another botched execution

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Toker Villain

Big Wall climber
Toquerville, Utah
Topic Author's Original Post - Jul 24, 2014 - 11:16am PT
Oops.


(I am actually against capitol punishment. It is State hypocrisy. However, in a world where terrorists are released for hostages we need to execute some people very quickly. But the latest mishap in Arizona begs a reexamination of the death penalty.)
Ken M

Mountain climber
Los Angeles, Ca
Jul 24, 2014 - 11:26am PT
What amazed me about this episode, is the drug cocktail that was used.

In the past, executions have been done by using a process that is essentially general anesthesia, without the life support function: a drug to create unconsciousness, a drug to paralyze the breathing muscles----plus a drug to stop the heart.

In this case, they did something quite different: The gave a valium analog combined with a morphine analog. This is essentially a drug overdose, which works by suppressing the breathing reflex.

I would predict that the latter would prove problematic, due to the inherent differences in people, and their susceptibility to these effects.

In other words,


oops.
apogee

climber
Technically expert, safe belayer, can lead if easy
Jul 24, 2014 - 11:29am PT
If we're gonna do it (and there are definitely some times where it should be done), then we need to do it right.
Jon Beck

Trad climber
Oceanside
Jul 24, 2014 - 11:30am PT
Josef Mengele would be impressed.
Reilly

Mountain climber
The Other Monrovia- CA
Jul 24, 2014 - 11:45am PT
The wifey, who has inserted more than her fair share of needles (professionally, I hasten to add)
was quite aghast at this incompetence. She could only assume the chumps could not find a vein.
As I noted, "Well what do you expect? That's gubmint health care for ya."
SC seagoat

Trad climber
Santa Cruz, or In What Time Zone Am I?
Jul 24, 2014 - 11:52am PT
Geez, my vet committed suicide in short order with the drugs she used on animals. I am against all forms of capital punishment, but it seems outrageous they can't get it right.
And yes I do feel for the victims, they did suffer, far more than their killers, but two wrongs don't make a right.

Susan
John Duffield

Mountain climber
New York
Jul 24, 2014 - 11:54am PT
I kinda feel sorry for the Human Rights peeps now. Stories like this, are important to them, but they suck the oxygen from more compelling things, like the Boku Harem girls or the brutality of the Islamic State in Syria and Irak.

Prolly should send drones into the capital punishment precincts.
Norton

Social climber
the Wastelands
Jul 24, 2014 - 11:57am PT
Mr. Locker stated:

The dude probably suffered less than his victims...

exactly my first thought
overwatch

climber
Jul 24, 2014 - 12:12pm PT
Back to hangings and firing squads or just let then sit in prison or let the victims families have them or let them all fight to the death on pay per view or put them all together on an island in the middle of nowhere to live off the land...I have great strength in my convictions
rwedgee

Ice climber
canyon country,CA
Jul 24, 2014 - 12:24pm PT
Doctors aren't used to killing people but vets are. My GF can put down a Clydesdale nice and easy, having it lay down straight. You don't want the owners to see it gag and fall over sideways. This is the good stuff. When just plain fatal isn't enough...you need Fatal Plus ! Get the blue juice.
stevep

Boulder climber
Salt Lake, UT
Jul 24, 2014 - 12:33pm PT
Most docs could probably tell you pretty well how to kill some one.
But they also take an oath to do no harm. Most of them interpret that to mean they can't oversee executions. So in at least some cases, you've got non-MDs overseeing these.
On top of that drug manufacturers that are based in Europe(non-death penalty Europe) often don't want to allow their drugs to be used in executions. So states have to go looking for less effective alternative drug cocktails.
Ward Trotter

Trad climber
Jul 24, 2014 - 01:00pm PT
The anti-death penalty crowd is seizing upon this incident as "botched". There is just as much evidence that this double murderer got a free dope ride his last 90 minutes.

It takes how long to run all the endless appeals for murderers? This is a failed system that has been rigged to prolong the lives of killers and sour the American people on state executions---all against the stated will of the American people and justice to the families of the victims.

dirtbag

climber
Jul 24, 2014 - 01:08pm PT
Botched or not, the death penalty is fundamentally wrong.
Ward Trotter

Trad climber
Jul 24, 2014 - 01:12pm PT
the death penalty is fundamentally wrong.

Not carrying out the law is the only thing wrong , and thereby putting the victim's families through hell for endless years.


Jon Beck

Trad climber
Oceanside
Jul 24, 2014 - 01:23pm PT
I see Ward, the law only matters when it conforms to your agenda.

Slavery was legal under the law at one time, so was segregated schools until some scofflaws ignored the law.
Toker Villain

Big Wall climber
Toquerville, Utah
Topic Author's Reply - Jul 24, 2014 - 01:26pm PT
capital punishment

SC seagoat, isn't that what the flight 93 hijackers wanted to do?
Ward Trotter

Trad climber
Jul 24, 2014 - 01:29pm PT
Slavery was legal under the law at one time, so was segregated schools until some scofflaws ignored the law.

Preventing murderers from being executed is not on the same moral and historical level as ending school desegregation and slavery---that's not even a nice try.

I mean , casting a convicted murderer in the same victimized state as a slave , or a denied schoolchild is just plain stupid, and typical.


Psilocyborg

climber
Jul 24, 2014 - 01:30pm PT
I am not really for or against capital punishment...but I have ZERO sympathy for murderers. He was killed....I am not going to lose any sleep over it.
Toker Villain

Big Wall climber
Toquerville, Utah
Topic Author's Reply - Jul 24, 2014 - 01:39pm PT
You might have zero sympathy for murderers, but we do not administer the death penalty equitably in this country. You are far more likely to receive it if you are poor and not white.

And how many times has DNA exonerated convicts? Plenty of people get wrongfully convicted. Kind of hard to free them after execution,..
Tvash

climber
Seattle
Jul 24, 2014 - 01:39pm PT
Yes, Ward, the system is clearly designed to maximize the life of the condemned and prolong the suffering of the survivors. Of course it is.

It's not at all focused on ensuring that the current 4% innocence rate among the executed doesn't increase. Or that death is fairly applied regardless of race (hint: it's not).

And there in lies the rub. Regardless of how much cruelty a disturbing number of posters here would love to (have someone else) engage in, the question is this:

Is realizing your need for cruelty worth killing those innocent (and mostly black) people? About half of God's Country says HELL YES to that one.

Ah, well, keyboard blood lust requires no introduction.


JEleazarian

Trad climber
Fresno CA
Jul 24, 2014 - 01:53pm PT
Although I am generally conservative, I have always been leery of killing a person in custody. I doubt that you could find any experienced lawyer who thinks that only the guilty have been executed. Unfortunately, some people manage to kill while in prison for murder. We had a case in Fresno about 35 years ago where a convicted killer got life, and managed to arrange the killing of the witnesses against him from his prison cell. What do you do with someone like that?

Answer: In California, you kill him 20 years later.

Frankly, I don't understand the rulings that the "original coacktail" can cause cruel or unusual punishment. The prisoners were completely sedated, so how could they feel any more pain than I did when put under general anesthesia? Oh well, maybe, as suggested above, we should go back to the old Utah choice, nameley would you rather be hanged or shot?

John
Ksolem

Trad climber
Monrovia, California
Jul 24, 2014 - 02:00pm PT
It is very possible that the condemned man was dead very quickly but went on to move, breathe, etc., reflexively. I have seen this happen carrying a very dead body down from a crag. He moved a lot, sucked in air, flailed his arms around etc. All this without a head. You get my point...
SC seagoat

Trad climber
Santa Cruz, or In What Time Zone Am I?
Jul 24, 2014 - 02:08pm PT
I have seen this happen carrying a very dead body down from a crag. He moved a lot, sucked in air, flailed his arms around etc. All this without a head. You get my point...
A Super-topian by chance?

Susan
Ward Trotter

Trad climber
Jul 24, 2014 - 02:11pm PT
Yes, Ward, the system is clearly designed to maximize the life of the condemned and prolong the suffering of the survivors. Of course it is.

In the case of condemned killers that's exactly what's going on. To deny this well-established fact is laughable.
Death penalty foes , especially within the legal system, have done a bang up inside job of frustrating the law and making certain , by a variety of means ,that executions are not really carried out---and then only after decades of expensive appeals. It's a rigged system.

It's not at all focused on ensuring that the current 4% innocence rate among the executed doesn't increase. Or that death is fairly applied regardless of race (hint: it's not).

Assuming the 4% is correct ---this is hardly a reason to frustrate the law . The fact that the justice system is not perfect should not be breaking news , and in any case is not a sound reason eliminate the law in general, any law. The fact that the system messed up in 4% of DP cases should never be a reason to give the other 96% a get-out-of-jail-free card. Unless one's aim is to circumvent the DP law as an inside lawyerly/political activist job.

Is realizing your need for cruelty wdorth killing those innocent (and mostly black) people? About half of God's Country says HELL YES to that one.

You've tried to push just about every button there. Let me see, insisting that the democratically and constitutionally sanctioned death penalty being actually carried out
Equals
Cruelly killing innocent people with racist and religious intent.

Again , the tone of that argument doesn't even reach the level of "nice try"

Ward Trotter

Trad climber
Jul 24, 2014 - 02:22pm PT
Gee, I didn't realize that 96% of death row inmates were getting out of jail.

Not all of them do, but we all know that many of them are released to kill again, or have their sentences severely reduced.. This is accomplished by activists within the legal system who use technicalities, get sympathetic judges , and thereby sometimes hand out light sentences to begin with-- as a way of obviating the death penalty.
I mean, everyone knows we have been living in an era in which many killers have been allowed to walk. This is largely intentional, for the reasons I stated.
Ward Trotter

Trad climber
Jul 24, 2014 - 02:33pm PT
Activists within the legal system?

What a scathing comeback. Who is Huckleby?

I am talking about the DP foes in the legal system who are frigging legion , okay.
Another thing about endless appeals, beyond the DP sabotaging, is the big payday for lawyers. Something they likey. Oh yes. And the high profile free advertising. A sort of Darwinian process is unleashed in which the attorneys who are good at the given technicalities at play go on to thrive under this rigged system

Meanwhile the family of the victims show up faithfully everyday with that sad sleepless look on their faces.
StahlBro

Trad climber
San Diego, CA
Jul 24, 2014 - 02:45pm PT
I think the French figured this out already. If you are going to do it, do it right.

Ward Trotter

Trad climber
Jul 24, 2014 - 02:48pm PT
True, only the top law school grads get the lucrative gig of writing appeals for death row inmates.

Or, like OJ's lawyers they go on to stardom and millionaire status.

For any given attorney murder cases may not be a gold mine ---but for the criminal justice system in general it is a small Fort Knox.
JEleazarian

Trad climber
Fresno CA
Jul 24, 2014 - 02:52pm PT
True, only the top law school grads get the lucrative gig of writing appeals for death row inmates.

Watch it, Dave! My wife's first cousin is married to a lawyer whose practice is almost exclusively death penalty appeals. While it certainly doesn't pay that well, it also has very little overhead.

For one thing, you don't need an office, because you can see your clients only in prison. For some reason, they don't let condemned people out of jail. Interestingly, though, the federal penalty for failing to surrender to authorities to allow them to execute you is that they add an extra sentence for failing to surrender. I'm sure it's a big deterrent.

For another, there is a great deal of cheaply- or freely-available resrources.

Of course, you need to have a very thick skin, because many will despise you because of who you represent, and your won-loss record will make last year's Cal football team (1-11, sad to say) look like a big winner by comparison.

At least they don't do to him what they did to defendants' lawyers in France. The defendant's lawyer in France was required to be a witness to the guillotining of his or her client! Ycch!

John
Toker Villain

Big Wall climber
Toquerville, Utah
Topic Author's Reply - Jul 24, 2014 - 03:02pm PT
John,

That must leave them a cut below the rest,..
Psilocyborg

climber
Jul 24, 2014 - 03:16pm PT
You might have zero sympathy for murderers, but we do not administer the death penalty equitably in this country. You are far more likely to receive it if you are poor and not white.

And how many times has DNA exonerated convicts? Plenty of people get wrongfully convicted. Kind of hard to free them after execution,..

I get these points, and I agree. This is a complex issue. It still doesn't change the fact that I could care less if murderers live or die, or if they suffer during execution. Obviously I don't want the innocent to be executed.

In my view, we go about solving problems in this country backwards. I think we can all agree that capital punishment isn't a good thing. But FIRST we must work as a society to bring down the level of violence before we can do things like abolish the death penalty.

Europe looks at us with disdain because of the death penalty but if they had the murder rates and levels of violence we do they might change their tune.

blahblah

Gym climber
Boulder
Jul 24, 2014 - 03:36pm PT
Always seemed a little odd to me that may anti-capital punishment folks play the what-if-we-execute-someone-who's-innocent card. But, they don't seem very interested in determining whether the millions incarcerated here, many for decades or life, are actually guilty.
So it's this unspeakable horror to execute an innocent person, but putting them in an American prison for life is just fine?

In actuality, if you are wrongly imprisoned these days, you are probably a lot better of on death row where you'll have hordes of eager beaver young lawyers and other do-gooders coming to your aid than you would be as just another guy serving life in prison. (And not to pick another argument with Kos, but I know from personal experience that it's common for big law firm lawyers, who generally went to top law schools or did very well in lower ranked schools, to volunteer their time on behalf of death row inmates.)

I will concede that the irreversibility of the death penalty cautions that it be used with care.

One slightly interesting issue in DP law, as I recall, is whether a judge or jury should or even may properly consider so called "residual doubt" as a factor in whether to apply the DP. At least when I studied it, as I recall from about 20 years ago, the majority rule was "No." If someone has been convicted, the DP decision maker is supposed to take that as an absolute fact, and should not consider the possibility of innocence.
That seemed really freaking stupid to me then and still does--we've got enough serious murderers to give the DP to that it seems insane to suggest giving it to anyone who can raise any credible case at all regarding their possible innocence.
HighDesertDJ

Trad climber
Jul 24, 2014 - 03:49pm PT
These laypeople insisting that he was "sleeping because I heard him snoring" have literally no idea what they're talking about. Snoring is a sign of a compromised airway, not sleep. Additionally, chemically induced "sleep" does not ensure a lack of suffering. If he was opening and closing his mouth on his own, as a journalist who witnessed the event described, he was not very well sedated.

Those interviewed with this view then go on to insist that the convict's suffering was not "real suffering" because the suffering of the victim or the victim's family was worse. The "your suffering isn't real because I think my suffering is worse" position seems morally wanting. Additionally, if you find yourself arguing "he didn't suffer" and follow it up with "well his suffering doesn't count" then you may be seeking vengeance, not justice.


blahblah posted
Always seemed a little odd to me that may anti-capital punishment folks play the what-if-we-execute-someone-who's-innocent card. But, they don't seem very interested in determining whether the millions incarcerated here, many for decades or life, are actually guilty.
So it's this unspeakable horror to execute an innocent person, but putting them in an American prison for life is just fine?

Putting the word "card" after a perfectly valid and factually real argument does not actually rebut that argument. We have, in fact, executed innocent people. We have freed hundreds of others who WOULD have been executed were it not for both advents in DNA technology AND lawyers committed to working completely for free to exonerate them. If your system is imperfect enough to kill people who committed no crime while letting the person who did commit that crime go unpunished then pretty much any other argument is moot. "Well, we MOSTLY only kill guilty people but hey nobody is perfect" might not be the best foundation for a "justice system." Additionally, if your system disproportionately executes the poor and people of color despite the severity of the crime, you aren't peddling "justice."
aspendougy

Trad climber
Los Angeles, CA
Jul 24, 2014 - 04:05pm PT
If you are innocent, but get life in prison, you at least have a small chance to get your conviction overturned through THE INNOCENCE PROJECT, and other groups. That does not negate the injustice of being wrongly convicted.

One of my relatives was a public defender in the Bay Area, and he had to spend some time defending the man who abducted and murdered 12 year old Polly Klass. This man is so evil and unrepentant, it was amazing.

I don't like the idea of him getting room and board for life, at tax payers expense. He should be required to work at a job that is unpleasant, boring, and repetitive for the rest of his life, inside the prison.

If we are going to execute, why not several sleeping pills, then carbon monoxide poisoning?
Tvash

climber
Seattle
Jul 24, 2014 - 04:22pm PT
This argument is so bad its more strawdoll than strawman:

"Always seemed a little odd to me that may anti-capital punishment folks play the what-if-we-execute-someone-who's-innocent card. But, they don't seem very interested in determining whether the millions incarcerated here, many for decades or life, are actually guilty.
So it's this unspeakable horror to execute an innocent person, but putting them in an American prison for life is just fine?"

In point of fact, the very same (large) organizations that fight the death penalty also seek to end the Drug War and scale back our Incarceration Nation.

Surprise!

I also love the ubiquitous idea that we should execute the 'really bad ones who we know are guilty'. Um...everyone goes through the same trial process - and that process is not infallible in its attempt to discover how 'guilty or really bad' a person is. The idea seems to be that there is some other, better (legal) means of finding this out that we're not employing. Like some omniscient movie narrator is going to step in and call it. There isn't.

Such cartoonish opinions quickly reveal that the author is neither familiar with our criminal justice system nor working in any capacity to reform it.

Long on opinions, short on action.

It's the innernut way.




Norwegian

Trad climber
dancin on the tip of god's middle finger
Jul 24, 2014 - 04:54pm PT
i've seen heads at phish shows
rock the morphine-valium high.

then chase it with nitrous.

those kids are durable.
Toker Villain

Big Wall climber
Toquerville, Utah
Topic Author's Reply - Jul 24, 2014 - 05:00pm PT
I'd throw the switch myself on someone who really did commit murder.

Kos throws the first stone (or is he a just another thrill killer?)



He should be required to work at a job that is unpleasant, boring, and repetitive for the rest of his life, inside the prison.

In England in the 19th century prisoners were required to sit at a machine that counted the times a crank on it was turned by the prisoner. Every so often a guard would come along with a "key" that was used to tighten the hold on the crank. This is why the term turnkey came into being.

I wonder if they discontinued it after discovering that prisoners couldn't even pee left handed, but with their right could crush a rock.
Tvash

climber
Seattle
Jul 24, 2014 - 05:16pm PT
Most of us object to cruelty.

Only some of us choose to proscribe cruelty as a remedy. It's amazing how much imagination some posters here put into their pet fantasy punishments.

Hmmmm.
Ksolem

Trad climber
Monrovia, California
Jul 24, 2014 - 05:18pm PT
A Super-topian by chance?

No. It was Father's Day, 1984. Mark Wagner, Ian Katz and I had a had done Largo's Turbo Flange variation to The Edge, and were running laps on the Bat Crack to burn off steam. We got back down to the traversing trail, and a young woman in street clothes came around. "Can you help us, our friend fell?" Expecting to help someone with a broken leg or some such thing we rushed around to see what was up.

There were three people, the poor fellow's friends - presumably waiting for him to return from his ascent of the Maiden - when their buddy came crashing down from the top. Apparently he was having his picture taken and he backed off over the edge.

The body was headless, and one leg was gone at the knee.

His friends, who were totally freaked, begged us to get him down so the animals would not eat him, so we got the stokes litter and did so, not an easy task.

Anyway, from that experience I can say that the condemned man could well have been long dead and still gasped for air and jumped around etc.

Sorry to be graphic, this was a profound experience for Me. The story was not over when that day was done.

Edit: Father's Day 1994.
blahblah

Gym climber
Boulder
Jul 24, 2014 - 05:21pm PT
I also love the ubiquitous idea that we should execute the 'really bad ones who we know are guilty'. Um...everyone goes through the same trial process - and that process is not infallible in its attempt to discover how 'guilty or really bad' a person is. The idea seems to be that there is some other, better (legal) means of finding this out that we're not employing. Like some omniscient movie narrator is going to step in and call it. There isn't.

Tvash, it is true that no "omniscient movie narrator is going to step in and call it" and there is no way to ensure there will be a zero percent error rate.

But you seem to be struggling with at least two points:
1. It is at least conceptually possible that a jury (and courts and parole boards) could be instructed to consider its degree of certainty in its conviction as one of the factors to use in its decision whether to impose a death sentence; and
2. There is a certain class of criminals whose guilt even the strongest opponents of the death penalty do not dispute.

Until you can grasp those points, you may want to think a little more before questioning others' legal acumen.

Since I've been accused of raising a straw man, let's consider another one: The death penalty applied in the US isn't done perfectly. Therefore, we should abolish the death penalty.
How about reforming it?
For starters, (and this doesn't address the question of guilt), who has an objection to using a good old fashioned firing squad as a method of execution? Would Tvash the philosopher extraordinaire point out that maybe the team of trained sharpshooters could have off day, and not place the bullets exactly where intended, and the condemned may suffer a bit more than planned. yeah right.


Tvash

climber
Seattle
Jul 24, 2014 - 05:29pm PT
Such jury instruction already happen.

Who decides who is 'super guilty' versus just 'guilty'? There is only one process here. Innocents who were thought to be 'super guilty' of heinous crimes have been executed, so there's that argument out the window.

Death is final. Until we have a system which executes no innocents - which will be never - we should not use the death penalty.

I have other objections, but this one is all any moral person should require to oppose the death penalty.

Such opposition is very often framed as either being callous towards survivors and victims or coddling murderers - both of which are ridiculous and disingenuous on their face.
WBraun

climber
Jul 24, 2014 - 05:34pm PT
Death is final.

First mistake of the western stupid consciousness .....
SalNichols

Big Wall climber
Richmond, CA
Jul 24, 2014 - 06:12pm PT
You might find this interesting: http://www.deathpenaltyinfo.org/race-death-row-inmates-executed-1976

I have no problem with capital punishment IF anyone that falsifies evidence to obtain a capital murder conviction receives the death penalty.
HighDesertDJ

Trad climber
Jul 24, 2014 - 06:33pm PT
blahblah posted
Tvash, it is true that no "omniscient movie narrator is going to step in and call it" and there is no way to ensure there will be a zero percent error rate.

Then to advocate for or evenly passively permit capital punishment you have to be complicit in a justice system that inevitably carries out grave, irreconcilable injustices. There is literally no moral way to acknowledge what you have already stated and also execute someone through our imperfect system. And that doesn't even begin to touch on the huge issues with race and class and the imposition of the death penalty.


Dave posted
I personally don't think the death penalty is cruel. I've got no problem executing those who are truly guilty of heinous crimes. I'd throw the switch myself on someone who really did commit murder.

"Really did" by whose reckoning?
HighDesertDJ

Trad climber
Jul 24, 2014 - 06:39pm PT
Since Ron doesn't read before posting I will quote myself:

These laypeople insisting that he was "sleeping because I heard him snoring" have literally no idea what they're talking about. Snoring is a sign of a compromised airway, not sleep. Additionally, chemically induced "sleep" does not ensure a lack of suffering. If he was opening and closing his mouth on his own, as a journalist who witnessed the event described, he was not very well sedated.

I deal with chemically induced sleep and compromised airways all day every day, Ron. "He was snoring" is proof of nothing.

Bothced my arse, the bastid is dead is he not?

Along with any evidence of your humanity.
donini

Trad climber
Ouray, Colorado
Jul 24, 2014 - 06:46pm PT
In 2013, 19 of the world's 195 independent countries carried out executions. Does everyone here feel privileged to be in the elite 10% along with North Korea, Somalia, China, Saudi Arabia et al?
Chaz

Trad climber
greater Boss Angeles area
Jul 24, 2014 - 06:48pm PT
It's not our problem if the rest of the world places a lower value on innocent life than the U.S.
Ezra Ellis

Trad climber
North wet, and Da souf
Jul 24, 2014 - 06:51pm PT
Not sure, but the firing squad seems better,
If we're gonna continue to do it.
SalNichols

Big Wall climber
Richmond, CA
Jul 24, 2014 - 07:00pm PT
You guys do realize, (in the link I posted), that the majority of the executed are WHITE? Don't let the facts get in your way now.
donini

Trad climber
Ouray, Colorado
Jul 24, 2014 - 07:07pm PT
Ron....IF the death penalty were equitable (which it never will be) and IF henious white collar crimes were eligible for it, I might be swayed to join those other paragons of democracy and freedom ( Nigeria, Somalia, the Sudan, China, Iran, North Korea, Saudi Arabia, Guyana, Yemen) in administering the death penalty. 2013 was another execution free year for Europe, but everybody knows how barbaric and backward they are.
donini

Trad climber
Ouray, Colorado
Jul 24, 2014 - 07:21pm PT
I rest my case.
blahblah

Gym climber
Boulder
Jul 24, 2014 - 08:36pm PT
In 2013, 19 of the world's 195 independent countries carried out executions. Does everyone here feel privileged to be in the elite 10% along with North Korea, Somalia, China, Saudi Arabia et al?

Interesting that you "forgot" to include those awful savages, the Japanese, in your list.
And other countries, such as Brazil, don't have the death penalty, but they send police death squads out to dispatch a certain type of miscreant. Should we emulate them too, if they are so enlightened?

The Euros have their own history, including (in some cases) a history of fascist regimes that murdered huge numbers of their own citizens.

We can evaluate the pros and cons of death penalty (and there are absolutely cons, including the irreversibility discussed above) without having to copycat the Euros.
Ken M

Mountain climber
Los Angeles, Ca
Jul 24, 2014 - 09:10pm PT
It takes how long to run all the endless appeals for murderers? This is a failed system that has been rigged to prolong the lives of killers and sour the American people on state executions---all against the stated will of the American people and justice to the families of the victims.

Really? Inasmuch as this is handled at the state level, and we have 50 states, you mean that the anti-DP people are so powerful in each and every state, that they produce this result?
overwatch

climber
Jul 24, 2014 - 11:33pm PT
No prolonging in Texas or Florida
DanaB

climber
CT
Jul 25, 2014 - 06:24am PT
The death penalty is unfairly applied? Problem with the law itself or the way it is applied? If it was applied fairly would you still be against it? Can it be applied fairly?

Innocent people are executed? I assume that there is some percentage of people convicted for assault that are innocent. Would anyone say that the law against assault should be repealed? Of course someone unfairly convicted of a crime but not executed can get some of his/her life back.

The death penalty is cruel and unusual? All punishments are, to some degree, so the basis of that argument is a little weak. Of course we make judgments on what is cruel and what isn't but the disagreement about the death penalty shows how difficult it is to reach consensus about the definition of cruel and unusual and there are a lot of factors to consider.



I'm totally against the death penalty because the underpinning of it is anger and revenge. Those are very understandable reactions, but the laws and justice system are not intended to apply revenge or give us emotional satisfaction.
beaner

Social climber
Maine
Jul 25, 2014 - 08:40am PT
Should we build another 10,000 prisons for such? And pay another 8% in taxes to house and feed the humanity-less humans that commit horrendous murders?

First, the number of people executed every year is quote low and does not make a dent in prison overcrowding problems.

Second, if we stopped locking people up for simple possession of drugs, and started treating our mentally ill rather than wait until they become criminals and lock them up, we would have plenty of space and money to house violent criminals for life. In fact, we would be able to close prisons.

There is no way to guarantee an innocent person will not be executed (and statistics on false conviction rates tell us it is a certainty that it has happened). It also does not appear to be a deterrent, it ends up costing more than housing an inmate for life because of the legal costs, and its constitutionality is questionable. The death penalty is a failure all around. If you continue to support it either you haven't given it any serious thought or you are too stupid to realize that it makes little practical sense.
Tvash

climber
Seattle
Jul 25, 2014 - 08:41am PT
And other countries, such as Brazil, don't have the death penalty, but they send police death squads out to dispatch a certain type of miscreant. Should we emulate them too, if they are so enlightened?
"And other countries, such as Brazil, don't have the death penalty, but they send police death squads out to dispatch a certain type of miscreant. Should we emulate them too, if they are so enlightened?'"

Oh yes, we MUST emulate Brazil as a requirement for ending the death penalty. Excellent point.
Tvash

climber
Seattle
Jul 25, 2014 - 08:45am PT

"I'm totally against the death penalty because the underpinning of it is anger and revenge. Those are very understandable reactions, but the laws and justice system are not intended to apply revenge or give us emotional satisfaction."


???

Laws are passed and enforced by humans. The motivations behind them are all over the map, but certainly include the above considerations. Revenge? Read this thread. That's arguably motivation number one.
Tvash

climber
Seattle
Jul 25, 2014 - 08:56am PT
"You guys do realize, (in the link I posted), that the majority of the executed are WHITE? Don't let the facts get in your way now."

i'm so glad you brought that up.

Since 1976, the ratio of black executed (34%) relative to their portion of our population (12%) has been 3x. This 3x mirrors the overall racial bias against blacks across the criminal justice system - arrest rates, conviction rates, harshness of sentencing, denial of bail.

The percentage of whites has been a bare majority (56%). Given that whites are well over 60% of the population…
DanaB

climber
CT
Jul 25, 2014 - 12:28pm PT
Revenge? Read this thread. That's arguably motivation number one.

I thought was I wrote was clear, perhaps not. That is my objection to the death penalty - that the reasons for its existence and use seem to be anger and revenge, and laws and the justice system cannot and should not be motivated by those feelings or any other type of emotional satisfaction.
Tvash

climber
Seattle
Jul 25, 2014 - 12:52pm PT
There are more posters here than just you. This is a group discussion.

Read some of the fantasy violence here from people who would never self identify as sociopath and weep...

...for the children.
vlani

Trad climber
mountain view, ca
Jul 25, 2014 - 12:55pm PT
The problem with the capital punishment is that after it is done it is not a punishment anymore. Dead people do not suffer.
TYeary

Social climber
State of decay
Jul 25, 2014 - 12:58pm PT
This is not a pro or con death penalty statement. But it is time to halt executions until a reliable, uniformly applied method carrying out the sentence can be found. As it is now, "capital punishment is inconsistently applied, subject to manipulation and error, morally wrong and of dubious value in deterring crime". And as of lately, they are becoming more difficult to carry out without violating the condemned's constitutional protections against cruel and unusual punishment. It's time to reevaluate how we administer the death penalty. All I am suggesting is states using lethal injections declare a moratorium until the process can be reviewed and fixed.
TY
JEleazarian

Trad climber
Fresno CA
Jul 25, 2014 - 01:08pm PT
The problem with the capital punishment is that after it is done it is not a punishment anymore. Dead people do not suffer.

There are some of us who would disagree. . .

Incidentally, Tony's post, above, is almost exactly the reasoning of a Federal District Judge in ordering a stay of any executions in California a week or two ago. It's, in a way, eerily reminiscent of the SCOTUS in about 1972 when it found the death penalty, as administered, to be cruel and unusual because its administration was so haphazrd, it was "like being struck by lightening."

Then again, there's the Chinese system. They march the condemned to an arena, shoot them, then send a bill to their families for the bullets.

John
Baggins

Boulder climber
Jul 25, 2014 - 01:16pm PT
http://www.theonion.com/articles/executioner-enters-lethal-injection-room-with-bag,36546/?utm_source=Facebook&utm_medium=SocialMarketing&utm_campaign=LinkPreview:1:Default
StahlBro

Trad climber
San Diego, CA
Jul 25, 2014 - 01:30pm PT
I am on the fence about capital punishment as well. As has been mentioned before, I have a huge concern over executing innocent people. I think this happens more often than people want to admit, because of ambitious prosecuters, botched evidence/investigations and imcompetent representation. Here is a recent example.

http://news.msn.com/crime-justice/dallas-man-exonerated-for-rape-after-being-cleared-by-dna-tests

No wonder they allow so many appeals. I have to give Dallas some credit for trying to clean house.

I want to see "justice" done, as opposed to revenge. When I see some heinous crime committed I have the same gut reaction as most people, and there may be instances where putting someone to death is really justified. But if you want something to be a deterrent, I am not sure putting someone down in pseudo-serene manner is going have that much impact. I think we are a little schizophrenic in that regard.
HighDesertDJ

Trad climber
Jul 25, 2014 - 02:17pm PT
Ron posted
Humanity? Where was the dead as#@&%es "humanity" when he gunned down those innocent folks? Someone tried to shoot me once,, and he is long dead and worm dirt.

Someone else's lack of humanity is not cover for the absence of yours.

Chaz posted
It's not our problem if the rest of the world places a lower value on innocent life than the U.S.

We value innocent life so much we are willing to kill innocent people and pat ourselves on the back about it. Now THAT is some serious caring.

Ron posted
The right to self defense knows no color.

Ahahahahaha. Yeah right.
blahblah

Gym climber
Boulder
Jul 25, 2014 - 02:23pm PT
This is not a pro or con death penalty statement. But it is time to halt executions until a reliable, uniformly applied method carrying out the sentence can be found. As it is now, "capital punishment is inconsistently applied, subject to manipulation and error, morally wrong and of dubious value in deterring crime". And as of lately, they are becoming more difficult to carry out without violating the condemned's constitutional protections against cruel and unusual punishment. It's time to reevaluate how we administer the death penalty. All I am suggesting is states using lethal injections declare a moratorium until the process can be reviewed and fixed.
TY

Oh please. Everyone knows a firing squad (for example) would work just fine; hanging is maybe little tougher but is fine too. (One of the objections to hanging is that it can cause decapitation, but that seems more of an aesthetic issue than a constitutional problem).

I have given this a little bit of thought and have come up with a slightly novel solution: why not select any two of the methods commonly used, and apply them both?
For example: set up a gas chamber that also has a remote controlled gun in situ (so you don't need a human being in the chamber to fire the gun).
Start the gas, wait a few seconds, then shoot the gun.
No way anyone's getting out of that.
(You can pretty much combine the firing squad with any other method, but there are also other possibilities, for example, how about hanging with an electrified rope?)
Tvash

climber
Seattle
Jul 25, 2014 - 02:29pm PT
Some problems do not have good solutions. Violence is one. We're programmed for it. We need better ways to self manage it - even most sociopaths manage this, but our basic punishment/reward way of dealing with each other supports the use of violence as an expedient means to get what you want - and that results in a lot of battering.

If we kill our way out of it - and we won't, because most of what plagues us doesn't involve actual murder - we legitimize the behavior we're trying to extinguish, and that makes is very difficult to change a societal norm so that more self policing will occur.

Society does need to quarantine the chronically violent. But how?
Flip Flop

Trad climber
Truckee, CA
Jul 25, 2014 - 03:15pm PT
Not me Jim,
I believe in progress and that humanity can be better once we stop choosing to punish and kill.
Consequences are enough for sane people and a sane society.
sandstone conglomerate

climber
sharon conglomerate central
Jul 25, 2014 - 04:56pm PT
start with every pedophile and rapist until they get it right. practice makes perfect.
overwatch

climber
Jul 25, 2014 - 06:04pm PT
Requested it
Brokedownclimber

Trad climber
Douglas, WY
Jul 26, 2014 - 12:28pm PT
I personally find executions by lethal injection to be a pretty sick way of doing things. It seems to be something of a fantasy world of doing a criminal a favor, but seems to me to be even more cruel than a firing squad or a hangman's noose. The concept of allowing them to "die peacefully, and in their sleep" doesn't seem to work very well or uniformly, does it? The argument that there are innocents being terminated does more for me than the weird manner of execution. Only if the Judicial System were completely infallible, or if a heinous crime had been committed with many disinterested 3rd party witnesses present, would I back this ultimate "deterrent to bad behavior." So...enter me in the list of those opposed to the death penalty, not on moral or religious grounds, but on the principle of possible (in many cases, very remote) innocence of the accused. If the DP is to be upheld, then use a firing squad or hangman's noose to do the job right. There were lots of botched executions using the electric chair, too.
jstan

climber
Jul 26, 2014 - 01:24pm PT
BDC pretty well sums it up. But, of course, a couple of comments.

1. I have been anesthetized. If people trained to do this to save people could be induced to do it to produce death, the problem with this approach would simply evaporate.

2. The whole issue is, at its base, political. Politics being what it is, we may presume almost exactly 50% of the electorate wants the condemned to suffer.

If the firing squad has beauty it lies in the fact we don't know what suffering is involved. Everyone may presume as they wish. Whether or where the spine is broken, hanging has a good chance of producing death by suffocation, the method employed by the big cats.
Ken M

Mountain climber
Los Angeles, Ca
Jul 26, 2014 - 01:36pm PT
1. I have been anesthetized. If people trained to do this to save people could be induced to do it to produce death, the problem with this approach would simply evaporate.

It is a settled issue: it is unethical
Brokedownclimber

Trad climber
Douglas, WY
Jul 26, 2014 - 02:05pm PT
It's pretty well agreed here that the principal motive for the death penalty is REVENGE. But as someone else already posted above, there is a real motivation by unethical prosecutors and judges to obtain convictions.
Why did I mention judges, whom we are always taught to revere? They are paid by the State, same as prosecutors, and receive bonuses based on convictions! These days we are subjected to so-called evidentiary hearings which decide whether or not jurors are allowed to hear certain pieces of evidence. In my mind, no judge should EVER disallow evidence or testimony which could serve to exonerate the accused. I know of at least one case in which such evidence or testimony was suppressed or disallowed. The Political Prisoner is now serving 60 years in solitary confinement, with no visitation rights for his family members; this conviction was based on some fabricated evidence and the word of a paid BATFE informant. It forever disabused me of the concept of a fair trial in the current USA.
Ken M

Mountain climber
Los Angeles, Ca
Jul 26, 2014 - 03:44pm PT
Why did I mention judges, whom we are always taught to revere? They are paid by the State, same as prosecutors, and receive bonuses based on convictions!

I don't think that's true.

Citations?
Ken M

Mountain climber
Los Angeles, Ca
Jul 26, 2014 - 04:23pm PT
http://www.newyorker.com/magazine/2009/03/30/hellhole

Very interesting article on isolation. Worse than death, I think.
Brokedownclimber

Trad climber
Douglas, WY
Jul 26, 2014 - 09:28pm PT
At least we've gone beyond the British form of punishment today (flogging), where men were beaten to death for minor (by today's standards) breaches of military discipline. Huge numbers of men wore the stripes on their backs during the 18th and 19th centuries.
Chaz

Trad climber
greater Boss Angeles area
Jul 26, 2014 - 09:38pm PT
Back in those days, the concept of "doing time" as a punishment hadn't yet been conceived. Prisons were used to hold someone until trial, or flogging, or execution, not as the punishment itself.
HighDesertDJ

Trad climber
Jul 27, 2014 - 05:04am PT
Chaz posted
Back in those days, the concept of "doing time" as a punishment hadn't yet been conceived. Prisons were used to hold someone until trial, or flogging, or execution, not as the punishment itself.

Which days were these? Which country? Which ruler? Punishment has been a varied thing based on time and cultures for forever. The Brits that you seem to be referring to happily tossed people into the holds of ships for long periods of times and then charged you money for the privilege. This practice is actually on the rebound in the States.
Gary

Social climber
Desolation Basin, Calif.
Jul 31, 2014 - 05:36pm PT
Assuming the 4% is correct ---this is hardly a reason to frustrate the law .

Long ago, as a schoolboy in super conservative Southern Indiana, I was taught that the basis of our system of justice was that it was better for a guilty man to go free, than for an innocent man to be punished.

Methinks Ward might change his tune were he to be one of the 4%.
HighDesertDJ

Trad climber
Jul 31, 2014 - 07:44pm PT
The Founding Fathers understood that was an important principle because they had seen so much injustice under King George.
Largo

Sport climber
The Big Wide Open Face
Jul 31, 2014 - 08:14pm PT
There are people like Ward who are slaves to black and white thinking and for them, the "law" becomes a kind of absolute. Anyone thwarting said law in any way is "laughable." But the truth is, the law, no matter how just or otherwise, is merely a concept, and putting a human being down is something most people don't want on their conscience. The grievious crimes he may or may not have committed, and all the reasons for his death penality, don't particularly factor into people's aversion to execuing a human being.

These issues are complicated by virtue of the conflicting feelings and doubts and so forth. That's called being a human being. We can simplify killing each other only by dehumanizing ourselves and heaping virtue on "following the law." It makes the issue black and white, but it tends to make zombies out of us in the bargain, zombies hell bent on being "right," but with no connection to anything but concepts and laws.

JL
Brokedownclimber

Trad climber
Douglas, WY
Aug 1, 2014 - 07:43am PT
The main point underlying John's comments above is the imperfection built into almost any law. Was it right for the "government" in Salem to execute both men and women for the heinous crime of Witchcraft? That was based on superstition, ignorance, and in may cases the misunderstood mental illnesses of those thought to be witches.
Brokedownclimber

Trad climber
Douglas, WY
Aug 2, 2014 - 03:06pm PT
I just wonder about the "bedside manner" of those carrying out executions by lethal injection? Hi, I'm Dr. Death, and I'm here to help you out of this world?

So far we've discussed Lethal Injections, Firing Squad, Hanging, but little said about the good ol' Electric Chair or the Gas Chamber.

George Westinghouse invented the Electric Chair to demonstrate to the general public the dangers associated with direct current being promoted by Thomas Edison. Probably one of the more gruesome means of killing another individual, I might add. The Rosenbergs were executed for delivering nuclear secrets to the Soviet Union using "the chair." The execution of Julius Rosenberg was also botched, since the first "jolt" didn't kill him. So...they turned up the current and left him dead but "extra crispy." The Gas Chamber isn't particularly "humane," either. Death by Cyanosis isn't very pretty, and leaves the body discolored.

If it HAS to be done, the Firing Squad is probably the way to do in, since the guillotine isn't generally available in this country, and is also surrounded by other legal issues.
crankster

Trad climber
Aug 2, 2014 - 03:15pm PT

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
overwatch

climber
Aug 2, 2014 - 06:56pm PT
Just wonder what you would all think if someone in your family or someone you loved were murdered? No speculators either, only really interested in those with the actual experience to make an informed opinion. otherwise it carries no weight with me not that it matters I'm sure

Let us assume for the sake of argument that the actual perpetrator is up for the chop. They were apprehended fleeing the scene with your mom's blood all over them.

I am one of those and I will give you two guesses where I stand and you won't need the second one.

Edit:
I am with you there, bubbles, but in my case the murderer was never caught

And probably none of the "founders" had it happen to them either.
crankster

Trad climber
Aug 2, 2014 - 09:17pm PT
Damn Founders.

AMENDMENT VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

HighDesertDJ

Trad climber
Aug 2, 2014 - 10:45pm PT
Brokendownclimber posted
If it HAS to be done

It doesn't have to be done.
overwatch

climber
Aug 2, 2014 - 11:00pm PT
Another speculator
Risk

Mountain climber
Olympia, WA
Aug 2, 2014 - 11:43pm PT
I'm not in favor of either, but lacking in this discussion of the Death Penalty, is Abortion. Is there any correlation of standpoint in these two issues? I'm lucky because I am not in favor of either, and can claim immunity to any feeling of guilt from a conflicting position on them. Death penalty and abortion are seemingly unrelated; or are they?
Brokedownclimber

Trad climber
Douglas, WY
Aug 3, 2014 - 08:23am PT
To clarify my statement above: "If it HAS to be done..." I'm referring to a case wherein the party has been adjudged guilty and the death penalty is the sentence. Not a philosophical concept.

In response to TMJesse: That's a difficult philosophical position for a Liberal or Conservative to be in. Many Liberals decry the Death Penalty but support "Choice." Many Conservatives support the DP, but are extremely anti-abortion. But to carry this through one step further, the unborn has committed no crime and is totally innocent; on the other hand the criminal has trespassed on the mores of society and has probably taken another innocent life.

My concern with the DP is based on the imperfect legal system and application of the lethal option to a person possibly innocent of the crime of which accused.

Maybe a better option is the European style Penal Colony in the South Atlantic? It certainly doesn't coddle the prisoner in a cozy cell with food and entertainment available. Devil's Island comes to mind...
overwatch

climber
Aug 3, 2014 - 12:41pm PT
Papillon comes to mind
HighDesertDJ

Trad climber
Aug 3, 2014 - 03:03pm PT
Brokendown posted
To clarify my statement above: "If it HAS to be done..." I'm referring to a case wherein the party has been adjudged guilty and the death penalty is the sentence.

Me too. Law is not some unstoppable inertial force that we can only give ourselves over to the inevitability of.
Mark Not-circlehead

climber
Martinez, CA
Aug 3, 2014 - 03:37pm PT
Botched...????? The dudes dead now, right? Botched to me would mean he survived....

And I feel the only people deserving of the right to judge whether capital punishment is ethical or not, are the victims and families of victim of the perpetrator.

Some people should not be allowed exist, after certain crimes or behaviors. And their method of death, is relatively unimportant to me.
Ken M

Mountain climber
Los Angeles, Ca
Aug 3, 2014 - 04:51pm PT
Botched...????? The dudes dead now, right? Botched to me would mean he survived....

That's like saying a climber takes a fall and breaks a leg on a route. The rescuers haul him up to the top, and you want to credit him with a successful ascent.

What we are talking about is doing something the way that it was supposed to be done, and advertised to be done.

I tell you I'm going to fix your messed up water line in two days. I do it in 2 years. What's your complaint? The water line is fixed.
Brokedownclimber

Trad climber
Douglas, WY
Aug 3, 2014 - 05:10pm PT
After considerable thought: the Lethal Injection business must make the executioner "feel better" than he/she would after chopping off the head of the subject. It really is attempt to hide what is being done behind a veil of pseudo compassion. There is no moral superiority gained through this pseudoscientific method of dispatch. That's just my intellectual observation.

If there were absolutely NO DOUBT, Nada, zero, that the person being executed is guilty, I have no reservation in execution. But if the real reason is revenge, clinical death is simply too easy a fate for a brutal murderer. Hangings were public spectacles, as were beheadings with Guillotine, and were used as a deterrent to asocial behavior.
Ken M

Mountain climber
Los Angeles, Ca
Aug 3, 2014 - 05:15pm PT
After considerable thought: the Lethal Injection business must make the executioner "feel better" than he/she would after chopping off the head of the subject. It really is attempt to hide what is being done behind a veil of pseudo compassion. There is no moral superiority gained through this pseudoscientific method of dispatch. That's just my intellectual observation.

I think that's true

If there were absolutely NO DOUBT, Nada, zero, that the person being executed is guilty, I have no reservation in execution. But if the real reason is revenge, clinical death is simply too easy a fate for a brutal murderer. Hangings were public spectacles, as were beheadings with Guillotine, and were used as a deterrent to asocial behavior.

I think that's false.

Think about it: in the setting in which we most commonly think of using the Guillotine, France, are you saying the use worked so well as a deterrent, that it was never used on anyone?

They cut off your hand in Saudi Arabia if you steal. Do you really think there is no theft in Saudi Arabia?
Brokedownclimber

Trad climber
Douglas, WY
Aug 3, 2014 - 05:22pm PT
Ken-

The excuse behind these beheadings or chopping off of hands: It seemed to be a good idea at the time.

The original use of the Guillotine was simply elimination of the aristocratic class.
HighDesertDJ

Trad climber
Aug 3, 2014 - 10:55pm PT
Mark posted
And I feel the only people deserving of the right to judge whether capital punishment is ethical or not, are the victims and families of victim of the perpetrator.


That's actually the entire purpose of having a judicial system: to make sure that the victim or the victim's family ISN'T the only one judging if a punishment is ethical or not. It's a rather vital part of having a democracy and a not insignificant part of why democracies in so many places have not panned out. Without it you just have familial feuds and tribal wars.
Studly

Trad climber
WA
Aug 4, 2014 - 08:44am PT
Worrying about a slightly botched execution is a sign of how fawked up we are as a society. These guys were sentenced to die for horrendous crimes murdering people, and if it takes them a little longer to be executed then instantly, oh well. Lets put our concerns with the victims and not the criminals, that makes a little more sense, dont you think?
overwatch

climber
Aug 4, 2014 - 11:56am PT
Not around here
HighTraverse

Trad climber
Bay Area
Sep 2, 2014 - 04:25pm PT
Two US men who spent three decades in prison for rape and murder, one of them on death row, have been released after DNA evidence proved their innocence.

Mentally disabled half brothers Henry McCollum, 50, and Leon Brown, 46, were convicted in 1984 of raping and killing an 11-year-old girl in North Carolina.

Recently analysed DNA evidence from the crime scene implicated another man, who is in prison for a similar crime.

A county judge ordered the immediate release of the brothers.

Tuesday's court judgement followed an investigation by the North Carolina Innocence Inquiry Commission, which tested DNA evidence found at the scene.

The commission found that none could be traced to Mr McCollum or Mr Brown.
bbc news:
http://www.bbc.com/news/world-us-canada-29039964
Jon Beck

Trad climber
Oceanside
Sep 2, 2014 - 04:36pm PT
Ooops! another couple of innocent men jailed for most of their life. Not a proud accomplishment for American justice. At least we do have a system that eventually acknowledges mistakes and tries to correct them.

Scalia would have executed them. According to Scalia (Supreme Court Justice) it is okay to execute innocent people, as long as they got their day in court. To him the advent of new technology (DNA) should not change a guilty verdict after judgment has become final (appeals exhausted). He defends that position to this day. Strict constructionists really have a hard time justifying their logic. Our forefathers would be disgusted by Scalia.
HighTraverse

Trad climber
Bay Area
Sep 2, 2014 - 04:48pm PT
Black
mentally disabled
young men
younger girl
After five hours of questioning with no lawyer present......
http://www.nytimes.com/2014/09/03/us/2-convicted-in-1983-north-carolina-murder-freed-after-dna-tests.html

automatically guilty

and it gets worse
As recently as 2010, the North Carolina Republican Party put Mr. McCollum’s booking photograph on campaign fliers accusing a Democrat of being soft on crime, according to The News & Observer.

In 1994, when the United States Supreme Court turned down a request for review of the case, Justice Antonin Scalia described Mr. McCollum’s crime as so heinous that it would be hard to argue against lethal injection.

Justice Harry A. Blackmun, who was an open opponent of the death penalty and had voted to hear the case, noted that Mr. McCollum had the mental age of a 9-year-old and that “this factor alone persuades me that the death penalty in this case is unconstitutional.”

(In later years, the Supreme Court barred the death penalty for minors and the execution of the mentally disabled.)
D'oh! What took the Supreme Retards so long?
Brokedownclimber

Trad climber
Douglas, WY
Sep 3, 2014 - 12:57am PT
I'm going to make another comment, more as a "bump" than any other reason...

This is still a topic which bothers me a lot. Part of my conscience cries out for just retribution for unspeakable crimes, but there's always that little tickle of doubt...is this really the perpetrator of the crime being executed?

Our current Judicial System is very flawed by the presence of overzealous prosecutors and strange judicial rulings. There are lots of men and women currently "doing time" for convictions facilitated by poor defense lawyer performance, aggressive prosecutors, and politically compliant judges. Circumstantial evidence was disallowed at an earlier point in time, and it should continue to be. No direct and incontrovertible eye witness to the crime? No death sentence possible. Period.

We have the world's largest prison population. Why? Is the question I must ask.
Delhi Dog

climber
Good Question...
Sep 3, 2014 - 02:27am PT
Help me with this.

Only 3 reasons for the DP (are there more?).

1) Revenge
2) Keep the person from ever doing it again.
2.1) As a deterrent to others.

As far as #1 goes, is that the kind of society we'd all be comfortable living in? An eye for an eye mentality? If so where would one draw the line? Who makes the call of the importance/weight of the crime vs the revenge? Who you going to believe? Where does the revenge end? Why couldn't I kill you as revenge for killing my brother that killed your brother?

#2...If intentional killing is murder, the DP is state sanctioned murder. Are we okay with this? You okay with sanctioning murder? You vote, you are part of the state.

I'd suggest a cold lonely cell for the rest of the persons' life. Cruel and unusual or does it better fit the crime?

#3...If it is a deterrent show me the statistics of those that chose not to murder as a result of this deterrent. While you're at it show me the statistic of those that expected to get the DP just prior to or during the act of murder but they went ahead anyway.

If one were actually innocent then the chance of a DNA clearing would still allow the innocent to get out of that cell, death does not.


Finally the cost of killing a convicted killer is less than a cold cell for life.

"After reviewing data from state reports, Amnesty International concluded that “the greatest costs associated with the death penalty occur prior to and during trial, not in post-conviction proceedings. Even if all post-conviction proceedings (appeals) were abolished, the death penalty would still be more expensive than alternative sentences.

The numbers associated with jail time are just as large. In terms of dollars spent behind bars, the California Commission found that “the additional cost of confining an inmate to death row, as compared to the maximum security prisons where those sentenced to life without possibility of parole ordinarily serve their sentences, is $90,000 per year per inmate. With California’s current death row population of 670, that accounts for $63.3 million annually.” Since that statement, California’s death row has grown to 721, the largest in the country.


The story is the same in North Carolina. A 2010 Duke University study found that taxpayers in the Tarheel State could save $11 million a year by substituting life in prison for the death penalty.

The numbers are even more dramatic in Garden State. Prior to the abolishing the death penalty in the state, a report by New Jersey Policy Perspectives found that “New Jersey taxpayers over the last 23 years have paid more than a quarter billion dollars on a capital punishment system that has executed no one.”

-http://www.forbes.com/sites/kellyphillipserb/2011/09/22/death-and-taxes-the-real-cost-of-the-death-penalty/


"In an age of austerity, every million dollars counts. Proponents of the abolition bills describe the death penalty as an expensive programme with few benefits. There is little evidence that the death penalty deters. In fact, some of the states that most avidly execute prisoners, such as Texas and Oklahoma, have higher crime rates than states that offer only life in prison without parole. There is also the danger that innocent people may be put to death. So far, more than 130 people who had been sentenced to death have been exonerated."

-http://www.economist.com/node/13279051

more
http://www.nbcrightnow.com/story/15519792/what-costs-more-the-death-penalty-or-life-in-prison



Brokedownclimber

Trad climber
Douglas, WY
Sep 3, 2014 - 04:29am PT
^^^^^
The above comment is really an indictment of the entire Judicial/Legal/Criminal Justice system, which has fallen prey to the plethora of hungry lawyers. It really shouldn't take that sort of time and money to do correctly, but we now have privately run prisons-for-profit. This complicates the issue by lobbying the politicos to impose stiffer and longer sentences on "criminals." Result: costs way too much money in every aspect of the system. Maybe raising the bar for conviction in areas involving non-violent crime? Limiting appeals in capital cases? I don't have ANY answers...only questions.
Delhi Dog

climber
Good Question...
Sep 3, 2014 - 07:34am PT
http://edition.cnn.com/2014/09/02/justice/north-carolina-dna-frees-convicts/index.html?hpt=hp_t3
Delhi Dog

climber
Good Question...
Sep 3, 2014 - 08:16am PT
Locker I said help me with this not confuse me more.
Delhi Dog

climber
Good Question...
Sep 3, 2014 - 08:23am PT
LOL!!!!!

Peter Haan

Trad climber
Santa Cruz, CA
Sep 3, 2014 - 08:35am PT
It is interesting that people who loathe government so, are the first ones willing to hand it full authority over life and death. You have to laugh at the logic-tight compartments required for such a position.
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