-Shreveport, where he teaches Louisiana governmentThe Advocate) TENNESSEE: As I watched Billy Ray Irick executed, I could feel the heartbeat of another mom As I watched Billy Ray Irick die Thursday, I couldn't stop thinking about Paula Dyer, the sweet little 7-year-old Knoxville girl he savaged and suffocated, and the mother who never got to kiss her goodbye. I was supposed to be at Riverbend Maximum Security Institution to document Irick's death - to watch and witness how the state killed him. A Knox County jury, way back in 1986, sentenced him to die for grabbing little Paula, forcing her into a bedroom, barricading the door as her siblings screamed, holding that child down, covering her mouth, raping her over and over, then casting her aside inside her Exeter Avenue home. Thirty-three years after his crimes, I sat in a tiny room, a note pad and pencil in my hand with instructions to watch him die. But my eyes kept shifting from the gurney where Irick was dying - with his eyes closed and his body barely moving - to a room just a few feet away from me where Paula's mother, Kathy Jeffers, sat watching, too. I couldn't see her. The execution chamber is designed that way - to keep folks who know nothing of a survivor's pain away from their display of it. But I could feel her heart beat as a fellow mother. We mothers do all we can to raise good kids and keep them safe. Kathy Jeffers certainly did. She was raising 5 children and working as a waitress at a truck stop to keep them fed. Little Paula was already an honor student and as friendly as she was adorable. Irick was the bogeyman we mothers fear - a predator disguised as a friend, the mon
[Deathpenalty] death penalty news----worldwide
August 12 BOTSWANA: The Paradox of Botswana's Death Penalty In Sub-Saharan Africa, a region with no shortage of development challenges, Botswana stands out for its strong economy, stable democracy, and commitment to the rule of law. But by 1 measure - its support for capital punishment - Botswana is frighteningly narrow-minded. If the country of my birth is to retain its reputation as one of Africa's most liberal states, it must confront its affinity for the gallows. According to Amnesty International, most of Africa is abandoning the death penalty. Today, just 10 African countries allow for capital punishment, and only a handful ever use it. Botswana - an affluent, landlocked, diamond-exporting state - is among the leading exceptions. After a lull in killings in 2017, Botswana has resumed executing convicted murderers; Joseph Tselayarona, 28, was executed in February, while Uyapo Poloko, 37, was put to death in May. Botswana's legal system - and the basis for capital punishment - is rooted in English and Roman-Dutch common law. According to the country's penal code, the preferred punishment for murder is death by hanging. And, while the constitution protects a citizen's "right to life," it makes an exception when the termination of a life is "in execution of the sentence of a court." But the country's relationship to the death penalty predates its current legal statutes. In the pre-colonial era, tribal chiefs - known as kgosi - imposed the penalty for crimes such as murder, sorcery, incest, and conspiracy. To this day, history is often invoked to defend the status quo. In a 2012 judgment, the Botswana Court of Appeals wrote that capital punishment has been imposed "since time immemorial," and "its abolition would be a departure from the accepted norm." After Tselayarona was executed, the government even tweeted a photo of then-President Ian Khama under a caption that read, "Death penalty serves nation well." (source: mareeg.com) INDIA: Act allowing death sentence for rape of children gets President's assentGang rape of a girl under 12 years of age will invite punishment of jail term for the rest of life or death, the Act says President Ram Nath Kovind has given assent to the Criminal Law (Amendment) Act, 2018, that provides for stringent punishment, including death penalty for those convicted of raping girls below the age of 12 years. The amendment replaces the criminal law amendment ordinance promulgated on April 21 after the rape and murder of a minor girl in Kathua and another woman in Unnao. "This Act may be called the Criminal Law (Amendment) Act, 2018. It shall be deemed to have come into force on the 21st day of April, 2018," a gazette notification said. The Act will further amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. The President's assent, given on Saturday, came after Parliament approved the amendments to the law last week. The Home Ministry drafted Criminal Law (Amendment) Act stipulates stringent punishment for perpetrators of rape, particularly of girls below 16 and 12 years. Death sentence has been provided for rapists of girls under 12 years. The minimum punishment in case of rape of women has been increased from rigorous imprisonment of seven years to 10 years, extendable to life imprisonment. According to the new law, in case of rape of a girl under 16 years, the minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which means jail term till the convicts "natural life". The punishment for gang rape of a girl below 16 years will invariably be imprisonment for the rest of life of the convict. Stringent punishment for rape of a girl under 12 years has been provided with the minimum jail term being 20 years which may go up to life in prison or death sentence. Gang rape of a girl under 12 years of age will invite punishment of jail term for the rest of life or death, the Act says. The measure also provides for speedy investigations and trial. It has prescribed the time limit for investigation of all cases of rape, saying it has to be mandatorily completed within two months. The deadline for the completion of trial in all rape cases will be 2 months. A 6-month time limit for the disposal of appeals in rape cases has also been prescribed. There will also be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years. (soruce: Press Trust of India) SRI LANKA: Sri Lanka govt approves capital punishment for drug offences The Sri Lankan Cabinet has unanimously approved a move to bring back for, a senior minister has said. Gamini Jayawickrema Perera, Minister of the Buddhist Order said that President had recently stated that he was under pressure to re-introduce capita
