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re: Question about CA Death Penalty case
Posted on 7/17/14 at 7:11 am to Wishnitwas1998
Posted on 7/17/14 at 7:11 am to Wishnitwas1998
quote:
Said that bc he was sentenced over 20 years ago it was cruel and unusual to give him the DP now, which to me is ridiculous as the inmate is the one who has delayed it this long through appeals in the first place
I think it's more nuanced than that. The decision appears to NOT declare capital punishment unconstitutional under the Eighth (not Fourth) Amendment. Instead, it says that CA's current system is so unusual that the current system violates the Eighth. CA currently has a moratorium on the death penalty but those whose received a death penalty sentence prior to the moratorium are sitting limbo. They will not be executed so long as the moratorium is in place but are in jeopardy of execution if the moratorium is lifted. The judge declared that arbitrary nature of the CA's legislature ability to lift the moratorium is so unusual compared to the rest of the country that it violates the Eighth. Long story, short, it means that all inmates who have received capital punishment prior to the moratorium will no longer have the threat execution. It does not stop CA from lifting the moratorium and handing out the death penalty it new cases.
ETA: the decision had nothing to do with delays due to the appeals process
This post was edited on 7/17/14 at 7:14 am
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