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Message
Death Penalty Ruled Unconstitutional in California
Posted on 7/16/14 at 3:24 pm
Posted on 7/16/14 at 3:24 pm
quote:
CNN) -- A federal judge in California ruled Wednesday that the state's death penalty is unconstitutional.
California put a moratorium on the death penalty in 2006 and hasn't executed anyone since. There are 748 people on death row.
In his decision, Judge Cormac J. Carney of the U.S. District Court for the Central District of California vacated the 1995 death sentence of Ernest Jones.
He wrote: "Allowing this system to continue to threaten Mr. Jones with the slight possibility of death, almost a generation after he was first sentenced, violates the Eighth Amendment's prohibition against cruel and unusual punishment. "
Carney called the administration of the state's death penalty system "dysfunctional."
LINK
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Posted on 7/16/14 at 3:26 pm to GetCocky11
California is a total joke. frick that state
Posted on 7/16/14 at 3:26 pm to GetCocky11
I hate people.
Posted on 7/16/14 at 3:26 pm to GetCocky11
I'm against the death penalty because our prosecutors and police are so incompetent but with this line of reasoning isn't prison cruel and unusual?
Posted on 7/16/14 at 3:27 pm to GetCocky11
Looks like they ruled the long period in between sentencing and possibly getting the death penalty unconstitutional, not the act itself (at least from what you quote).
I want that shite expedited anyways.
I want that shite expedited anyways.
Posted on 7/16/14 at 3:28 pm to GetCocky11
Good for California. Time for the other 49 states to follow suit.
Posted on 7/16/14 at 3:28 pm to GetCocky11
I don't like the death penalty all that much.
But it needs to be replaced with a sentence of hard labor. Short of that, death penalty should be an option.
But it needs to be replaced with a sentence of hard labor. Short of that, death penalty should be an option.
Posted on 7/16/14 at 3:31 pm to GoCrazyAuburn
quote:
the long period in between sentencing and possibly getting the death penalty unconstitutional, not the act itself
But, how much of that is the result of the actions of the convict?
I.e., with appeals and endless habeas petitions, a death row inmate can drag out his waiting time for more than a decade at a minimum. So, the convict gets to tie up the courts playing "4 corners" and then avoid it altogether because it "took too long"/
From what it sounds likes, it CA's own fricking fault because of its self-imposed moratorium.
In which case, frick California.
Posted on 7/16/14 at 3:32 pm to udtiger
Agreed. Just wanted to clarify a slightly misleading title.
Posted on 7/16/14 at 3:32 pm to The Spleen
I'm opposed to the death penalty as well, but this obvious usurpation of authority by the judiciary is dangerous. How in the world does that Federal judge think he can rule the death penalty unconstitutional after 200 years of its legal existence under that constitution without a change in the constitution?
Posted on 7/16/14 at 3:32 pm to DelU249
quote:
'm against the death penalty because our prosecutors and police are so incompetent
Agree to a certain extent.
I think if its a confession or there is DNA evidence, then the Death Penalty should be on the table. As for circumstantial evidence resulting in a conviction, I don't think the death penalty should be available.
There have been too many cases where people are found innocent later down the road thanks to DNA or other evidence.
Posted on 7/16/14 at 3:36 pm to GetCocky11
quote:
He wrote: "Allowing this system to continue to threaten Mr. Jones with the slight possibility of death, almost a generation after he was first sentenced, violates the Eighth Amendment's prohibition against cruel and unusual punishment. "
Mr. Jones has been appealing his case for nearly 20 years.
Sounds like it was "cruel and unusual" solely because of the efforts of him and his legal team.
Posted on 7/16/14 at 3:36 pm to GoCrazyAuburn
quote:
Agreed. Just wanted to clarify a slightly misleading title.
Just used the same title as the title of the CNN article. Then again, CNN is the master of misleading titles.
Posted on 7/16/14 at 3:38 pm to GetCocky11
That they are.
Posted on 7/16/14 at 3:58 pm to GetCocky11
I have an alternative to the DP. Sentence the perp to solitary for life. Put a tv screen and sound system he can't get to. Have it on a loop playing the same The View episode over and over again at high volume until he kills himself:
Posted on 7/16/14 at 3:59 pm to DelU249
quote:I'm with you. I don't trust the State to decide who lives and who dies. But this is an absolute contortion of the 8th.
I'm against the death penalty because our prosecutors and police are so incompetent but with this line of reasoning isn't prison cruel and unusual?
Posted on 7/16/14 at 4:01 pm to GetCocky11
What a pathetic, pussified ruling.
This post was edited on 7/16/14 at 4:02 pm
Posted on 7/16/14 at 4:13 pm to GetCocky11
quote:
"Allowing this system to continue to threaten Mr. Jones with the slight possibility of death, almost a generation after he was first sentenced, violates the Eighth Amendment's prohibition against cruel and unusual punishment. "
So, the judge wants the sentence to be carried out quicker - he didn't suggest something inherent in the punishment.
I'm in total agreement - sentence to be carried out within 90 days. File ALL of your appeals by then, and it will go directly to the Supreme Court.
Posted on 7/16/14 at 4:19 pm to GetCocky11
im no fan of the death penalty, wouldnt mind a bit if it were done away with entirely in fact - but this ruling is absurd.
it takes so long to execute someone because they are allowed 5641634654 appeals on the most asinine of things to stay the execution. this is simply a case of a fed judge taking the law into his/her own hands. obviously the death penalty is constitutional if it werent we wouldnt execute so many people, a case would have made its way to the SCOTUS and they would have ruled so.
it takes so long to execute someone because they are allowed 5641634654 appeals on the most asinine of things to stay the execution. this is simply a case of a fed judge taking the law into his/her own hands. obviously the death penalty is constitutional if it werent we wouldnt execute so many people, a case would have made its way to the SCOTUS and they would have ruled so.
Posted on 7/16/14 at 4:20 pm to GetCocky11
quote:
California
Explains everything. Should be it's own country
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