[chron] Judge grants motion declaring death penalty unconstitutional

Maybe he actually believes it.

 

I don't agree with his position on the death penalty, but I'm not going to call him a wackjob or be angry that he did this. Thank God our history is littered with people who didn't just forgo their principles because of established law.

 

I just wish they would overturn the law that really leads to a lot of unnecessary deaths. Roe v. Wade and its progeny legalized the #1 cause of death in America. From 1974 to 2009, there were 447 executions in the State of Texas. Over the same period, the fewest reported abortions in a single year in the State of Texas was 31,024 in 1975. That means in the slowest year for abortions, there were more in the average week (594) than executions for all of those decades combined.

I am no proponent of the death penalty, but it is a glamor issue, not one that affects a lot of people. The remedy is also very simple, vote to get rid of it. There is no constitutional mandate to allow the death penalty.

 

In other words, you don't believe in the death penalty.

 

There is a big difference. Slavery required new law(13th amendment) to make it illegal. This guy is deciding that current law makes it illegal. His idea of it being right or wrong is irrelevant. This is about his interpretation of the Constitution at some level.

 

I believe in it when it there's no doubt. I believe in the death penalty for Osama Bin Laden for example.

 

Indeed - what a simple remedy. There is very little that can't be solved through the magic of a voter referendum.

 

How convenient it is for you to define "unnecessary deaths" as such. When you eat a cheeseburger, does that not entail the unnecessary death of a cow? I suppose we could pass a law banning meat-eating and prevent loads of unnecessary deaths! I dare you to walk up to a woman who has recently had an abortion and tell her that her unborn child's death was unnecessary.

 

It's called not getting j*zz into the poon. Look into it.

 

What? Is this supposed to be clever or funny in some way?

 

Given that our justice system is run by humans I don't think it will ever be perfect. As it stands now the death penalty is only to be used where overwhelming proof of guilt is there, in fact to determine guilt in any criminal trial it has to be beyond a reasonable doubt, yet we still are finding many cases of people who have been convicted wrongly.

Consider again the case in this thread:
http://bbs.clutchfans.net/showthread.php?t=182910
Where a man was convicted of rape, a crime that some would like to see turned back into a capital offense, only to have the victim 4 years later recant along with new DNA evidence showing that he was innocent.

We obviously need to consider public safety but I don't believe the death penalty contributes to it.

 

unnecessary

 

Could we move the abortion debate to another thread?

True. Although at the moment it seems like both pro and anti-sides of the issue are looking for the courts to resolve it.

 

If you are against the death penalty elected judgeships aren't generally a good thing. While you have this judge who happens to represent a district where political opinion is against the death penalty but you have many many districts where opinion is for. Even worse you have judges who might be tempted to impose the death penalty more frequently just to appease the electorate, "Hanging Judges".

Besides the death penalty I think it is a bad idea to have elected judgeships just because there is too great of a temptation for them to pander to the electorate and even worse to pander to donors.

 

Here is some commentary on Judge Fine's ruling:

http://bennettandbennett.com/blog/2010/03/even-in-texas-death-penalty-still-constitutional.html

That entry also goes into the procedural hurdles the state faces in appealing this ruling.


Also, in a separate entry in that blog the following approximate quotes of Judge Fine as indicated by a courtroom observer:

"I must decide what our evolving standards or decency are, such that society recognizes standard of fairness and liberty that a state might execute one or more innocent people so that people who are truly deserving of death can be executed."

"Our country is more aware of executing innocent people. I don’t think anyone would be willing to allow an innocent be executed so that guilty can be executed."

"With no other guidance from a higher court, this is the most difficult decision I’ve had to make. But I am not prepared to say our society is willing to let innocent people die so Texas can have a death penalty."

 

Yes, I am on the lunatic fringe that does not equate cows and people. How would one go about finding a woman that recently had an abortion anyway? Is there a website or something? Am I supposed to be able to tell just by looking at women? Should I approach women randomly and say that to them until I manage to run into one who reacts in a way that reveals she recently had an abortion? Should I wait outside an abortion clinic? Your dare seems like it is going to require a significant amount of time and effort on my part just to shame a single person, one that likely won't care what I think anyway.

I was simply contrasting with another life or death issue. While there is settled law that says the US doesn't consider the death penalty cruel and unusual punishment, that is no obstacle to getting rid of it through normal legislative channels.

Or voting for candidates that oppose the death penalty. Or trying to gather the support necessary for a constitutional amendment. Would you disagree that the proper way to get rid of the death penalty in Texas is through political rather than legal action? Anyway, I stand by my statement. Voting is a simple remedy. It may not be fast, or easy, or even effective, but it is simple.

 

Yes I would disagree - if the death penalty was being unconstitutionally applied in Texas (and it probably is, given its tendency to sort of execute innocent men on occasion) I don't believe that voters are the best way to solve the problem. In fact they are probably the worst way.

 

Yeah, voting is the way to solve societal ills! I could give you a historical review of America and its citizenry and what they have/have not voted for, but I will spare you the mundane lecture and ask you this; if your life was hanging in the balance, would you be cool with the idea of voters who know nothing about you and don't think they will ever be in the same positions being the ones to determine if this punishment is, lol, fair?

 

Exactly... We should all go to hell for putting an innocent soul to death. It is not worth the risk...

 

This is one of the biggest disgraces in the state of Texas. When I moved here 24 years ago, it blew my mind that judges had to run campaigns, take donations, canvass for votes and base their decisions on how the voting public would react instead of just interpreting the law.