Fixing Death Row: Not a joke or forum game - Page 2
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Old 06-25-2010, 03:48 AM   #11
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Would the Retrial violate that whole "double jeopardy" thing?
I don't think so because they have already been convicted. Double Jeopardy is only a factor if the charges are dismissed or the defendant is found not guilty.
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Old 06-25-2010, 04:35 AM   #12
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DNA evidence, video evidence or confession get you to the front of the line.

Any extraordinary event ( say, running through an Army post, blasting away, with 100+ witnesses, all unrelated, and all who can positively ID you), is given to a jury. If guilty is pronounced, you have a week.

Any attempt to commit a terrorist attack, successful or not, also gets you there.

The "Cruel and Unusual" clause is gone. A judge assigns one of 3 levels, based on the nature of the crime.

Level 3- Decapitation

Level 2- Firing squad, in conjunction with ballistic testing.

Level 1- The South African Apartheid era "necklace", a tire is placed around your neck, filled with gas, and set ablaze.

Rape- If convicted, and concluded beyond any reasonable doubt, victim's choice, up to, and including, death.

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Old 06-25-2010, 09:40 AM   #13
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I don't think so because they have already been convicted. Double Jeopardy is only a factor if the charges are dismissed or the defendant is found not guilty.
That is exactly correct! If found not guilty then you can not be retried for the same crime.
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Old 06-25-2010, 02:47 PM   #14
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That is exactly correct! If found not guilty then you can not be retried for the same crime.
I believe that is correct UNLESS there is new evidence introduced that changes the classification of the charges. From Violation of Civil Rights to Murder, or Attempted Murder to Murder for example. We had a case here in Washington State that was a big because it was bordering on "Double Jeopardy" but it finally went through on the second trial.

I like the suggestions so far, but we need to keep in mind that there is a possibility for false accusations. I don't think (2) eyewitnesses is enough to go straight to the firing squad.

Now, if you have 100+ as Benning has indicated, I think we can PROBABLY assume they are not all working together in some master plot to screw over that guy.
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Old 06-25-2010, 04:22 PM   #15
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Nice thread - I like it!

A few thought to add:

1. The "insanity" defense is not a defense. Being insane does not absolve you of guilt or assuage the victim(s) or survivors of the victim(s).

2. Mechanisms commonly used by death-row inmates to incur delays such as hiring a lawyer, working with him or her for a year or two, then firing them right before a court date and scoring another year or two delay to bring the new lawyer up to speed are crap and must be disallowed. Unless there is physical evidence (eg: paperwork, video/audio recordings) showing an attorney is working against his/her client, or unless a credible third party witnesses an attorney doing that, the attorney cannot be fired.

3. Any violent felony case, including murder, rape, arson, robbery and child abuse/molestation, are automatically capital offenses. Some non-violent felonies which result in the victim losing the ability to continue working (i.e. defamation of character which results in dismissal of his/her position and the inability to get rehired in a similar capacity, destruction of electronic data which results in a business going under, blinding or other mutilation that does not result in death but does result in the victim not being able to continue his profession, etc.) are capital offenses.

4. Only in cases where there is video and audio evidence, conclusive DNA or fingerprint evidence, or multiple credible witnesses (that is, not fellow or rival gang members, but upstanding, productive members of society) may the death penalty be applied. Circumstantial evidence is insufficient to condemn someone to death.

5. The methods of execution will be hanging or drowning. Ropes and water can be re-used. All other methods require needless taxpayer expenditure.

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Old 06-25-2010, 05:20 PM   #16
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5. The methods of execution will be hanging or drowning. Ropes and water can be re-used. All other methods require needless taxpayer expenditure.
I say firing squad and I'm sure they can get volunteers to donate bullets!

Frivolous lawsuits are to be eliminated. no more lawsuits because his socks were scratchy, or his oatmeal was cold. This is merely a delay tactic.

After arraignment all cases will go to trial within 6 months, stall tactics in the courtroom wont be tolerated.

If convicted, appeals are presented within 30 days, as JD proposed, in another town, unrelated to the origional conviction.

If found guilty again, execution is carried out within 10 days. Hanging or firing squad, those are the choices.

Executions are televised to remind other dumb-a$$es the cost of their actions.

Organs will be donated for transplant.

This is a good thread, Gives me an idea for another.
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Old 06-25-2010, 05:32 PM   #17
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Here is mine.

1. you have a maximum of 1 year to file 3 appeals.
2. After 3 appeals or 1 year you will be executed within 72 hours.
3. You may choose how you die.
a. electric chair
b. lethal injection
c. organ transplant
4. To qualify for organ transplant you must be tested clean of all drugs and STD and other diseases.
5. If you in any way step out of line while incarcerated you will lose one appeal per infraction.
6. If you lose all your appeals then you will be executed within 24 hours of the last infraction.
7. If you are on deathrow now you will be given 2 appeals within 1 year.
8. After 1 year or 2 appeals you will be executed within 72 hours.
9. If you chose organ transplant you will be tested and all usable organs will be used from your body at one time. You will be feed a proper diet and have monthly medical check ups. You will also be placed on a regimented exercise schedule. If you fail 2 check ups in a row or 3 in a year you will be taken off the organ transplant option and executed within 24 hours.

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Old 06-25-2010, 06:03 PM   #18
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I have a problem with specific timelines. Courts get backed up, you shouldn't be penalized because the state was to busy to deal with your appeal in the specified time.

Removing appeals based on behavior sounds good but if someone is being railroaded by the system what's to stop the same system from making their job easier by claiming that the guy on death row did something and now he loses an appeal.

Appeals for death row cases should be taken to the second highest court in the state on first appeal. Highest court in the state on the next appeal and the SCOTUS is always an option should they choose to take the final appeal. No reason to waste everyone's time when everyone involved know the appeals are going to end up at the top in the long run.

If the convicted waives the appeal process, give them 24 hours and bring in an independent third party and video tape them declining the appeals process. After that the sentence should be carried out as soon as is convenient for the state. No need to make guards work overtime to meet a deadline.

If any appeal is taking longer than 1 year due to the fault of the state or federal government, a fine of $1,000 per day should be taken from the offending court and paid directly to the victims family or to a general victims fund.

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Old 06-25-2010, 06:18 PM   #19
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Let's just go ahead & fix all future crime by arming the populance. Maybe we can add a law that says "Wounded people who are guilty of a Class One Felony at the time of wounding may Not receive medical care." Bet a lot of taxpayer money could be saved!

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Old 06-25-2010, 07:18 PM   #20
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You see by making all the appeals in a specific amount of time you will greatly speed up the process of the court system. there should be no such thing as a 8 or 9 week long trial. You get 3 days thats it if you can't put the FACTS out in that amount of time then piss off. There should be none of this BS about twisting statements. Facts only used in court. I don't care if a police officer that wrote the report has an STD from banging some hooker while on duty. Stick to the facts.


Appeals for death row cases should be taken to the second highest court in the state on first appeal. Highest court in the state on the next appeal and the SCOTUS is always an option should they choose to take the final appeal. No reason to waste everyone's time when everyone involved know the appeals are going to end up at the top in the long run.


Why? there is no need for all that. Your just going to slow down the process.

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