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Dillinger 06-24-2010 07:55 PM

Fixing Death Row: Not a joke or forum game
 
So, Tango got me thinking in another thread about the Death Row Sentence and how incredibly LONG we end up housing, feeding and “caring” for those sentenced there.

No, no offense to Barry Scheck, I am sure he is trying to buy his way into Heaven after the OJ fiasco, but his Justice League or whatever the hell it’s called is part of the problem. As is the ACLU, which was so perfectly described by Dennis Leary as not having A-C-L-U-E. :D

So, our mission statement here Members of the Finest Gun Forum on the Interwebz, is to solve this issue once and for all. We must propose a change that is still in line with a possibly “wrongfully” convicted persons chance to gain justice, but we must keep in mind that somewhere a family, or families, are mourning whatever act brought this conviction. There must be balance, as Lady Justice indicates, so it must be fair and we must not lose sight of “What If”.

As in WHAT IF it were me being the railroaded?

I propose the start of our overhaul of Death Row as such:

Any inmate who is currently on Death Row having served more than 10 years, OR has had AT LEAST one appeal, will have (30) working (Monday – Friday) days to present new evidence to the court in a district NOT associated with any previous action. This must be an independent review by someone with nothing to lose, politically, for overturning another judges’ ruling.
  • If no evidence is offered, of if the evidence offered is found to be just a Hail Mary attempt to stall the court, and Lady Justice, the person shall be put to death within (7) days of the ruling. Period.
  • If evidence presented proves that a mistake was made, or that new evidence does exist that is beneficial to the defendant, then the case will move to RETRIAL under the description below.
  • Should the outcome of the RETRIAL be in the Defendant’s favor, an impartial Prosecuting Attorney has the right to re-file charges, but in the meantime the defendant is free to go.
Any inmate currently on Death Row with less than 10 years served, and has NOT had AT LEAST one appeal, will IMMEDIATELY be eligible for RETRIAL under the description below.
  • Should the outcome of the RETRIAL be the same, then the person shall be put to death within (7) days of the ruling. Period.
  • Should the outcome of the RETRIAL be in the Defendant’s favor, an impartial Prosecuting Attorney has the right to re-file charges, but in the meantime the defendant is free to go.

Dillinger 06-24-2010 07:56 PM

Any inmate currently serving a DEATH ROW sentence, but is named as a Defendant in any other DEATH ROW case SHALL NOT be excluded because of the time line of the second case. Once convicted of (1) DEATH ROW sentence, they are immediately eligible for RETRIAL as described below.
  • Should the outcome of the RETRIAL be the same, then the person shall be put to death within (7) days of the ruling. Period.
  • Should the outcome of the RETRIAL be in the Defendant’s favor they will immediately be reprimanded to the governing body of any other pending criminal case.

Any inmate currently incarcerated pending their FIRST DEATH PENALTY trial shall be unaffected by this new overhaul of the system outside of the timelines that will be described below. This is still a country of innocent until proven guilty and we do not rush to judgment merely because we can.



RETRIAL:

The common problem with the SECOND or subsequent trials of someone from DEATH ROW is that they always seem to take place within the same community where the first conviction was obtained. While in theory this seems to make sense, I believe it actually helps the Liberals keep these douche bags alive longer. Judge number 2 will not reverse Judge number 1 because they golf together and are good old boys, so obviously this MUST be taken to the Supreme Court, where the backlog is another dozen years to be heard.

Bullsh*t!!

Dillinger 06-24-2010 07:56 PM

Here is what I propose. Criminal is convicted in Boston (because lets face it those people are just criminal in their love for that stupid baseball team of theirs :D). Criminal is sentenced to death.

Criminal’s Attorney (public or private) is now BOUND by LAW under the BAR that holds their license to this case, with caveats*

The case is then transferred to a city in another state. A lottery can be worked out, or a city by city trade program, but either way, the second trial takes place in a locale that has NOTHING to do with the first trial. No one owes anyone a favor, no one is a grandson of a former this or niece to a former that of the first trial. This is a NEW second trial.

*Prosecutor from the first trial meets with and advises new prosecutor. Defense Counsel either re-defends client or meets with and officially hands off defense to local defense counsel as approved by the court.

Wait: This is going to cost too much money! Is it? What if you HAVE to do this as part of holding a license under ANY BAR, in any state? No town takes 200% more cases than they give up. No town is asked to take EVERY trial, nor are there any government kick backs to taking extra trials. This becomes a very Quid Pro Quo way of doing second trials.

Second trial takes place within (12) months of the first trial. If the first city chosen can not meet that trial date, another venue is chosen, but the Right to a Speedy Trial SHALL NOT be waved. There is too much of that and it’s leading to billions of tax dollars being wasted on housing those that have been charged and/or convicted.

Thoughts?

orangello 06-24-2010 07:59 PM

Would the Retrial violate that whole "double jeopardy" thing?


As an aside, a reporter relative of mine recently did an article on some guy who has had MULTIPLE mistrials for a multiple murder & has been in jail over 10 years waiting for the courts to finish. I believe the loser was convicted on his most recent trip to court. (will look for link) http://en.wikipedia.org/wiki/Curtis_Flowers The reporter relative's writing is supposed to appear in a magazine called Reason, but i couldn't find the article.

Dillinger 06-24-2010 08:03 PM

Quote:

Originally Posted by orangello (Post 305563)
Would the Retrial violate that whole "double jeopardy" thing?

Interesting, but I fear that is only phrasing. The "SECOND TRIAL" will be by request of the defense. If the convicted is willing to go with the first decision and be executed, there is no need for RETRIAL.

If the person is found not guilty and is let free to go, the independent prosecutor must be able to show new evidence as would be the case normally.

So, replace my wording as RETRIAL UNDER APPEAL and we should be square. Good catch. ;)

canebrake 06-24-2010 08:19 PM

I want to go on record as being against "Capital Punishment" and we should do away with "Death Row."

The whole "Death Row" process is simply wasteful and should go green.

"Death Row" should be renamed "Spare Parts" and run for-profit by Pep Boys!

bigbad-ratman 06-24-2010 08:33 PM

While we are at it, I think we should do away with "Life in prison without the possibility of parole." I think that is more of a drain on the system than deathrow. You are guilty enough to have to serve 350 years consecutively, elligible for parole in 150 years with good behavior? Here, we have a little something for you.

WDB 06-25-2010 03:20 AM

JD I like the direction you suggest. To streamline the process how about anyone sentenced to death a second trial is automatic with in 12 months in a differerent county or state. All of the information from the first trial is used. If found guilty the second time the sentence is carried out in 48 hours. I would also add no plea deals for telling where the body is or providing details. Possibly a choice of how you wish to go if you provide the information or an extra week to make things right before you leave this world. If no cooperation then state choice how to put you down.

After the 2nd conviction, the excuition should be available on PPV and tickets sold to view the excuition in person at the local sports arena. The money goes to the family of the victum and law enforcement. Something good should come from the bad.

Glasshartt 06-25-2010 03:26 AM

Quote:

Originally Posted by Dillinger (Post 305561)
Criminal is convicted in Boston (because lets face it those people are just criminal in their love for that stupid baseball team of theirs :D).

watch out JD :eek:

dunerunner 06-25-2010 03:35 AM

Option 1

If you commit a capitol crime where the death penalty applies and two credible witnesses testify that they saw you do it, then 13 days (I just like the number) following your conviction, you are put to death. The method of execution shall be the convicts choice of hanging, firing squad or the most expeditious method currently employed by the State in which the crime was committed.

Option 2

For those who are convicted by a preponderance of physical evidence, which may or may not include DNA, in a capitol crime where the death penalty applies you will be put to death 26 days following your conviction with one appeal which may be presented to the court within the first 13 days following conviction. Your appeal must bring new evidence to light which may reveal your innocence in the case. If your appeal is unsuccessful, refer to Option 1.


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