The problem with the being against the Death Penalty

Started by Razgovory, March 19, 2010, 09:03:12 AM

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grumbler

Quote from: Zanza on March 28, 2010, 08:11:06 PM
Why can they only make such decisions one hour before the execution is meant to take place? It makes for good Hollywood films I guess. They had 15 years to review the case and they do so hours before he is meant to be executed. That's really inefficient.
Who is "they?"  "They" make decisions on appeals that are not last-minute all the time.  You just don't hear about them.  I am willing to bet that, in this case, the lower courts of appeal (this went to the USSC, remember) probably don't expedite rulings on specific appeals until execution time nears, and then the appeal of the appeal has to be heard and ruled on, etc.  The USSC probably didn't have this case for very long, and all they are ruling is that they want to have the time to consider the case.

The Skinner case is one of those bags of worms you get from a corrupt judicial system.  His attorney was court-appointed, and the official responsible for handing out the case gave it to a fired DA who needed the money to pay delinquent taxes - and who had prosecuted Skinner in the past and apparently had no interest in actually defending Skinner.  Skinner's appeals have been denied, on the basis that he cannot now get testing his attorney could have gotten during the lead-up to the trial just by asking for it.

The prosecutor also will not release the evidence for private testing, though it is in her power to do so. 

The case will test some of the limits of the claim of ineffective counsel, and, of course, whether or not one has a civil right to have evidence DNA tested.  Personally, though, I think the guy is guilty as hell.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!