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This is a really odd judicial decision
Posted on 9/5/14 at 2:05 pm
Posted on 9/5/14 at 2:05 pm
Big feature story in The Inquisitor today. Can't link it but here is the headline..
LINK
The gist of the story. A few years ago the perp strangled an old man and killed a young lady. He decided to have sex with the lady's dead body (anyone remember Alice Cooper's 'Cold Ethel'?
Jury voted guilty and called for Cap Pun. Judge Crichton sentenced him to death.
Defense appealed based on a mistake during jury selection made by Judge Crichton (who teaches a course on jury selection).
The question put to the juror "Would you consider mitigating circumstances like alcohol or drugs as a reason a convicted murderer should not receive capital punishment?"
Answer: "I would consider mitigating circumstances from birth...like mental retardation. But if you choose to drink and commit murder I would not discount capital punishment."
Judge Victory, who overturned the death sentence, agreed that Judge Crichton should have excluded the juror for this answer.
Judge Victory is leaving a post that Judge Crichton is running for so most people think this is a political poke in the eye from Victory to Crichton.
The law enforcement community that handled the case is absolutely livid with Judge Victory.
LINK
The gist of the story. A few years ago the perp strangled an old man and killed a young lady. He decided to have sex with the lady's dead body (anyone remember Alice Cooper's 'Cold Ethel'?
Jury voted guilty and called for Cap Pun. Judge Crichton sentenced him to death.
Defense appealed based on a mistake during jury selection made by Judge Crichton (who teaches a course on jury selection).
The question put to the juror "Would you consider mitigating circumstances like alcohol or drugs as a reason a convicted murderer should not receive capital punishment?"
Answer: "I would consider mitigating circumstances from birth...like mental retardation. But if you choose to drink and commit murder I would not discount capital punishment."
Judge Victory, who overturned the death sentence, agreed that Judge Crichton should have excluded the juror for this answer.
Judge Victory is leaving a post that Judge Crichton is running for so most people think this is a political poke in the eye from Victory to Crichton.
The law enforcement community that handled the case is absolutely livid with Judge Victory.
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