Showing posts with label DeathPenalty. Show all posts
Showing posts with label DeathPenalty. Show all posts
Californians overwhelmingly support the death penalty

Californians overwhelmingly support the death penalty

This new Survey USA poll has some surprising results. Women are more likely than men to keep the death penalty (63% to 59%). Every age group has a clear majority supporting it, from younger voters at 57/31 to seniors at 62/29. Strong majorities of black and Hispanic voters support it, even while opponents claim it gets applied in a discriminatory fashion against minority defendants. It’s no surprise to see 70% of Republicans supporting it, but 56% of Democrats do as well – and even a plurality of self-described liberals want it as an option (48/44).

61% of registered voters from the state of California say they would vote to keep the death penalty, should a death penalty initiative appear on the November 2012 ballot, according to this latest SurveyUSA poll conducted exclusively for KGTV-TV San Diego, KPIX-TV San Francisco, KFSN-TV Fresno, and KABC-TV Los Angeles. 29% say they would vote to eliminate the death penalty. Keeping the death penalty law in California is supported by a majority among all groups except liberals, who are divided. . . .
Solid majority of Canadians support the death penalty

Solid majority of Canadians support the death penalty

The poll implies that Canadians support the death penalty in much the same way that it is done in the United States, which requires some type of special circumstances. Of course, despite what might be true in the movies, there has yet to be a case in the US where someone was incorrectly put to death. Even in the provinces with the most opposition, the opposition never rises above 45 percent and the next highest opposition is just 32 percent. From Angus Reid Public Opinion:

The survey conducted by Angus Reid Public Opinion in partnership with the Toronto Star found that 63 per cent of the 1,002 Canadians surveyed across the country believe the death penalty is sometimes appropriate. Sixty-one per cent said capital punishment, which was abolished in Canada in 1976, is warranted for murder.

“I think people might be warming to the idea of having it as an option on the table, if anything just as a deterrent,” said Jaideep Mukerji of Angus Reid.

But Mukerji said the poll also reveals that it is “not a black and white” issue for many Canadians. Given the choice of supporting the death penalty or life imprisonment, 50 per cent chose the latter, the survey found. . . .

In British Columbia and Alberta, about seven in 10 support the return of the death penalty; six in 10 Ontarians, or 62 per cent, agree.

The most opposition was in Quebec, with about 45 per cent against the return of capital punishment. Some 32 per cent in Ontario and 24 per cent in British Columbia were also opposed.

“These respondents (about 75 per cent) are primarily concerned over the possibility of wrongful convictions leading to executions, but most (54 per cent) also feel that even if a convicted murderer has taken a life it is wrong to take the murderer’s own life as punishment,” the survey results stated. . . .


Thanks to Mario Canseco for this link to the full poll results.
The debate over the death penalty is being picked up again in the UK

The debate over the death penalty is being picked up again in the UK

Dr Tim Stanley, a research fellow in American History at Royal Holloway College, has a piece in the UK Telegraph. Among his points:

Opponents will point out that the death penalty is practiced in the states with the highest murder rates. This is true, but it doesn’t mean that executions don’t work – it just means that they take place where they are needed most. The states without the death penalty historically have lower than average levels of crime. When the death penalty was suspended nationwide from 1968 to 1976, murder rates went through the roof – except in those states. When the ban was lifted, the states that reintroduced the death penalty saw an astonishing 38 per cent fall in their murder rate over twenty years. Indeed, there is a statistical relationship between the growth in executions and the decline in murder. According to John Lott, author of Freedomnomics, “between 1991 and 2000, there were 9,114 fewer murders per year, while the number of executions per year rose by 71.” In his own studies, the only exception to this rule proved to be multiple victim public shootings, like the Virginia Tech Massacre. The reason is obvious: the perpetrators expect to die while carrying out their crime and invariably do. . . .


It is nice to see that Freedomnomics is getting some attention in the UK.
Why do so many criminals fight hard against the death penalty being imposed on them?

Why do so many criminals fight hard against the death penalty being imposed on them?

Here is an interesting case from Politico. Attorneys say alleged USS Cole bomb plotter shouldn't face death penalty:

Attorneys for the Saudi national accused of masterminding the October 2000 bombing of the USS Cole filed a motion Friday arguing that the government's treatment of their client, the mishandling of his prosecution and flaws in the military commissions process should exempt him from being subject to the death penalty.

In their legal brief, Abd al-Rahim al-Nashiri's lawyers said their client was tortured at the hands of the CIA while being held in secret prisons after his 2002 capture in the United Arab Emirates.

“The United States should not be permitted to kill a man it has brutally tortured and subjected to cruel, inhuman and degrading treatment,” they wrote. . . .
83 percent of Americans support death penalty

83 percent of Americans support death penalty

These are some surprisingly high percentages given the past results from this source. The previous surveys have all shown high percentages of support, but not this high.

Across the country, 83 per cent of respondents support punishing homicide with the death penalty, while 13 per cent are opposed. A majority of Americans would also rely on capital punishment to punish rape (62%) and kidnapping (51%), but not armed robbery (40%).

Respondents are evenly split on the overall effect of the death penalty. While 39 per cent of Americans think capital punishment acts as a deterrent, 35 per cent disagree. Republicans (52%) are more likely to believe that the death penalty deters potential criminals than Independents (40%) and Democrats (34%). . . .
Abusing IQ tests in death penalty cases?

Abusing IQ tests in death penalty cases?

This seems pretty strange to me that IQ tests done after the person is charged or convicted of a crime should be relied on. There is too much of a possibility of gaming the system. From the New York Times.

A 44-year-man whose lawyers claim he is mentally retarded is scheduled to be executed Thursday evening in Huntsville, Tex., unless the United States Supreme Court agrees to hear his case. . . .

Mr. Woods’s lawyers argue that his intelligence scores are low enough that he should be spared because of the Supreme Court ban in Atkins v. Virginia. But several courts have rejected that claim. . . .

His intelligence was tested twice in grade school, and he received scores of 80 and 78, but defense lawyers argued that those scores should be adjusted downward to account for the age of the tests. As an adult, he was tested just before his trial and scored 70. A second test done in prison in 2002 showed him with an I.Q. of 68. . . .


An IQ of 84 being declared as mentally retarded seems bizarre.

Some state courts in Mississippi, Alabama and Texas have held that inmates with scores as low as 66 are not impaired, while an inmate in California with a score of 84 was declared mentally retarded. . . .


I found this: "The standard deviation used in many tests, including the Weschsler IQ test, is 15." If that is accurate here, that implies that 66.6 percent of the population falls between an IQ of 85 and 115. That means that people just slightly outside the normal range are classified as mentally retarded. The notion that about 16 percent of the population is mentally retarded seems pretty high.
States passing "Racial Justice Act" for the death penalty: Keeping race out of the decision or putting it in the decision?

States passing "Racial Justice Act" for the death penalty: Keeping race out of the decision or putting it in the decision?

I have no doubt that one can find places in the country where minorities are sentenced to the death penalty at relatively high rates, but overall whites quite disproportionately face the death penalty compared to the number of murders that they commit. What this means is a high black rate in some areas must be offset by an even much higher than average rate for whites in other areas. Does that mean that whites are being really discriminated against?

A new law in North Carolina could help murderers get off death row and stymie prosecutors who seek capital punishment in future cases, according to legal experts.

Last month, North Carolina became the second state after Kentucky to enact the Racial Justice Act, which seeks to ensure that race plays no role in who gets sentenced to death. . . .

Among the 163 people on North Carolina's death row, more than half - 88 inmates - are black. Sixty-two are white. . . .

North Carolina's law applies to two groups:

Those already on death row, who may seek to prove that race played a role in their sentences. They have until Aug. 11, 2010, to ask a judge to overturn their death sentences. Those who prove their cases would see their sentences converted to life in prison without parole.

Those accused of capital murder, who would have to raise the race issue before trial. If they can show that efforts to sentence them to death were racially motivated, death would no longer be an option. The maximum potential punishment would be life in prison without parole. . . .

Robeson County District Attorney Johnson Britt expects to be on the receiving end of Racial Justice Act claims. The county has four people on death row - three Indians, one white. Britt regularly seeks the death penalty in murder cases. . . .
Campaign for the Death Penalty in Mexico

Campaign for the Death Penalty in Mexico

From the LA Times:

You see some strong stuff on the streets of Mexico City. Women begging with babies in their arms, young kids, high on glue, washing car windshields and children no older than 5 trying to sell chewing gum and lollipops to people eating at sidewalk restaurant tables.

This month, there was a surprising new addition: an advertising campaign from Mexico’s Green Party, Partido Verde in Spanish, demanding the return of the death penalty to the country.

"Because we care about your life -- the death penalty for murderers and kidnappers," read the billboards. . . . .

It is highly unlikely, if not impossible, that the death penalty could be re-introduced because of legal obstacles, according to experts. But the current wave of crime and drug-related violence rocking the country has upped the public’s demand for stronger measures against criminals. A survey published by El Universal on Monday reported that 70% of respondents supported bringing back the death penalty. . . . .
"Mexicans Want Death Penalty for Some Crimes"

"Mexicans Want Death Penalty for Some Crimes"

Here are some interesting poll results:

The majority of people in Mexico think the death penalty should be implemented to deal with specific offences, according to a poll by Parametría. At least 60 per cent of respondents think capital punishment should be applied to people convicted of rape, homicide and kidnapping. . . .


The most interesting thing to me is that more Mexicans want the death penalty for rape (68%) than want it for murder (64%). In any case, those are strong supermajorities.
The Supreme Court's Decision to strike down the death penalty for raping a child based on factual error

The Supreme Court's Decision to strike down the death penalty for raping a child based on factual error

The Washington Post points to the error:

what if the Supreme Court not only blows a key fact but also bases its ruling, in part, on that error? There was quite a goof in the court's 5 to 4 decision on June 25 banning the death penalty for those who rape children. The majority determined that capital punishment for child rape was unconstitutional, in part because a national consensus had formed against it. As evidence, the court noted that "37 jurisdictions -- 36 States plus the Federal Government -- have the death penalty. [But] only six of those jurisdictions authorize the death penalty for rape of a child." Actually, only two years ago, Congress enacted a death penalty for soldiers who commit child rape, as part of an update to the Uniform Code of Military Justice (UCMJ). Irony of ironies: The court has cast doubt on the constitutionality of an act of Congress based on the erroneous claim that the statute did not exist. . . .


If the horrible event should come to pass where a soldier should rape a child, I hope that they try their best to impose the death penalty on him. Not only would it be an understandable desire to punish the horrible crime that way, but it would allow the Supreme Court to revisit the issue of the death penalty for other such horrible crimes. However, I should mention that the death penalty for crimes other than murder do have one significant problem with them, and that is it creates an incentive for the rapist or criminal committing some other act to kill the victim so as not to leave any witnesses. On the other hand that effect might be offset at least partially because police attempt to catch murderers much more than they attempt to catch other criminals.
Striking Down the Death Penalty Again: PATRICK KENNEDY, PETITIONER v. LOUISIANA

Striking Down the Death Penalty Again: PATRICK KENNEDY, PETITIONER v. LOUISIANA

Today the Supreme Court struck down the death penalty of child rape. Alito's response can be found here. The biggest problem with the Court's reasoning is that you could never adopt a new use for the death penalty because even if it were very popular, it would take some years to get the new law adopted. From Kennedy's decision:

Evolving standards of decency must embrace and express respect for the dignity of the person … When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint. . . .


The "commitment to decency"? What about the commitment to stopping brutality? What about the commitment to decency for what would otherwise be future victims?

From Alito's dissent:

Finally, the Court argues that statistics about the number of executions in rape cases support its perception of a “national consensus,” but here too the statistics do not support the Court’s position. The Court notes that the last execution for the rape of a child occurred in 1964, ante, at 23, but the Court fails to mention that litigation regarding the constitutionality of the death penalty brought executions to a halt across the board in the late 1960’s. In 1965 and 1966, there were a total of eight executions for all offenses, and from 1968 until 1977, the year when Coker was decided, there were no executions for any crimes.6 The Court also fails to mention that in Louisiana, since the state law was amended in 1995 to make child rape a capital offense, prosecutors have asked juries to return death verdicts in four cases. . . .

A major theme of the Court’s opinion is that permitting the death penalty in child-rape cases is not in the best interests of the victims of these crimes and society at large. In this vein, the Court suggests that it is more painful for child-rape victims to testify when the prosecution is seeking the death penalty. Ante, at 32. The Court also argues that “a State that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim,” ante, at 35, and may discourage the reporting of child rape, ante, at 34–35.

These policy arguments, whatever their merits, are simply not pertinent to the question whether the death penalty is “cruel and unusual” punishment. . . .

In summary, the Court holds that the Eighth Amendment categorically rules out the death penalty in even the most extreme cases of child rape even though: (1) This holding is not supported by the original meaning of the Eighth Amendment ; (2) neither Coker nor any other prior precedent commands this result; (3) there are no reliable “objective indicia” of a “national consensus” in support of the Court’s position; (4) sustaining the constitutionality of the state law before us would not “extend” or “expand” the death penalty; (5) this Court has previously rejected the proposition that the Eighth Amendment is a one-way ratchet that prohibits legislatures from adopting new capital punishment statutes to meet new problems; (6) the worst child rapists exhibit the epitome of moral depravity; and (7) child rape inflicts grievous injury on victims and on society in general.


I can come up with nonconstitutional reasons for not having the death penalty for rape, but the death penalty itself is explicitly mentioned in the constitution. That is the reason the majority in this case has to rely on a living constitution that includes "Evolving standards" of decency.
Czechs' Overwhelmingly Favour Death Penalty

Czechs' Overwhelmingly Favour Death Penalty

The results of the CVVM survey are discussed here:

The number of people who support the death penalty has increased in the Czech Republic, according to a poll by CVVM. 62 per cent of respondents think the practice should be allowed in the country, up four points since June 2007. . . .
Death Penalty Executions Can Go Ahead for Now

Death Penalty Executions Can Go Ahead for Now

Today's decision by the US Supreme Court means that the presidential race this year could well determine if the death penalty can be continued. The 7 to 2 decision is much closer than what it appears. In a very splintered decision, only a plurality held any part of the case. As the AP reports:

Roberts' opinion did leave open subsequent challenges to lethal injection practices if a state refused to adopt an alternative method that significantly reduced the risk of severe pain. . . .
A Majority of British Would Reinstate the Death Penalty

A Majority of British Would Reinstate the Death Penalty

A discussion of the YouGov poll can be seen here:

Half of adults in Britain would be in favour of restoring the death penalty for cases of murder, according to a poll by YouGov. 50 per cent of respondents share this opinion, while 40 per cent disagree.

Britain began a five-year moratorium on all death penalties from criminal convictions in 1965, and made the suspension permanent in 1969. Attempts to abolish the death penalty in Britain have been made since at least 1808, but each initiative was stalled at various stages of the legislative process. That said, even by 1861, there were only four civilian crimes—murder, treason, arson in royal dockyards, and piracy with violence—that were punishable by death. . . .
Another case where a criminal begs to avoid the death penalty

Another case where a criminal begs to avoid the death penalty

It is hard to understand how death penalty opponents can see all these murders begging not to be executed and not believe that the death penalty serves as a deterrent. This from CNN:

A former police officer convicted of murdering his girlfriend and their unborn child tearfully apologized to her family Monday in front of the jury that will decide whether he lives or dies.

Bobby Cutts Jr. weeps openly as his mother describes his childhood during a sentencing hearing.
1 of 2

"It was a nightmare that will continue to haunt me for the rest of my days," said Bobby Cutts, Jr., 30, reading from a prepared statement at the penalty phase of his murder trial.

"Ladies and gentlemen of the jury, I'm asking you to spare my life." . . .