Search This Blog

Showing posts with label California. Show all posts
Showing posts with label California. Show all posts

Thursday, July 17, 2014

Important facts about the death penalty

A federal judge in California just ruled the death penalty unconstitutional. Why?


According to the Death Penalty Information Center:


U.S. District Court Judge Cormac Carney held that California's death penalty is so dysfunctional as to amount to cruel and unusual punishment. Vacating the death sentence of Ernest Jones, who has been on death row for almost 20 years, Judge Carney said the punishment cannot serve the purposes of deterrence or retribution when it is administered to a tiny select few, decades after their sentencing: "Inordinate and unpredictable delay has resulted in a death penalty system in which very few of the hundreds of individuals sentenced to death have been, or even will be, executed by the State. It has resulted in a system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed. And it has resulted in a system that serves no penological purpose. Such a system is unconstitutional." Read the Court's Opinion.


California has sentenced more than 900 people to death row since the 70s but has executed less than 20. I'd call that freakish. Just like I've taught and written about the death penalty in the entire US. Freakish.


Check out these facts of the death penalty just offered by CNN here. There you will find cool graphics will facts about executions per year in the US, executions by country in the world, executions by state, methods of death in the US, race, etc.


Good stuff!



Wednesday, April 25, 2012

Look at what is happening to the death penalty

From the Death Penalty Information Center ...

RECENT LEGISLATION: Governor's Signature Makes Connecticut Fifth State in Five Years to End Death Penalty
On April 25, Connecticut Governor Dannel Malloy (pictured) signed into law a bill that replaces the death penalty with life without parole. Connecticut is the fifth state in five years, and the 17th overall, to do away with capital punishment. Governor Malloy, who once supported the death penalty, offered the following statement: “My position on the appropriateness of the death penalty in our criminal justice system evolved over a long period of time. As a young man, I was a death penalty supporter. Then I spent years as a prosecutor and pursued dangerous felons in court, including murderers. In the trenches of a criminal courtroom, I learned firsthand that our system of justice is very imperfect. While it’s a good system designed with the highest ideals of our democratic society in mind, like most of human experience, it is subject to the fallibility of those who participate in it. I saw people who were poorly served by their counsel. I saw people wrongly accused or mistakenly identified. I saw discrimination. In bearing witness to those things, I came to believe that doing away with the death penalty was the only way to ensure it would not be unfairly imposed." See more of the governor's statement below.



On April 23, the SAFE California Act, an initiative to replace California’s death penalty with a sentence of life without parole, qualified for the November 2012 ballot by presenting an ample number of qualified signatures. The initiative garnered almost 800,000 signatures for the measure that would repeal the death penalty and make capital crimes punishable by life in prison without parole. The initiative would also require inmates to work in prison to help pay restitution to the families of victims, and would send $30 million annually for three years to local law enforcement agencies to help solve murder and rape cases. Ron Briggs, who sponsored the 1978 initiative that expanded the death penalty in California, recently expressed support for repeal of the law. In a recent op-ed in the Los Angeles Times, Briggs endorsed the SAFE California campaign, saying “I still believe that society must be protected from the most heinous criminals, and that they don't deserve to ever again be free. But I'd like to see them serve their terms with the general prison population, where they could be required to work and pay restitution into the victims' compensation fund. There are few 'do-overs' in life, especially in politics. With the death penalty, though, 34 years later I have an opportunity to set things right.”


It is slow, but it is sure. The death penalty is dying in America.

Friday, April 13, 2012

Death penalty in Florida, Connecticut, and California in the news!

In Florida, a man was just executed for a murder he committed more than 28 years ago!

Reading this article that made the front page of Fox News made me think, yet again, does the death penalty bring closure?

Whatever you think of the death penalty, you have to seriously be bothered by cases like this one.

David Alan Gore, 58, was pronounced dead at 6:19 p.m. Thursday after receiving an injection at the Florida State Prison, officials said.

Asked if he had a final statement, Gore said as he lay strapped to a gurney: "Yes, I do."

"I want to say to the Elliott family [the victim he killed for which he was sentenced to death], I am sorry for the death of your daughter. I am not the man I was back then, 28 years ago. I am a Christian. Christ lives within me. I hope you all can find peace today," Gore said.

Making no eye contact with the family, he added that he hoped the family could "find it in their hearts to forgive me" and concluded: "I don't fear death."

28 years after a horrible crime, and a family is finally given a conclusion to the case? Yeah, that sounds effective!
 
How do family members feel? Here are some of their reactions:

Elliott's parents had said as Thursday's execution time approached that this was the day they have been waiting for — a date many thought should have come years ago, considering there was no doubt he committed the crimes and he had shown no remorse for the killings.

"For us it's been a nightmare, because I just turned 81. I was beginning to think that I might die before he went," said Carl Elliott, the girl's father, recently.

And ...

"I've been waiting for this day for years. I would've saved the state a lot of money if they let me. I'd do it myself and have no qualms about it," said Mike Daley, whose wife, Judy Kay Daley was killed by Gore in July 1981.

So you see what the death penalty does for us? To us?

And California is being urged to by the very person who wrote the law 34 years ago!
 
Check that out here:
 
 
 

Friday, July 22, 2011

Californians prefer financial savings to public safety

Funny what a budget crisis does to people.

A state that has made its name being one of the toughest on the planet (e.g., it has the largest death row population in the US and passed the toughest three-strikes law in the US) is now inhabited by people who "would rather ease penalties than pay more for prisons."

It's not the unjust nature of their criminal justice apparatus that bothers them.

Not the racial disparities and racial biases.

Not the inefficacy of the punishments.

Not that they are loathed around the world for how they've have more people on death row than any other state.

Not that they have sentenced relatively minor offenders to life in prison--FOREVER--with no chance of parole (including a man who stole a set of golf clubs and a man who stole some videotapes from KMart as Christmas gifts for his kids).

It's just that they cannot afford it.

The funny thing is they never could.

From the poll:

— More than 60% of respondents, including majorities among Democrats, Republicans and those who declined to state a party preference, said they would support reducing life sentences for third strike offenders convicted of property crimes such as burglary, auto theft and
shoplifting.

— Nearly 70% said they would sanction the early release of some low-level offenders whose crimes did not involve violence.

— About 80% said they approve of keeping low-level, nonviolent offenders in county custody — including jails, home detention or parole — instead of sending them to state prisons. The same percentage favors paroling inmates who are paralyzed, in comas or so debilitated by advanced disease that they no longer pose a threat to public safety.

The pollsters noted that people don't generally favor the release of convicted criminals. But "when it comes to prisons," said Linda DiVall of American Viewpoint, "voters are looking for solutions that don't raise taxes or take money from other priorities like education."
 
http://www.latimes.com/news/local/la-me-poll-prisons-20110721,0,531177.story

Tuesday, May 24, 2011

US Supreme Court orders prisoners released in California

NPR reports that a "bitterly divided U.S. Supreme Court ordered California on Monday to reduce its prison population by some 33,000 prisoners within the next two years.

"By a 5-to-4 vote, the high court ruled that severe overcrowding in state prisons has resulted in extreme suffering and even death, a deprivation of the inmates' rights that violates the Constitution and the 1995 federal Prison Litigation Reform Act, as well.

"California's 33 prisons, designed to house 80,000 inmates, housed twice that many prisoners by 2009."

The issue is the law, plain and simple, which specifies what level of overcrowding is permissible. Overcrowded prisons lead to violence, disease, and death, and thereby violate the Constitution's ban on cruel and unusual punishments.

Amazingly, the Court "ordered the state to reduce the prison population to 137 percent of capacity, more than the 130 percent recommended by the Federal Bureau of Prisons."

So even after letting out 33,000 prisoners, the state's prisons will still be way overcrowded.

Given the size of California's budget crisis, one wonders how long it will take citizens and law-makers in the state to realize how much money they waste every year housing inmates who really don't need to be in prison.

Take drug offenders, for example. You arrest a man for selling marijuana and put him in prison. That move will cost you about $50,000 per year. What happens after that? Another person steps in to fill the void and becomes the new dealer. This is called replacement.

So for every drug dealer you arrest, you end up with that many drug dealers in prison (each on costing you about $50,000 per year), but the same number of dealers (and drugs) on the street!

That is sure way to bankrupt a state.

An obvious solution is to stop locking people up for relatively minor crimes. Another is to amend the state's Three Strikes law so that it is only used against repeat, violent offenders.

Of course, in my book, Justice Blind?, I made these suggestions years ago. Too bad people in positions of power don't listen to me.

EDIT: I should have noted this: 

"One would think that, before allowing the . . . release [of] 46,000 convicted felons, this Court would bend every effort to read the law in such a way as to avoid th[is] outrageous result." - Justice Scalia, phony originalist/textualist, dissenting, in Brown v. Plata.

Isn't this an admission of activist judging?


I thought this guy believed in reading the Constitution as written!

http://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population

Tuesday, February 8, 2011

Will California resume executions?

California has the nation's largest death row population.

But it has not executed anyone since a judge imposed a moratorium in 2006.

Now that judge is visiting the new execution chamber to see if it is acceptable enough to him to resume executions.

The state, in a massive budget crisis, still spent $900,000 to build the new execution room.

Here's hoping all that money did not get spent for nothing.

http://news.yahoo.com/s/ap/20110208/ap_on_re_us/us_california_executions