Showing posts with label death penalty. Show all posts
Showing posts with label death penalty. Show all posts

6/14/2012

MEDIA TRASH NOVELS COME TO LIFE


Some bumbling jury pools
By Victor M Adamus


In the 1995 trial of O J Simpson, pitched as the trial of the century, countless TV viewers became trial junkies with the majority deciding that the mountain of evidence against Simpson would surely bring a guilty verdict and the prosecution would have made murder one stick, Simpson would have taken a seat on death row.  However, the jury brought in a verdict of “not guilty” shocking the world viewers but answered the question that none of the jurors wanted to fry a hometown hero.


Caylee Anthony
In a more recent trial here in Florida of the death of 3 year old Caylee Anthony, the prosecution went for murder one, seeking to prove that Casey Anthony, the mom, was the only suspect who could have murdered her child.  The defense brought in enough theories to the contrary, based on state’s evidence, that confused the jury and caused them to render a “not guilty” verdict.  It was a trial junkies dream with the wrong ending. 

Scott Peterson who held the media’s attention unfolding what was termed “the perfect marriage” to Laci who was pregnant with their first child Conner was convicted of murdering Laci and their unborn child and since 2005 sits on death row in San Quentin State Prison maintaining his innocence.  The fetus of baby Conner washed ashore from the San Francisco Bay, the same fishing area Peterson was seen on the day his wife disappeared in 2003.  Finally, for TV trial junkies, the jury got it right.

These three examples and there are hundreds to choose from question the integrity of the Justice System most importantly with the latest in DNA and other specific chemistry, including tests that can pinpoint the time of death of the victim, are worthless if the jury doesn’t see the significance of the tests or understand the Judges orders.  A popular football star, announcer and contributor to the local community, can get a pass from his hometown jury pool just because of his fame and fortune. 

Although scholars will write volumes of the Justice System being the most balanced of any country in the world, ignoring evidence by a jury makes it highly debatable.  Even when a jury is composed from out of town jury pools, and even if the evidence points to only one person who had the care of her child, the last person to see her alive, the theories offered can offset “beyond a reasonable doubt” if, in fact, there was opportunity for a different scenario left unexplained by the prosecution.  But for the heightened interest of millions of viewers it reminds me of your classic nosey neighbor multiplied by millions. 
O J Simpson’s surreal Bronco ride on the day of his arrest was witnessed live on TV by millions of viewers worldwide. If you were old enough to have viewed it, it was the slowest police chase in history and perhaps the beginning of the trial junky syndrome that has people hanging on every word during a high profile trial.  It makes me wonder why judges allow the cameras in the courtroom.




6/12/2012

A FAILING JUSTICE SYSTEM


“If I were not innocent of this crime,
I would have to be insane
to request DNA fingerprinting”.

By Victor M Adamus



When I lived in Virginia a case that made a mockery of the Justice System and what the Constitution views as “cruel and unusual punishment” was the callous moment when the State denied a condemned prisoner on death row the chance to prove his innocence with a DNA test.  The trial of career criminal, Joseph O’Dell, held the local media attention and prior to his execution even made CNN news and the nightly news.  He was convicted of rape and murder in 1986.

He was arrested in a bar fight and held without bond because tire tracks found were “similar” to the tread on his truck.  Bloodstains on his jacket did not match that of victims so testimony of a jailhouse informant and one dubious witness who reasserted his testimony then recanted it was enough  to prove beyond a reasonable doubt to a jury that he had committed the murder.  The blood stains were actually determined to be “inconclusive”.  This was an age of DNA where States using it had let 114 death row inmates off or released because the evidence, if introduced in court at the time of their trial, would have drastically changed the outcome.


But for O’Dell the Appeal court denied his request to have the semen tested.  He was executed, killed by the state, in 1997.  And his story doesn’t end here with him dying.

The Catholic Church and O’Dell’s widow asked a judge to release the jacket into their custody so they could pay an independent lab to test the DNA.  The prosecution argued that O’Dell had stolen the jacket and it wasn’t rightfully his to give to the family.  Not only did the judge decline to release the semen on the jacket or the jacket itself he gave the prosecution permission to burn the evidence.  Talk  about “case closed”.  To reporters in the media it looked like the State was running from the bear.  Hiding a possible truth after the death of what could have been another innocent victim of the system put to death with no recourse by the family for closure. 

The entire case was one of arrogance.  What today would be unacceptable from the get go. 

Americans have always had pride in our system of justice.  The advent of DNA and other types of chemical evaluation of materials has changed the course of presenting evidence in courts everywhere throughout the land.

But if the judge had only listened to O’Dell “If I were not innocent of this crime, I would have to be insane to request DNA fingerprinting” O’Dell could have been a free man today. 

6/11/2012

CAPITAL PUNISHMENT

Gas Chamber method of execution . . .

“Man is but half a God,
he can take a life but
he cannot create one.” 
Alex Hutchins circa the 60’s



Capital punishment, also called death penalty, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law. The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution (even when it is upheld on appeal), because of the possibility of commutation to life imprisonment.

Lethal injection method of execution . . .

Death row signifies the place (often a section of a prison), that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution ("being on death row"), even in places where no special facility or separate unit for condemned inmates exists. After individuals are found guilty of an offense and sentenced to death, they remain on death row during appeal and habeas corpus procedures, and if those are unsuccessful, until execution. Due to the complex, expensive and time-consuming appeals procedures mandated in some jurisdictions, e.g. the United States, before an execution can be carried out, prisoners may wait years before execution; the time between sentencing and execution has increased relatively steadily between 1977 and 2010, including a 22% jump between 1989 and 1990 and a similar jump between 2008 and 2009. In 2010, a death row inmate waited an average of 178 months (or close to 15 years) between sentencing and execution. Nearly a quarter of deaths on death row in the U.S. are due to natural causes.

According to the ACLU (American Civil Liberties Union), “the death penalty is discriminatory and arbitrary and inherently violates the Constitutional ban against cruel and unusual punishment.”  The ACLU goes on to say that it “opposes the death penalty in all circumstances, and looks forward to the day when the United States joins the majority of nations that abolish it.”

Animal method of execution . . .

Death Penalty Myths
Myth #1: The death penalty is not a deterrent to murder.
Myth #2: The death penalty is not reserved for the worst criminals regardless of their race or class.
Myth #3: Victims’ families do not all want the death penalty.
Myth #4: The Bible does not call for the death sentence when it says “an eye for an eye, tooth for a tooth.”
Myth #5: The death penalty costs more than life in prison.
Myth #6: Executions are not common throughout the world.

Electrocution method of execution . . .

Global Methods of Execution  
***Gas

***Execution methods used in US

I find it curiously interesting that while much has been written on the methods of execution and its pros and cons, very little has been written on the psychological state-of-mind of the executioner or its impact over time. 
Firing squad method of execution . . .

How easy or how difficult is it to watch
a man or a women being executed?

How easy or how difficult is it when it is you who has to flip the switch or push the button?

Guillotine method of execution . . .

How does the executioner feel executing
another person year after year after year?

Could a religious person be an executioner or does it take an atheist?

Hanging method of execution . . .

Is it easier to execute someone if you do not
have to watch the effects of what you are doing?

In the “ideal” Christian world, is taking another person’s life ever justified?

Draw and Quartering method of execution . . .

I remember reading years ago a study that was conducted at one of our “leading” Universities where residents of the local town were collected and one-by-one put in rooms where they were asked to turn a knob that gave currents of electricity to a person in the adjoining room (who was an actor).  Despite the cries of pain, the local resident would turn the knob to a lethal dose as long as the researcher was willing to take full responsibility for any injury to the electrocuted person in the adjoining room.
Crucifixion method of execution . . .

Conclusion:  Any average person, male or female, would reluctantly do what was done to the Jews in Nazi Germany as long as two conditions were satisfied:
  1. They did not have to witness the pain inflicted on the test subject
  2. Someone else was willing to take responsibility for their actions

But, what does this analogy have to do
with Capital Punishment in America anyway?

States with death penalty in tan . . .
click to enlarge