[Deathpenalty] death penalty news----worldwide

2019-07-27 Thread Rick Halperin







July 27



INDIA:

90 % Indian states want to retain death penalty: Kishan ReddyIn August 
2015, the Law Commission had recommended abolition of death penalties except in 
cases of terrorism and waging war against India.




90 % of the states have supported retaining death penalty in the country, the 
government told the Rajya Sabha on Friday where a private member's bill seeking 
abolition of capital punishment came up for consideration.


Responding to the debate, Minister of State for Home G Kishan Reddy said the 
government is examining the issue and is yet to take a final call.


In August 2015, the Law Commission had recommended abolition of death penalties 
except in cases of terrorism and waging war against India.


Since, the matter falls within the concurrent list of the constitution, the 
centre had sought the opinion of states in October 2015.


After several reminders, 14 states and 5 Union Territories responded.

"90 % want to retain death penalty except one state," Reddy said.

No society wants to kill a person, but on the other side there are some heinous 
crimes like Nirbhaya also within the same society, the minister said.


"The government is seized of the matter and is examining this issue. It may 
take a view on the report after reaching a broad consensus on this matter," 
said Reddy.


Over concerns that in some cases innocent and poor people could be wrongly 
convicted, the minister told the Members said that the country's constitution 
has provided several tiers of steps to safeguard the innocents.


"If a trial court awards capital punishment, then it could be appealed before 
the High Court and then to the governor of state. If governor also rejects, 
then he can appeal before the Supreme Court and finally before the President of 
India," Reddy said.


He further said: "Death penalty is given only in exceptional and unavoidable 
situations."


Citing the Nation Crime Records Bureau, the minister said that capital 
punishment was given to only one person each in 2012 and 2013 respectively, 
while it was zero in 2014 and one in 2015.


"The President of India has received 135 mercy petitions, in which 34 was 
dismissed, 91 were allowed and one file is still pending," he added.


The minister further said that two days ago, the same House had passed The 
Protection of Children from Sexual Offences (Amendment) Bill, 2019, which had 
provisions of death penalty for aggravated sexual assault on children.


There is also demand of capital punishments across the country, the minister 
said, while referring to Nirbhaya case.


Reddy further said Afzal Guru, who was hanged, had planned to attack on the 
same parliament in which we are sitting today.


To protect the Parliament, nine people were martyred and the families of those 
people also had "fundamental rights."


The Abolition of Capital Punishment bill was moved by Congress member Pradeep 
Tamta.


Tamta called for proper investigation and police reforms apart from ensuring 
time-bound compensation to the victims.


He said the government should examine the Law Commission's report, and observed 
that globally, sentiments were against capital punishment.


While participating in the debate, Ashok Bajpai said the society needs capital 
punishment as it acts as deterrent against the serious and heinous crimes.


Although, very few people are given capital punishment, as execution of Afzal 
Guru was 53rd since independence, but it has fear and pressure on the 
criminals.


P L Punia said that 140 countries have no provisions of capital punishment and 
33 countries have not awarded capital punishment in the last 10 years.


Ram Gopal Yadav of SP said capital punishment does not act as a deterrent 
against crime.


Prasanna Acharya of BJD, Manoj Kumar Jha of RJD, Satyanarayan Jatiya of BJP, 
Amar Patnaik of BJD and L Hanumanthaiah of INC also participated in the debate.


(source: economictimes.indiatimes.com)








PHILIPPINES:

Church in Philippines rejects president's call to revive death penalty



Catholic leaders in the Philippines are calling on Catholics and lawmakers to 
resist President Rodrigo Duterte’s call to revive the death penalty.


The president called for its reinstatement during a lengthy State of the Nation 
Address in Manila July 22, while activists, clergy, seminarians, and nuns 
protested the president in the rainy streets, according to UCA News.


Church leaders have said that despite his claims of success, Duterte has helped 
bring about “the most trying period in the nation’s history.”


"A vision of a country where peace and justice reigns, sovereignty is cherished 
and human rights are upheld ... has been sliding into oblivion," an ecumenical 
group said in a statement, according to UCA News.


The country, the group noted, is undergoing a crisis that is not only social 
and political, but moral and spiritual as well.


"The regression of our country’s democracy, the emboldenment of a tyrannical 

[Deathpenalty] death penalty news----USA

2019-07-27 Thread Rick Halperin






July 27



USA:

The Government’s Arguments for Restoring the Death Penalty All Fail



Thursday, Attorney General William Barr announced that the federal government 
would begin executing people for the 1st time since 2003. He seemed to justify 
this decision in 4 ways: 1st, the death penalty is what the American people 
want, 2nd, these people have committed acts so heinous that no one should care 
if they live or die, 3rd, the system is fair and accurate, and 4th, killing 
prisoners will bring peace to victims. “Congress has expressly authorized the 
death penalty through legislation adopted by the people’s representatives in 
both houses of Congress and signed by the president,” Attorney General Barr 
said. “Under administrations of both parties, the Department of Justice has 
sought the death penalty against the worst criminals, including these 5 
murderers, each of whom was convicted by a jury of his peers after a full and 
fair proceeding. The Justice Department upholds the rule of law—and we owe it 
to the victims and their families to carry forward the sentence imposed by our 
justice system.”


All of these arguments fail.

The death penalty in the U.S. is dying. New death sentences are plummeting, and 
the few that do come down are coming from a handful of outlier jurisdictions, 
with 31 percent of the sentences coming from three counties: Riverside in 
California, Clark in Nevada, and Maricopa in Arizona. 2 % of counties 
nationwide now account for the majority of prisoners on states’ death rows.


Even when prosecutors seek the death penalty, juries around the country are 
often resisting them. In Wake County, North Carolina, home to Raleigh, juries 
have declined to sentence a defendant to death in eight out of eight cases over 
the last decade. After the last life sentence, the elected prosecutor stated: 
“At some point, we have to step back and say, ‘Has the community sent us a 
message on that?’”


A Gallup poll in October 2018 found that 56 % of Americans still favor the 
death penalty for murder. But these numbers have trended downward since the 
mid-1990s. And, as Matt Ford noted in The New Republic, “While most Americans 
may favor the death penalty in theory, the actual practice is a remote 
abstraction for them.” According to Rob Smith, executive director of The 
Justice Collaborative (publisher of the Daily Appeal), the more revealing 
metric for public support is that when asked to make real life-or-death 
decisions about a real person in a real case, prosecutors increasingly don’t 
seek and jurors don’t return death sentences.


Curiously, only 49 % of Americans told Gallup they thought the death penalty 
was applied fairly. This might prompt a person to ask: What’s going on with the 
7 % of people who don’t agree that the death penalty is applied fairly but are 
still in favor of it? We might wonder why we don’t defer more to experts, who 
tell us that the death penalty is not only unfairly applied, but it also 
accomplishes none of its stated goals.


Recently, Philadelphia District Attorney Larry Krasner has asked the 
Pennsylvania Supreme Court to declare that the death penalty violates the 
state’s Constitution. “Because of the arbitrary manner in which it has been 
applied, the death penalty violates our state Constitution’s prohibition 
against cruel punishments,” his office argued in a brief. “It really is not 
about the worst offenders,” Krasner told The Appeal. “It really is about 
poverty. It really is about race.”


Out of the 45 people on death row from Philadelphia, 37 are Black, and 4 are 
from other “minority groups,” according to the brief. 72 % of Philadelphia’s 
death cases have been overturned, almost 1/2 due to ineffective assistance of 
counsel. Among those on death row, 62 % were represented by an attorney found 
to be ineffective in another capital case. “These were people too poor to 
afford their attorneys,” Krasner told The Appeal. “These attorneys did a dismal 
job.”


These patterns are not unique to Philadelphia. Even though the Supreme Court 
has ruled that capital punishment must be limited to those “whose extreme 
culpability makes them the most deserving of execution,” and that it is cruel 
and unusual punishment to execute the insane, the intellectually disabled, and 
people under 18, people in the first 2 of those groups continue to be sentenced 
to death. Of those executed in 2017, 20 of the 23 men had one or more of the 
following impairments: significant evidence of mental illness; evidence of 
brain injury, developmental brain damage, or an IQ in the intellectually 
disabled range; serious childhood trauma, neglect, or abuse.


Prosecutors also keep sending innocent people to be killed. “As of Oct. 17, 
2017, 160 people have been exonerated from the nation’s death rows, and 
numerous executions have taken place despite strong evidence of innocence,” 
according to The Appeal. “According to one study, 1 out of every 25 people 
sentenced 

[Deathpenalty] death penalty news----TEXAS, FLA., TENN., COLO., ARIZ., ORE.

2019-07-27 Thread Rick Halperin







July 27








TEXAS:

Like with Dallas' serial murder suspect, DAs seek death penalty when crimes are 
'heinous enough'




After Dallas County District Attorney John Creuzot's decision this week to seek 
the death penalty for serial murder suspect Billy Chemirmir, current and former 
top prosecutors said Friday they know the emotional toll that came with that 
choice.


Take former Dallas County District Attorney Craig Watkins, who said Friday he 
has struggled with the death penalty even though as district attorney he sought 
it time and time again.


His qualms about the ultimate punishment aren't just political. They're 
personal. His great-grandfather was executed by the state in 1932 for the 
murder of a Fort Worth man.


But despite his personal ties, which he revealed the same week he witnessed an 
execution while in office, Watkins sent more defendants to death row than any 
other DA in the state during his tenure.


Over two years, prosecutors say, Chemirmir charmed his way into the homes of 
elderly North Texans before smothering them, stealing their jewelry and selling 
it online and in pawn shops.


He's suspected in 19 deaths in Dallas and Collin counties and has been indicted 
on capital murder charges in a dozen of those cases. Now, prosecutors say, he 
deserves to die.


Choosing when to seek the death penalty is never easy, say other district 
attorneys who've had to weigh the evidence and make the call. It's a decision 
they don't take lightly.


"That's the hard part of the job. Obviously, I was against the death penalty," 
Watkins said Friday. "But when something like that happens, you pretty much 
have to set your personal feelings aside."


All about punishment

Watkins said that dating back at least to his predecessor, Republican Bill 
Hill, there has been no doubt about guilt when Dallas County has sought the 
death penalty. The evidence, he said, has always been strong. While juries in 
Dallas County death penalty cases decide guilt, the true trial is all about 
punishment, he said.


The question then, Watkins said, becomes whether a defendant deserves the 
ultimate punishment. Watkins said he always considered the actual crime and his 
personal beliefs when considering the appropriate punishment.


“Those are the things you lose sleep over,” he said. "When you get there [in 
office] and you see it, you have to change.”


DA Watkins questioned victim in death penalty trial

Watkins, who earned a national reputation for freeing the innocent from prison 
while in office, said he was always concerned about unfairly seeking a death 
sentence against people of color.


Watkins’ prosecutors sent at least 12 men to death row, including one whose 
case was retried, during his eight years in office. All but one were either 
black or Hispanic. Their victims were a baby and a toddler, an elderly store 
clerk, and a Southern Methodist University student raped and stabbed by a 
stranger.


Fewer death penalty cases

Nationally, use of the death penalty has dropped. 21 states have abolished 
capital punishment.


During the 1st half of this year, 12 defendants in the United States were 
sentenced to death; none were in Texas. The Death Penalty Information Center, a 
Washington, D.C.-based nonprofit that disseminates information about the death 
penalty, estimates that 2019 will be the 5th consecutive year with fewer than 
50 new death sentences and fewer than 30 executions.


Senior-living communities were Dallas serial killer's hunting grounds, 
families' lawsuits say


Texas has executed more prisoners — 561 — than any other state since the death 
penalty was reinstated in the United States in 1976. So far this year, Texas 
has carried out 3 executions. 10 more are scheduled through early November, 
although appeals could cause delays.


One reason for the drop in Texas executions is a September 2005 law that made 
defendants convicted of capital murder ineligible for parole if they didn’t 
receive a death sentence or if prosecutors didn’t seek one.


The Dallas County district attorney's office filed a motion Tuesday to seek the 
death penalty against Billy Chemimir in the death of Lu Thi Harris, an 
81-year-old woman whose body was found in her Dallas home after Chemirmir was 
arrested on an outstanding warrant.


Watkins, who is now in private practice, has followed the Chemirmir case and 
said Creuzot is right to seek the death penalty. Watkins, like Creuzot, is a 
Democrat.


“You have to make the hard decisions, and it looks like he did,” Watkins said.

Attorney Trey Crawford represents many of the families who say their loved ones 
were killed by Chemirmir at The Tradition-Prestonwood, a posh North Dallas 
senior living complex.


“If there is such a case deserving of the death penalty, this is certainly it,” 
Crawford said. “We are clearly dealing with an individual who has no regard for 
human life. Each of his victims and their families deserve justice.”


Crawford said he