Federal Judge Rules California's Death Penalty System Unconstitutional.
Source: nyt/reuters
California's system for imposing and carrying out the death penalty is so long and drawn-out that it amounts to cruel and unusual punishment and is unconstitutional, a federal judge ruled on Wednesday.
Ruling in the case of Ernest Dewayne Jones, who was condemned to death in 1995 and has yet to be executed, Judge Cormac J. Carney of the U.S. District Court for the Central District of California said that to take "nearly a generation" to decide on Jones' appeals is unconstitutional.
Read more: http://www.nytimes.com/reuters/2014/07/16/us/16reuters-usa-deathpenalty-california.html?hp&action=click&pgtype=Homepage&version=WireFeed&module=pocket-region®ion=pocket-region&WT.nav=pocket-region
pinto
(106,886 posts)Swede Atlanta
(3,596 posts)It causes so much churn in our legal system and has advocates on both sides engaged in cross-purpose activities.
We should agree that
(a) We get it wrong (probably more times than not given police and DA malfeasance) or at all
(b) It costs us much more money for legal challenges, etc.
(c) CP is a form of revenge and our system should not be revenge but punishment
(d) Sitting in a cell 23 hours a day is a hell much worse than death
leftyohiolib
(5,917 posts)you dont see inmates trying to get on death row to get out of a life term-jeez. what they do is sit there waiting for a chance to kill a guard or guards and escape.
KamaAina
(78,249 posts)because OK has the death penalty and NY did not at the time. (Yes, they reinstated it. )
Swede Atlanta
(3,596 posts)If you knew you would be confined to a cell no larger than a closet for the rest of your life versus the option to go someplace and be put to sleep like we do pets, which would you choose?
I am so tired of the CP apologists. Your "arguments" are rooted in some kind of self-denial program.
leftyohiolib
(5,917 posts)exhast all off their appeals trying to get off death row.
jeff47
(26,549 posts)Life does not mean solitary confinement.
FBaggins
(26,728 posts)DAs don't offer to plead life sentences down to the death penalty is you cooperate... they plead the death penalty down to life in prison.
Chan790
(20,176 posts)I know guys serving LwP...a lot of them wish they were dead; the majority are ambivalent about it at best. They don't fear dying, they fear dying in pain or slowly. They have no hope. There is no hope for the terminally-incarcerated--whether you're slogging it out until a natural demise or taking the express train via the gurney with the viewing lobby...it all ends the same way.
Dead in a body bag. Probably buried in Potter's Field.
Chan790
(20,176 posts)There's a reason why the suicide rate for LwP inmates is so high. It's nothing but a long tunnel of despair with nothing to look forward to except dying. I want to tell you about the life of a LwP inmate.
The first few years, it probably doesn't seem so bad. You're alive, you can make friends, occupy your time. Then you get bored, there aren't that many ways to occupy yourself in prison and they all get tedious after a while. Other inmates get training, education, activities to prepare them for the day they may be released...you're never going to be released, you don't get those. Sometimes your family, friends will come visit...for the first few years. Then they come less and less often as they move on with their lives, grow up, get married, have kids, move away, have lives on the outside that you are no longer part of, will never be part of. Then fewer and fewer come until nobody ever comes to see you and you're alone to deal with the monotony of incarcerated life. After a while, your friends on the inside become friends on the outside; they get paroled and you never will. They don't come back to visit, it's too traumatic. Your friends on the inside die, they get moved away; you don't make new friends as easily because you're divorced from the outside world, the new inmates have cultural touchstones you will never understand. If you're lucky, you might get a penpal on the outside...some of those people are nice, but the majority are honestly f**ked in the head so that's no relief. At that point, it's never going to get better, it's really never going to be different even. Just marking days until the day you don't get up because you've died in your sleep. A lifetime wasted, locked away in a cage like an animal with the other animals.
That's so much more appealing than being euthanized. It's really a question if you prefer to the long road or the short road to the same destination.
leftyohiolib
(5,917 posts)let me tell about EVERY death row inmate. they spend years desperately trying to get off death row and none try that hard to get on it. they have nothing to lose so the become the prison hit men they kill guards and other inmates b/c they dont have anything to worry about.
life w/o parole enables the murder of others- lwp is unconstitutional since it is cruel punishement (going on what you just told me )
happyslug
(14,779 posts)After WWII it was increased (When the Soviet Union Collapsed they still had some WWII war criminals in their prisons).
Even in the 1980s, the max sentence was 15 years, through a death sentence could be commuted to a 20 years sentence.
http://books.google.com/books?id=ccHN7cp-V4EC&pg=PA12&lpg=PA12&dq=Soviet+Union+10+year+max+prison+sentence&source=bl&ots=n1-8xrZoxB&sig=bsWP0WKEVx-wIzPqm41SmRBya-I&hl=en&sa=X&ei=tfrGU7aaHvHLsASAuoBw&ved=0CC8Q6AEwAg#v=onepage&q=Soviet%20Union%2010%20year%20max%20prison%20sentence&f=false
Russia still commutes all life sentences after 17 years, i.e. Life can be no more then 17 years.
http://www.academia.edu/4677726/_and_Aarun_A_Comparative_Look_at_Russian_and_Alaskan_Sentencing_Guidelines_and_Structures
Comparison between Alaska and Russian Sentences for various crimes:
Crime...........Alaskan Statutes.......................The Criminal Code of the Russian Federation
Murder 1.... Min 20 years, Max 99 years..... Deprivation of liberty for a term of 8 to 20 years or
....................Fine up to $500,000.....................by death penalty, or deprivation of liberty for life
Murder 2......Min 10 years; Max 99 years......Deprivation of liberty for a term of 6 to 15 years
.....................Fine up to $250,000
Assault 1.......Min 5 years; Max 20 years..........Deprivation of liberty for a term of 2 to 8 years
......................Fine up to $250,000
Rape...........Min 5 years; Max 20 years..............Deprivation of liberty for a term of 3 to 6 years
.......................Fine up to $250,000
Kidnapping...Min 5 years; Max 20 years.............Deprivation of liberty for a term of 4 to 8 years
..........................Fine up to $250,000
DUI.................72 hours jail .................................Punishable by a fine of between 5 and 10 Times
........................Fine up to $1,500......................................the daily minimum wage
Yes, Russia, even today and in Stalin's day imprisoned people for shorter times periods then does the US:
Please note, the Death Penalty, while still on the books in the Russian Federation, is suspended and no one is proposing to un-suspend it. Thus the 17 year max sentence is what life amounts to in the Russian Federation.
LeftyMom
(49,212 posts)Last week you called women who get abortions murderers, now you're all for the killing of real, live human beings? Are you thoughtlessy inconsistent or do human lives only matter when they're a handy excuse for slut shaming?
tenderfoot
(8,426 posts)lexx21
(321 posts)considering that we don't have anyone around that can speak first hand to the alternative..... Just saying.
leftyohiolib
(5,917 posts)Chan790
(20,176 posts)leftyohiolib
(5,917 posts)you dont see inmates trying to get on death row to get out of a life term- no you dont what you do see is death row inmates exhasting their appeals over years trying to get off death row and into life term.
jeff47
(26,549 posts)Prison is not a nice place to be. If you want to punish those evildoers, why on Earth do you want to cut the punishment short by executing them?
leftyohiolib
(5,917 posts)i dont want to give someone with nothing left to lose a chance to kill guards or other inmates. i dont want someone to get a killer out of jail on some technicality . i dont want to have to pay restitution over a lawsuit an inmate filed for warm pudding, cold oatmeal , raw steaks etc.
jeff47
(26,549 posts)Sentence them to life, and let them ask to be executed at any time during that sentence.
Also:
You realize we already do sentence people to life without parole, right? And that prison guards are not constantly being slaughtered by such prisoners.
You also realize that the countries that did away with the death penalty have life sentences, and prison guards and other inmates are not constantly being slaughtered by such prisoners.
Ya know, reality is a pretty fun place to be. You may wanna consider moving.
davidpdx
(22,000 posts)I can't speak for other states or other countries besides Oregon, but I can tell you that in Oregon there are inmates that are sentenced to life without parole who don't sit in a cell for 23 hours a day. The worst of the worst who are in a maximum facility probably do, but those at medium facilities they are able to do quite a bit. It depends on their security classification when they go into the prison system.
Ok, I'm done nitpicking.
sakabatou
(42,148 posts)defacto7
(13,485 posts)A step... keep it rolling. The death penalty is completely irrelevant to civil justice. I say uncivilized. All other possibilities are on the table and that is another discussion/argument whatever, I don't care at this point. The death penalty stands on it's own and must be abolished everywhere.
Sen. Walter Sobchak
(8,692 posts)I seriously doubt there will ever be another execution in California, but there is little point repealing it since there will just be yet another ballot proposition to restore it.
Calista241
(5,586 posts)Is specifically allowed for in the Constitution?
elleng
(130,865 posts)'California's system for imposing and carrying out the death penalty is so long and drawn-out that it amounts to cruel and unusual punishment and is unconstitutional.'