Why are they victories for anti-death penatly proponents? Because these rulings made it just that much harder to give out a death penalty,
On the face of it (without hearing the presentation or reading all the leagal exhibits), I actually agree in principle with both rulings, and think it will make for a stronger use of the Death Penalty.
If someone is truly profoundly ********, then execution is IMHO pointless, just as it is for a truly insane person. Neither are turly capable of understanding their actions, yet they are people, so the DP should be spared.
In the second case, I also agree that the DP should not be meted out by one judge acting alone. Not in today's society, with instant access and transprtation. It is not the wild west anymore, and Circuit Judges in Territories are no longer necessary because State and Federal jurisdiction extends throughout the CONUS (military term for CONtinetnal US).
But my reason for agreeing with the second ruling is not the same as cited. I think one person should not bear the reponsibility of a state-mandated execution alone. It should be shared and debated among several citizens, like a jury, to help ensure a full consideration for such an irreversible punishment.
The other point is a technical one. The single jusdge thing is a red herring, because a DP is always subject to an automatic appeal, which means the one judge is not actually acting alone. But I stilll don't mind having it in the hands of a competant jury.
I am an advocate of the DP, for reasons stated last fall. Moreover, I am an advocate of greatly extending the DP, and applying it to almost all killers, serial killers, traitors to America, terrorists, multiple violent offenders (serial rapists, child molesters, drug distributers, etc.). Our prisons could and should be reduced to containing almost no violent criminals, and instead devoted to CEOs, "regular" nonviolent offenders, white collar criminals, etc. Violent criinals should not be given a lifetime of free medical, dental, recreational, dining, etc. benefits. Most criminals in America live better than 70% of the people in the world. Further, criminals get better health care than many WW II veterans and their surviving spouses.
My own opinion, in summary: The DP needs to be applied vigorously, and with emphasis to the defendant's Constitutional right to a fair and speedy trial (not the usual 8 to 20 year delay, but more like 2 or 3), and the prisons cleaned out of violent criminals. This does not mean execute all of them... it means reform those that can be reformed, and release them... any sort of subsequent felony conviction would result in a mandatory and speedy execution, not return to a life in prison at taxpayer expense. Some criminals will, due to circumstances, be kept in a tiny handful of prisons... but the vast majority of prisons will have bedspace available as time goes by.
Thank you, VoodooAce
