- My First Night on Death Row as an Innocent Man
- A rush to death risks executing the innocent [Opinion] - chandcobbfronopan.tk
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Mahmood Hussein Mattan was convicted in and was the last person to be hanged in Cardiff , Wales, but had his conviction quashed in George Kelly was hanged at Liverpool in , but had his conviction quashed by the Court of Appeal in June Colin Campbell Ross — was an Australian wine-bar owner executed for the murder of a child which became known as The Gun Alley Murder , despite there being evidence that he was innocent.
Following his execution, efforts were made to clear his name, and in the s old evidence was re-examined with modern forensic techniques which supported the view that Ross was innocent. In an appeal for mercy was made to Victoria's Chief Justice and on 27 May the Victorian government pardoned Ross in what is believed to be an Australian legal first. There has been much debate about the justification of imposing capital punishment on individuals who have been diagnosed with mental retardation. Some have argued that the execution of people with mental retardation constitutes cruel and unusual punishment as it pertains to the Eighth Amendment to the United States Constitution.
Supreme Court interpreted cruel and unusual punishment to include those that fail to take into account the defendant's degree of criminal culpability, [ clarification needed ] it did not determine that executing the mentally retarded constitutes cruel and unusual punishment until In , a US Supreme Court decision ruled that it is unconstitutional to execute someone who does not understand the reason for or the reality of his or her punishment, this decision was upheld in a decision.
Despite the supreme court decision, Texas did not implement legislation for this until There have been at least 25 individuals with documented diagnoses of paranoid schizophrenia, bipolar disorder, and other severe persistent mental illnesses executed in the state of Texas, despite them seeking treatment before the commission of their crimes, but were denied care. This issue was first addressed in the case of Penry v. Lynaugh , in which Johnny Paul Penry had filed a habeas corpus petition in federal district court that claimed his death sentence should be vacated because it violated his Eighth Amendment rights.
His reasoning was that he suffered from mental retardation, and numerous psychologists had confirmed this to be factual, indicating that his IQ ranged from 50 to 63 and that he possessed the mental abilities of a six-and-a-half-year-old.
Penry would later appeal to the Supreme Court, who ultimately ruled in a five-to-four decision that the Eighth Amendment to the United States Constitution did not categorically prohibit the execution of persons with mental retardation. Following the Penry ruling, sixteen states as well as the federal government passed legislation that banned the execution of offenders with mental retardation. Penry was overruled in by Atkins v. Virginia , which held that the Eighth Amendment's ban on cruel and unusual punishment precluded the execution of the mentally handicapped, but the Supreme Court left the definition of mentally handicapped as something to be determined by the states.
In , the Supreme Court ruled in Hall v. Florida that states cannot rely solely on an IQ test in determining whether a borderline mentally handicapped person can be executed. Judicial murder is the unjustified use of capital punishment. The Oxford English Dictionary describes it as "death inflicted by process of law, capital punishment, esp. An early case in which charges of judicial murder were raised was the Amboyna massacre in , which caused a legal dispute between the English and Dutch governments over the conduct of a court in the Dutch East Indies that had ordered the execution of ten English men accused of treason.
The dispute centered around differing interpretations of the legal jurisdiction of the court in question. The English believed that this court had not been competent to try and execute these EIC members, and so believed the executions to have been fundamentally illegal, thus constituting "judicial murder".
The Dutch, on the other hand, believed the court to have been fundamentally competent, and wished to focus instead on misconduct of the particular judges in the court. Another early use of the term occurs in Northleigh's Natural Allegiance of ; "He would willingly make this Proceeding against the Knight but a sort of Judicial Murder". In Voltaire used the comparable term of assassins juridiques "judicial murderers". In a footnote, he explains the term as.
My First Night on Death Row as an Innocent Man
In , the term is also used by Justice Sutherland in Powell v. Alabama when establishing the right to a court-appointed attorney in all capital cases:. Let us suppose the extreme case of a prisoner charged with a capital offense who is deaf and dumb, illiterate and feeble minded, unable to employ counsel, with the whole power of the state arrayed against him, prosecuted by counsel for the state without assignment of counsel for his defense, tried, convicted and sentenced to death. Hermann Mostar defends the extension of the term to un-premeditated miscarriages of justice where an innocent suffers the death penalty.
From Wikipedia, the free encyclopedia. See also: List of wrongful convictions in the United States. Main article: List of exonerated death row inmates. Archived from the original on Retrieved South China Morning Post. Retrieved 19 August The Irish Times. Irish Examiner. BBC Asia-Pacific.
The Guardian. Retrieved 2 September To Encourage The Others. New York: Bantam Books. October 15, Huffington Post. At the conference, Ogg acknowledged the discontent from the police union and said before the findings were released that she knew there were those who would disagree with them.
A rush to death risks executing the innocent [Opinion] - chandcobbfronopan.tk
Raley said at the conference that his team spent more than 1, hours investigating and compiling his nearly page report on Brown's case. His report also recommended further investigation of Dan Rizzo, the trial prosecutor in Brown's case who failed to turn over the phone records that led to his ultimate release from prison.
The failure to turn over the phone records was said to be "inadvertent," but Ogg asked the state bar to investigate Rizzo last year after unearthing an email that showed he was told about the corroborating phone records before Brown's trial.
We are saying that we are taking your life because you are so horrible for taking someone elses life. That to me sounds like a hypocrite! How are we any better for that. Just because someone thinks its ok does not mean that it is. I believe if you put someone to death you are just as bad as the person who committed the crime.
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The real punishment, is for that person to rot in prison for the rest of their pathetic live. No punishment could be greater. Honestly, if someone has 2 spend their life in prison with no chance of getting out, the death penalty for them is something the will probably look forward to, its an easy way out. The problem with this argument is that many killers come to enjoy prison and rather enjoy it.
Drugs, sex, entertainment, TV, movies, etc. I didn't say God was speaking to governments. God just gives governments the power to judge. That doesn't mean that governments have a liscence to do what they want. There are verses in the Bible that tell us that God choses every ruler of every country and that God controls the hearts of all rulers.
I don't have blind faith.
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I realize that there are many unethical things going around in the world. Regarding the death penalty. I strongly believe that not enough murders are getting the death penalty.
All this politically correct crap is one of the many things that is destroying America. Rulers are to make decisions as a whole not to be any man's judge.
God says he is the one and only judge. I still think the death penalty is a good idea. Unfortunately nothing is perfect, so there will be mistakes, but over all the system works. All, or nearly all of those have lower murder rates than the US does, too. But then, that is true of most countries anyway. Philip - It was nice of god to speak directly to governments and have people put to death.
I wonder does he speak to the President, King, Emperor, or maybe your state sentator or maybe even your mayor. I guess that is what the government in Germany was doing. Following gods orders. More to your point. I think it is a scary thought for someone to have such blind faith in our government. I never said that because it our judicial is better, it is ok to kill innocent people.
It is wrong and a mistake. Some just think they were. And they are entitled to their oppinion. I believe percent in the Bible, and God institiuted government. God told governments to give the death penalty for certain offenses. If I intentionally kill someone then I deserve death.