Thursday, July 17, 2014

LA Times: "Federal judge rules California death penalty is unconstitutional"

"A federal judge in Orange County ruled Wednesday that California’s death penalty violates the U.S. Constitution’s ban on cruel and unusual punishment."
U.S. District Judge Cormac J. Carney, ruled on a petition by death row inmate Ernest Dewayne Jones, who was sentenced to die nearly two decades ago.

[T]he dysfunctional administration of California’s death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay preceding their actual execution,” Carney wrote.

Carney, an appointee of former President George W. Bush...

The “random few” who will be executed “will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary,” Carney said.

“No rational person,” Carney wrote, “can question that the execution of an individual carries with it the solemn obligation of the government to ensure that the punishment is not arbitrarily imposed and that it furthers the interests of society.”

11 comments:

KCFleming said...

I wonder if murder and rape are unconstitutional.

And what's the big deal with being unconstitutional?

Shit, Obama's reign has been that way since day one, and that don't seem to mean squat.

edutcher said...

I saw this movie.

40 years ago.

The Dude said...

THE WHOLE SYSTEM IS UNCONSTITUIOTNAL! I mean, out of order.

Pardon me, your honor, I'll just slink off now.

BECAUSE YOU CAN'T HANDLE THE TRUTH!!!

As you were...

deborah said...

I did not know Tom Petty did this song.

Dust Bunny Queen said...

The “random few” who will be executed “will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary,”

So....the answer plainly seems to be to just hurry up and proceed with the execution in a timely manner so that it is a REAL punishment and not a lifetime of hanging around doing appeal after appeal.

Punishment for the crime should be swift. Do some innocent people get caught up...yes. Why is that? Because the prosecution and police stack the deck so they can win. They are incentivized to get convictions. THEY should be punished everytime an innocent goes to jail or is executed. Everytime no matter what it is. Maybe they will be more careful and conscientious if there are consequences for them as well.

Known Unknown said...

I'll admit, I have little sympathy for the most heinous criminals among us, but I'm not crazy about the death penalty, either.

ampersand said...

Why didn't the judge just order the state to execute the convict immediately?

The Dude said...
This comment has been removed by the author.
ampersand said...

If Terry Schiavo had murdered her husband before going into her coma,she'd still be breathing.

Methadras said...

Another family denied vengeance and justice.

William said...

The historical record shows that the death penalty has been used inappropriately in the past. The historical record also shows that there are crimes so horrendous and foul that they require the death penalty.......The will of the people is frequently mistaken. The will of the educated and informed has also been mistaken. We live in a democracy. Wherever possible I'd prefer to go with the will of the people.