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[XiaNaphryz]

http://www.sfgate.com/crime/article/Federal-judge-rules-California-s-death-penalty-5625926.php

A federal judge declared California's death penalty unconstitutional Wednesday, saying delays of 25 years or more in deciding appeals and carrying out occasional executions have created an arbitrary and irrational system that serves no legitimate purpose.

The ruling by U.S. District Judge Cormac Carney of Santa Ana was limited to a single case and had no immediate impact on executions statewide, which have been halted by federal courts since 2006 because of multiple problems in lethal injection procedures.

But if upheld on appeal, the decision would end a California capital punishment system that has been approved by the voters three times - in 1972, 1978 and 2012, when an initiative to abolish the death penalty lost by four percentage points. Despite voter sentiment, the death penalty in California has rarely been implemented in recent decades.

The state has the nation's largest Death Row, with 748 inmates, and its lowest execution rate, with 13 inmates put to death since 1992.

As Carney noted, out of more than 900 convicted murderers sentenced to death since voters passed the current death penalty law in 1978, far more - 94 - have died from illnesses, suicide or other causes than on the executioner's table. An additional 39 have had their sentences reduced by the courts.

* Executions 'unlikely' *

For most condemned prisoners, "systemic delay has made their execution so unlikely that the death sentence carefully and deliberately imposed by the jury has been quietly transformed into one no rational jury or legislature could ever impose: life in prison, with the remote possibility of death," said Carney, a 2003 appointee of President George W. Bush.

That delay, Carney said, "has resulted in the arbitrary selection of a small handful of individuals for execution."

He said more than 40 percent of the current inmates have been on Death Row for more than 19 years, including Ernest Jones, sentenced to death in 1995 for a rape and murder in Orange County. Jones' lawyers challenged the death penalty system in his appeal, and Carney said his long stay on Death Row was the product of an unconstitutional system.

A statewide order could come from the Ninth U.S. Circuit Court of Appeals, where the state can appeal Carney's ruling. Attorney General Kamala Harris is reviewing the decision, said spokesman Nick Pacilio. There was no comment from Gov. Jerry Brown, who, like Harris, personally opposes the death penalty but defended it in court when he was the state's attorney general.

The issue could then head to the U.S. Supreme Court, which reinstated capital punishment nationwide in 1976 - four years after declaring all state death penalty laws unconstitutional - but in recent years has narrowed its scope somewhat, banning executions of juveniles and the mentally disabled.

"Other states have comparable problems in terms of rarely executing people, and long years of delay," said Richard Dieter, executive director of the Death Penalty Information Center, which opposes capital punishment. "This case has the potential to be a very important one."

* 3,000 on death row *

Out of 18 states that have abolished the death penalty, he said, six - Maryland, New Jersey, New York, New Mexico, Illinois and Connecticut - have done so since 2007, all after long periods with few executions. There were 3,000 prisoners on death row nationwide last year, but 39 executions, Dieter said.

The ruling "further proves that the death penalty is broken beyond repair," said Gil Garcetti, who sought numerous death sentences as Los Angeles County district attorney but joined the 2012 initiative campaign to repeal capital punishment. "It is exorbitantly costly, unfair and serves no legitimate purpose."

Kent Scheidegger, legal director of the pro-death penalty Criminal Justice Legal Foundation, predicted the ruling would be overturned on appeal. Other courts have ruled that long waits on death row are mainly due to inmates' appeals, not constitutional violations by the state, Scheidegger said, and the same holds true in California.

But Carney said the delays in California aren't caused by needless appeals or by the state's legitimate efforts to safeguard defendants' rights, but by the "dysfunctional administration of California's death penalty system."

Inmates sentenced to death must wait three to five years for a court-appointed lawyer and nearly 14 years for the California Supreme Court to make an initial ruling on their case, with further delays in additional appeals to the state and federal courts, Carney said.

"When the state permits the post-conviction review process to become so inordinately and unnecessarily delayed that only an arbitrarily selected few of those sentenced to death are executed, the state's process violates the Eighth Amendment," which bans cruel and unusual punishment, the judge said.

He noted that a statewide commission headed by former Attorney General John Van de Kamp concluded in 2008 that the death-penalty system had broken down and recommended changes that were largely ignored. They included a substantial increase in funding for legal representation.

The last time California's death penalty was struck down was in 1972, when the state Supreme Court ruled that executions were degrading and inhumane and violated the state Constitution. The voters overturned that ruling in November 1972.

 

[xbhaskarx]

What's ridiculous about this is the appeals process is out of control, it's almost impossible to execute anyone because it drags on forever...

The state has the nation's largest Death Row, with 748 inmates, and its lowest execution rate, with 13 inmates put to death since 1992.

...and that's now the reason the death penalty is unconstitutional.

saying delays of 25 years or more in deciding appeals and carrying out occasional executions have created an arbitrary and irrational system that serves no legitimate purpose.

How about streamlining the appeals process?

 

[entremet]

Hopefully gone for good, but California and direct democracy makes me think it will be back even though its efficacy is questionable.

 

[Escape Goat]

The system is unconstitutional. Killing criminals isn't if the process in which the state arrives at such a sentence is lawful.

 

[Fenderputty]

Hopefully gone for good, but California and direct democracy makes me think it will be back even though its efficacy is questionable.

I voted to get rid of it last time it came up

 

[nateeasy]

Execute the death penalty.

 

[cruets]

I voted for the death penalty just so Richard Ramirez would get what was coming to him. Fuck that guy

 

[entremet]

I voted for the death penalty just so Richard Ramirez would get what was coming to him. Fuck that guy

He died of natural causes in prison. Dude was in death row for a quarter century.

 

[Damaniel]

The death penalty is the perfect example of failed conservative logic - in their minds, the government is inept, corrupt, and incapable of doing anything right - *except* for killing people. Then, the legal system is magically infallible, juries never make mistakes, due process is nothing but a huge waste and burden, and 'cruel and unusual punishment' are just weasel words on a goddamned piece of paper.

The faster we can ban executions nationwide, the better. Considering that the rest of the civilized world already has, and we're left occupying the moral low ground with such bastions of freedom as North Korea, Saudi Arabia and China, the day that executions are a thing of the past will be a good day indeed.

 

[Kettch]

What's ridiculous about this is the appeals process is out of control, it's almost impossible to execute anyone because it drags on forever...



...and that's now the reason the death penalty is unconstitutional.



How about streamlining the appeals process?

The article discussed that as well.

But Carney said the delays in California aren't caused by needless appeals or by the state's legitimate efforts to safeguard defendants' rights, but by the "dysfunctional administration of California's death penalty system."

Inmates sentenced to death must wait three to five years for a court-appointed lawyer and nearly 14 years for the California Supreme Court to make an initial ruling on their case, with further delays in additional appeals to the state and federal courts, Carney said.

 

[AlexBasch]

He died of natural causes in prison. Dude was in death row for a quarter century.

Had no idea he died last year. People go with the 'most popular' (if that's a thing) serial killers, but his whole murder story really haunted me for a bit.

 

[WonkyPanda]

What's ridiculous about this is the appeals process is out of control, it's almost impossible to execute anyone because it drags on forever...



...and that's now the reason the death penalty is unconstitutional.



How about streamlining the appeals process?

I'm not sure easy that can be. From Direct appeals, to discretionary appeals, Post-conviction appeals, and Habeas issues that go beyond the trial record. It's not a simple process. Time to appeal, build cases around new issues, essentially creates mini-trials. The process is designed in this way because death is the ultimate sentence. Creating an intricate process is a measure to help curb improper executions.

 

[Officerrob]

It's not like being on death row in California means anything anyways

 

[terrisus]

saying delays of 25 years or more in deciding appeals and carrying out occasional executions have created an arbitrary and irrational system that serves no legitimate purpose.

In other words, "You're wasting too much time on things which are random and unnecessary. Just hurry up with the executions already!"

 

[Cyan]

In other words, "You're wasting too much time on things which are random and unnecessary. Just hurry up with the executions already!"

Well. I think it makes some sense to say "either fix it or get rid of it, but you can't keep doing what you're doing." It's in this odd in-between state where a death sentence probably isn't actually a death sentence but it might be but it's all kind of up to chance. You don't actually know what your sentence is, which appears to be the reason for calling it cruel and unusual.

Personally I'd prefer we abolished it, so the state of affairs where we sort of technically have it but don't really carry it out is preferable to doing it properly. But I can understand the reasoning.

 

[XiaNaphryz]

Had no idea he died last year. People go with the 'most popular' (if that's a thing) serial killers, but his whole murder story really haunted me for a bit.

It was a bit over a year ago almost exactly (by a month or so I believe), funnily enough.

 

[WaffleTaco]

"I think the problem is that it takes way too long for them to actually get executed and costs too much money to due the procedure as well. If some person is going to do something so inhumanely that they are charged with death, than they should not be treated humanely. After the sentencing of their death, take them outside and shoot them. The person that decided their death should be the one shooting. If they can't pull the trigger, then they don't deserve to die"


^What do y'all's think of that? One of my friends opinions whose nuts about the death penalty.

 

[bjork]

Oh good. I couldn't live with myself if Michael Morales was uncomfortable during his execution.

 

[gdt]

"I think the problem is that it takes way too long for them to actually get executed and costs too much money to due the procedure as well. If some person is going to do something so inhumanely that they are charged with death, than they should not be treated humanely. After the sentencing of their death, take them outside and shoot them. The person that decided their death should be the one shooting. If they can't pull the trigger, then they don't deserve to die"


^What do y'all's think of that? One of my friends opinions whose nuts about the death penalty.

Barbaric.

 

[Fart Stink]

The death penalty is the perfect example of failed conservative logic - in their minds, the government is inept, corrupt, and incapable of doing anything right - *except* for killing people. Then, the legal system is magically infallible, juries never make mistakes, due process is nothing but a huge waste and burden, and 'cruel and unusual punishment' are just weasel words on a goddamned piece of paper.

The faster we can ban executions nationwide, the better. Considering that the rest of the civilized world already has, and we're left occupying the moral low ground with such bastions of freedom as North Korea, Saudi Arabia and China, the day that executions are a thing of the past will be a good day indeed.

This is a quality post. I like this guy.

 

[WaffleTaco]

Barbaric.

Yea that's what I was thinking. The whole prison system needs some real tweaking, I am just not sure what could actually work though. I wrote a paper on how instead of treating criminals like they are in time-out, on how we should be more like either Switzerland or Neatherlands, where they try to give them certain criminals jobs and responsibilities. Unfortunately their society is quite different than Americans. They have a mad sentence of 20 years, so evanutally they will come back to society, and they do their best to re-insert them as safely as possible.

 

[Walshicus]

Oh good. I couldn't live with myself if Michael Morales was uncomfortable during his execution.

What about all those guys who were innocent but still executed?

 

[HI. BILLY MAYS HERE]

I don't even know why we have the death penalty no one ever gets executed

 

[Opus Angelorum]

I don't even know why we have the death penalty no one ever gets executed

24 this year so far:

http://en.wikipedia.org/wiki/List_of_offenders_executed_in_the_United_States_in_2014

 

[Necrovex]

"I think the problem is that it takes way too long for them to actually get executed and costs too much money to due the procedure as well. If some person is going to do something so inhumanely that they are charged with death, than they should not be treated humanely. After the sentencing of their death, take them outside and shoot them. The person that decided their death should be the one shooting. If they can't pull the trigger, then they don't deserve to die"


^What do y'all's think of that? One of my friends opinions whose nuts about the death penalty.

"Via DNA testing, we discovered this person was innocent of this crime...Whoops!"

 

[bjork]

What about all those guys who were innocent but still executed?

I don't know, I wasn't talking about them.

 

[TheChocolateWar]

The death penalty is the perfect example of failed conservative logic - in their minds, the government is inept, corrupt, and incapable of doing anything right - *except* for killing people. Then, the legal system is magically infallible, juries never make mistakes, due process is nothing but a huge waste and burden, and 'cruel and unusual punishment' are just weasel words on a goddamned piece of paper.

The faster we can ban executions nationwide, the better. Considering that the rest of the civilized world already has, and we're left occupying the moral low ground with such bastions of freedom as North Korea, Saudi Arabia and China, the day that executions are a thing of the past will be a good day indeed.

Because clearly only conservatives can support the death penalty.

 

[XiaNaphryz]

24 this year so far:

http://en.wikipedia.org/wiki/List_of_offenders_executed_in_the_United_States_in_2014

I think he's referring to California specifically.

 

[HI. BILLY MAYS HERE]

24 this year so far:

http://en.wikipedia.org/wiki/List_of_offenders_executed_in_the_United_States_in_2014

Talking about California

 

[Opus Angelorum]

I think he's referring to California specifically.

Talking about California

I see.

 

[HI. BILLY MAYS HERE]

I see.

Yeah I think the last person executed was the guy who started the crips back in 2005 or 2006.

 

[Opus Angelorum]

Yeah I think the last person executed was the guy who started the crips back in 2005 or 2006.

Seems it was this guy in 2006:

http://en.wikipedia.org/wiki/Clarence_Ray_Allen

 

[Wings 嫩翼翻せ]

"I think the problem is that it takes way too long for them to actually get executed and costs too much money to due the procedure as well. If some person is going to do something so inhumanely that they are charged with death, than they should not be treated humanely. After the sentencing of their death, take them outside and shoot them. The person that decided their death should be the one shooting. If they can't pull the trigger, then they don't deserve to die"


^What do y'all's think of that? One of my friends opinions whose nuts about the death penalty.

Yeah, that's... uh... something.

 

[SocksAndShoes]

"I think the problem is that it takes way too long for them to actually get executed and costs too much money to due the procedure as well. If some person is going to do something so inhumanely that they are charged with death, than they should not be treated humanely. After the sentencing of their death, take them outside and shoot them. The person that decided their death should be the one shooting. If they can't pull the trigger, then they don't deserve to die"


^What do y'all's think of that? One of my friends opinions whose nuts about the death penalty.

Yeah, that's ridiculous. This isn't Game of Thrones.

 

[Random Painted HIghway]

California has lost the will to actually impose their sentences, so I would agree, the axes hanging over someone's head for decades does seem cruel. Just lwop these guys and move on.

 

[HI. BILLY MAYS HERE]

Seems it was this guy in 2006:

http://en.wikipedia.org/wiki/Clarence_Ray_Allen

Thanks for the link I was close

 

[Two Words]

The government shouldn't be given the power to execute. It's as simple as that.

 

[_Ryo_]

Killing people that killed people has never made any sense to me.

 

[Angelus Errare]

The death penalty is the perfect example of failed conservative logic - in their minds, the government is inept, corrupt, and incapable of doing anything right - *except* for killing people. Then, the legal system is magically infallible, juries never make mistakes, due process is nothing but a huge waste and burden, and 'cruel and unusual punishment' are just weasel words on a goddamned piece of paper.

The faster we can ban executions nationwide, the better. Considering that the rest of the civilized world already has, and we're left occupying the moral low ground with such bastions of freedom as North Korea, Saudi Arabia and China, the day that executions are a thing of the past will be a good day indeed.

While I agree with you, I'd like to point out that Japan has capital punishment as well. In fact they just killed someone back in June of this year for multiple murders. Technically S.Korea still has the death penalty but they haven't killed anyone since like 2007.

 

[MrChom]

Killing people that killed people has never made any sense to me.

Yup.

It's one of the reasons I keep the US in my mental list of nations who are not yet ready to join the civilised world.

 

[elrechazado]

The government shouldn't be given the power to execute. It's as simple as that.

Time to dismantle the military and disarm law enforcement.

 

[mr stroke]

Killing people that killed people has never made any sense to me.

Reason?

I know it's the "cliche" question, but if someone killed your entire family would you be ok with them being sentenced to death?

 

[moggio]

Reason?

I know it's the "cliche" question, but if someone killed your entire family would you be ok with them being sentenced to death?

No?

And even if I was, it's not really a good idea to let the bereaved to decide the sentence. If it were I'm sure we'd have some very exotic executions.

 

[otapnam]

Yup.

It's one of the reasons I keep the US in my mental list of nations who are not yet ready to join the civilised world.

So its all good when anders breivik gets out in 21 years for what he did? Civilized right?

 

[moggio]

So its all good when anders breivik gets out in 21 years for what he did? Civilized right?

More civilised than killing him? Sure.

Also it's highly unlikely he'll ever be released.

 

[otapnam]

More civilised than killing him? Sure.

Also it's highly unlikely he'll ever be released.

You know what's funny is that people these days believe its more advanced to allow people to go unproperly punished for these sorts of crimes.

 

[David Incorporated Esq.]

Reason?

I know it's the "cliche" question, but if someone killed your entire family would you be ok with them being sentenced to death?

Let's not let our justice system be tempered with revenge. Once you've removed the dangerous person from society and put them in jail no further action is necessary. The only reason to execute them is to satisfy a barbaric need for bloody revenge.

We're better than that.

 

[Two Words]

Time to dismantle the military and disarm law enforcement.

There is a difference between executing and killing in defense.

 

[WhereAreMahDragonz]

So its all good when anders breivik gets out in 21 years for what he did? Civilized right?

Death offers a quick escape from jail and the atrocities of the crimes these people have committed. Spending the rest of your life behind bars, with no hope of release, is a just punishment in my opinion. To whither away with no hope for the future sounds terrible.

 

[jerry1594]

Had no idea he died last year. People go with the 'most popular' (if that's a thing) serial killers, but his whole murder story really haunted me for a bit.

His older cousin was hugely fucked up