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For the states that have the death penalty.........

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  • #16
    Originally posted by wyofirebirdbaby View Post
    For those states that have the death penalty and the criminals sentenced to death,why isn't it used more often? Here in Wyoming,it's been 13 years since the death penalty has been enforced with only 30 total enforcements since having the death penalty.
    I can't speak for the specifics in Wyoming but I can supply some answers from my perspective in Pennsylvania. In this state the problem is the Federal Courts. After a defendant is convicted and sentenced to death PA has an automatic and limited appeals process. Once that is done death penalty groups usually take over the appeals process. Thanks to the extremely liberal judges in the 3rd Circuit Court of Appeals only three executions have taken place in PA since the death penalty was reinstated. In all three of those cases the inmate had to sue the anti-death penalty groups to stop them from filling appeals on the inmates behalf.

    Why sentence someone to death if they very seldom get put to death?
    May as well just sentence them to life in prison with no chance for parole.
    I once posed that very question to my county's district attorney. He told me that even though there was very little chance of a defendant being executed that the real value in obtaining a death sentence is that there is even less possibility that the defendant would ever be released. In PA there is no parole for life inprisonment, however the Governor has the power of clemency. Given political realities it is extremely unlikely that any PA Governor would go further than commute a death sentence to life inprisionment.

    Is it the judges in those states that decide or is it the juries or both? Isn't it lawyers who do all the appeals? But then a judge decides on those appeals,right? So I see what you mean then! How stupid!
    The death penalty must be imposed by a jury. Laywers prepare, file and argue appeals. Judges rule on them. Appeals can be made before both state and Federal Courts. The usual route is that appeals start in state courts and once those are exhausted then the appeals move into the Federal system. Which ever side loses the appeal they then usually appeal that court's ruling to the next higher level until it gets to the US Supreme Court. If the state loses it's done. If the defendant loses his lawyers try to find a new issue for appeal. Since there are all kinds of groups that pay for death penalty appeals there is no downside for an inmate to keep on fighting his conviction.

    So who does a stay of execution? The govenor?
    The Governor can but so can any court in the system that accepts an appeal. When a governor stays an order of execution its called a reprieve. A court ordered stay of execution runs until that appeal is exhausted even if the appeal takes years working its way through the system. A Governor can interfere with death penalties in two ways. Only the Governor of a state can sign death warrants (the legal document that actually orders that the execution be carried out.) If a Governor refuses to sign any or all death warrants pending there is no power on earth that can compel him to. The other way is through his power of clemency which includes commutaion or pardon. Commutation is the power to reduce a sentence if the Governor believes sentence imposed is unjustifiably harsh. A pardon is a "forgiveness of the crime" and immediately frees the inmate. Governors can only exercise these powers for state crimes committed in their jurisdiction. The President has the power of clemency over federal and only federal offenses. George Washington was the first president to exercise that power by granting pardons to the leaders of the Whiskey Rebellion.
    Last edited by PABear31; 03-25-2011, 03:59 PM.
    When Society makes war on its police, it better be prepared to make friends of its criminals.

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    • #17
      Hokie, If you are using Timothy McVeigh as an example of Oklahoma's willingness to exercise the death penalty then look a little deeper. McVeigh was tried, convicted and executed by the Federal government. The feds had no jurisdiction over 160 of the 168 deaths that the bombing caused. Oklahoma wisely decided not to prosecute him for the state crimes so as not to delay the imposition of the federal sentence. He was executed in the federal prison in Terra Haute, Indiana. I'm not knocking OK. I just think it's fair to give the federal justice system credit when they do something right.
      When Society makes war on its police, it better be prepared to make friends of its criminals.

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      • #18
        Originally posted by PABear31 View Post
        Hokie, If you are using Timothy McVeigh as an example of Oklahoma's willingness to exercise the death penalty then look a little deeper. McVeigh was tried, convicted and executed by the Federal government. The feds had no jurisdiction over 160 of the 168 deaths that the bombing caused. Oklahoma wisely decided not to prosecute him for the state crimes so as not to delay the imposition of the federal sentence. He was executed in the federal prison in Terra Haute, Indiana. I'm not knocking OK. I just think it's fair to give the federal justice system credit when they do something right.
        Actually I think Hokie was just answering the quesiton about any "famous" killers that were executed........................

        Your reasoning in the other post is pretty much global for the jurisdictions that have a death penalty in the USA.
        Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

        My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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        • #19
          When a person gets sentenced to death in the state of Alabama, they are automatically granted an appeal from the next highest court, plus a federal appeal. The U.S. Supreme Court has deemed that execution is Constitutional, but the courts still want to cover all of their bases that a person sentenced to death actually committed the crime that they are sentenced for. Currently in Arkansas, I think, there is a man who has been on death row for 26 years, based on slightly better than circumstantial evidence, while a local attorney knows who actually committed the murder this man in incarcerated for. Believe it or not, sometimes juries get it wrong. The problem is that any person on a capital murder case is going into the courtroom wanting to convict, regardless of the evidence. Someone has to convince them that the person they are trying is actually innocent.
          http://militarysignatures.com/signatures/member306.png

          Some people are like slinkies. They serve no real purpose in life, but they make you smile when you push them down the stairs. -Unknown

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          • #20
            This subject came up recently in my local forum, and the issue of executing innocents was raised. I said I would trade increased requirements for proof in death penalty cases such as confession/video/DNA, for a fast track in such cases. Those animals in CT, for instance, who killed the mother and daughters after raping the mom and the 12 year old? Those two should be put down right away. and yes, I would trigger the injection, pull the handle, whichever. They have forfeited the right to breathe the same air humans breathe. We have video, or DNA, or your confession, one appeal, then your done, have a seat in the chair.

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            • #21
              Originally posted by Iowa #1603 View Post
              Actually I think Hokie was just answering the quesiton about any "famous" killers that were executed........................

              Your reasoning in the other post is pretty much global for the jurisdictions that have a death penalty in the USA.
              I was trying to answer both. I was only 13 or 14 when he was executed. I didn't realize that he was charged by the federal government. I just remembered all the news coverage the day he was executed.

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              • #22
                For the OP.....

                http://www.deathpenaltyinfo.org/methods-execution

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                • #23
                  [QUOTE=HeadDoc;2695234Sure, it's expensive, but we're a rich country.[/QUOTE]

                  Come again?

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                  • #24
                    Originally posted by wyofirebirdbaby View Post
                    Why sentence someone to death if they very seldom get put to death?

                    May as well just sentence them to life in prison with no chance for parole.
                    There's a lot of "life w/ no parole" prisoners that took a plea to spare them the death penalty. All those pleas go away when the worst punishment is life. It will push everything down because while the death penalty is expensive in appeals court, it frees up trial court because criminals accept "life" as a reprieve.

                    Think of all those "life w/ no parole" prisoners being dropped down to 20 years because we can't afford the trials. We won't add more trial courts so the only choice is to offer better plea deals. The death penalty makes it easier to get criminals to accept harsher punishments.
                    "Did that hurt? It looked like it hurt"

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                    • #25
                      Personally, I not only support the death penalty but also think it should be swift. Perhaps we should consider revising law to deny appeals for prisoners who are PROVEN guilty. I also think the death penalty should be enforced on men who hit women or children, rapists, pedophiles, murderers, and thieves. What I don't get is why do we use electric chairs, lethal injections, or gas? Hell a firing squad doesn't even make sense. Isn't rope a lot cheaper being that it's reusable? I think public hangings would deter a lot of crime as well. Hell screw the rope, I'm sure crucifixions would be scarier and nails are also reusable. If Jesus Christ was crucified, then why do these people deserve better? Why should we have to pay for the room and board of a pedophile? Are there really MORE human rights activists that support feeding child rapists and putting a roof over their heads than people who realize there's nothing human about them and they don't deserve any rights? When did people lose their backbone? If sympathizers are truly in the majority in this country, then maybe I should consider moving. What would Jesus do? I think he'd have them all burned for eternity personally....

                      It seems to me that human rights activists in this case care more about the rights of people who appear to be human but have proven otherwise through their actions than they do about protecting the rights of humans who deserve security, safety, and justice.

                      Give plea deals to cases that can't be proven.
                      Last edited by D1RTYL0G1C; 04-11-2011, 04:32 AM.

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                      • #26
                        Originally posted by D1RTYL0G1C View Post
                        Your post .
                        You do realize what you are posting could bite you in the ***....since you have been arrested a time or two....

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                        • #27
                          A couple of points: our judicial system works rather well, punishments meted out in our system are just that, they are not intended to act as deterents. I realize that many of you will not appreciate this, but a major problem with death penalty cases is the lack of resources provided to defendants facing that penalty. The governmemt will use its almost unlimited resources while the defense will often be barely funded. If society is going to take someone's life, society should insure that the subject has the ability to mount a defense appropriate to the crime.

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                          • #28
                            Originally posted by D1RTYL0G1C View Post
                            Personally, I not only support the death penalty but also think it should be swift. Perhaps we should consider revising law to deny appeals for prisoners who are PROVEN guilty. I also think the death penalty should be enforced on men who hit women or children, rapists, pedophiles, murderers, and thieves. What I don't get is why do we use electric chairs, lethal injections, or gas? Hell a firing squad doesn't even make sense. Isn't rope a lot cheaper being that it's reusable? I think public hangings would deter a lot of crime as well. Hell screw the rope, I'm sure crucifixions would be scarier and nails are also reusable. If Jesus Christ was crucified, then why do these people deserve better? Why should we have to pay for the room and board of a pedophile? Are there really MORE human rights activists that support feeding child rapists and putting a roof over their heads than people who realize there's nothing human about them and they don't deserve any rights? When did people lose their backbone? If sympathizers are truly in the majority in this country, then maybe I should consider moving. What would Jesus do? I think he'd have them all burned for eternity personally....

                            It seems to me that human rights activists in this case care more about the rights of people who appear to be human but have proven otherwise through their actions than they do about protecting the rights of humans who deserve security, safety, and justice.

                            Give plea deals to cases that can't be proven.
                            Huh?????

                            You were just discussing your faith in Jesus and God, etc...now you're pushing for the death penalty?
                            Yeah. That would go poorly. Like, on the Scale of Fail, somewhere between "Titanic" and "Chernobyl."
                            --Squirrel

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                            • #29
                              Originally posted by anachranerd View Post
                              Huh?????

                              You were just discussing your faith in Jesus and God, etc...now you're pushing for the death penalty?
                              Are you suggesting that God loves pedophiles and murderers and we should feed them and give them a place to stay? I hope you didn't learn that from your preacher because I don't remember Jesus ever saying a damn word remotely close to that in any version of the Bible I've read.

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                              • #30
                                Originally posted by Bearcat357 View Post
                                You do realize what you are posting could bite you in the ***....since you have been arrested a time or two....
                                Why would I worry? I don't fall into any of those categories for one plus I don't plan on staying in this area much longer anyway. I'm sure there is far less corruption in other states where officers actually obey the law instead of me having to get an apology from a prosecutor for his officers "being confused". I'm sorry, but this time they f'd up by not coercing me to plead guilty to something I didn't do yet again, and I plan on suing the shi** out of them for it. Maybe if people weren't so damn paranoid about CCTV, things like this wouldn't happen. In my opinion, the only people that should be paranoid about CCTV are criminals both in and out of uniforms.

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