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-   -   Jessica Lunsford's killer eligible for the DP!! (http://www.peachparts.com/shopforum/off-topic-discussion/196568-jessica-lunsfords-killer-eligible-dp.html)

Botnst 08-09-2007 04:39 PM

Quote:

Originally Posted by tankdriver (Post 1587626)
Working backwards::cool:

Currently we are having a heat wave. It's 105ish with the heat index, and pretty humid. It feels like I'm back in DC in August. I don't know how long it'll last, but last year's August was reasonable - mid/high 80's for the most part.


A source is a source. There's no real way to have a dialogue if the information is contested. Is there anything factually wrong from them?




These were pulled from a debate about the DP:
"In 82% of the studies [reviewed], race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty, i.e., those who murdered whites were found more likely to be sentenced to death than those who murdered blacks."
- United States General Accounting Office, Death Penalty Sentencing, February 1990

The numbers to go along with it:

Since 1976 (the year the moratorium was lifted), there have been 220 interracial murderers put to death.

In 12 cases, a white man received the death penalty and was executed for killing a black man.
In 218 cases, a black man received the death penalty and was executed for killing a white man.

Here's one example that doesn't involve any complicated numbers:

In preparing for the penalty phase of an African-American defendant's trial, a white judge in Florida said in open court: [B]"Since the n****er mom and dad are here anyway, why don't we go ahead and do the penalty phase today instead of having to subpoena them back at cost to the state." Peek was executed and his appeal denied [Peek v. Florida, 488 So.2d 52, 56 (Fla. 1986)]


"The researchers examined a large sample of the murders which were eligible for the death penalty in the state between 1983 and 1993. The researchers found that, even after controlling for case differences, blacks in Philadelphia were substantially more likely to get the death penalty than other defendants who committed similar murders. Black defendants faced odds of receiving a death sentence that were 3.9 times higher than other similarly situated defendants." (David Baldus, George Woodsworth, published in the Cornell Law Review, Fall of 1998)



My biggest concern, and I think it should be everyone's, is that the DP may be misapplied. I think it should be sought in fewer cases.

Correlation is not causality.

MTI 08-09-2007 08:36 PM

Quote:

Originally Posted by Botnst (Post 1587596)
That is a standard even higher than reasonable doubt, which must therefore include, unreasonable doubt. Am I wrong?

B


I believe your are confusing the standard of proof for conviction with the punishment. Conviction of crime, does not directly correlate to the punishment, and in particular, the inability to correct a state enacted execution when exculpatory evidence is shown.

MTI 08-09-2007 08:42 PM

Like NJ, NV, AZ, CA and some other states, HI has no reciprocity to pass the bar. One either has to be sponsored pro hac vice, or take the exam. Hawaii law tends to follow the modern common law and the uniform codes and it is one of the few western states that doesn't have community property laws.

Botnst 08-09-2007 09:17 PM

Quote:

Originally Posted by MTI (Post 1587822)
I believe your are confusing the standard of proof for conviction with the punishment. Conviction of crime, does not directly correlate to the punishment, and in particular, the inability to correct a state enacted execution when exculpatory evidence is shown.

Good point, but not the one I am attempting to make.

Or is it your contention that taking a life under any circumstances is immoral? I think that's a reasonable argument.

But I thought you argument was more concerned with accidental execution of the innocent. If that is the case, then my argument goes directly to the establishment of guilt prior to sentencing. If the current standard, reasonable doubt is sufficient then your concern about capitol punishment is disproportionate to the established convention.

But if your standard is that no innocent person could possibly be executed under any circumstance whatsoever, then we have to raise the standard of guilt to include circumstances that a reasonable person might not consider.

B

tankdriver 08-09-2007 10:56 PM

Quote:

Originally Posted by Botnst (Post 1587870)
But if your standard is that no innocent person could possibly be executed under any circumstance whatsoever, then we have to raise the standard of guilt to include circumstances that a reasonable person might not consider.

B

If the standard is that no innocent person could possibly be executed under any circumstance whatsoever, then you don't execute anybody. Problem solved, and we don't have to re-tool doubt standards.

Botnst 08-10-2007 07:58 AM

Quote:

Originally Posted by tankdriver (Post 1587977)
If the standard is that no innocent person could possibly be executed under any circumstance whatsoever, then you don't execute anybody. Problem solved, and we don't have to re-tool doubt standards.

Yes, which goes to my comment that if one believes capital punishment to be immoral, etc.

But if one believes capital punishment is not immoral ....

B


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