[Deathpenalty] death penalty news----worldwide

2017-04-04 Thread Rick Halperin






April 4




BAHAMAS:

Death Penalty Limitations


Re: 'Criminals Will Ravage Country Unless Death Penalty Enforced' (February 28)

It is absolutely mind-boggling that any reasonable person would tout 
enforcement of the death penalty as a worthwhile solution to crime.


Leaving out well-meaning considerations of ethics and religious beliefs etc, it 
has never been proven to lower crime rates significantly. Therefore, why 
continue to spout the crime-reducing benefits of a death penalty?


Reliance on the death penalty sounds like such an attractively easy and obvious 
solution. Furthermore, state-sanctioned homicide often has instant appeal to an 
apprehensive electorate (as long as it's done in private, of course). It grabs 
the imagination and fires up one's baser emotions very nicely.


But in order to improve our crime situation, we must also educate our young 
properly and use harsh approaches like tough love, community service in 
distinctive dress, curfews, aversion methods and public humiliation (such as 
caning) liberally. This should not only better their brutish lives but improve 
ours as well.


At present, far too many of our young people are actually too stupid to 
comprehend the meaning of a death penalty or any other kind of penalty - unless 
significant physical pain and/or degradation are involved (please spare me any 
references to slavery). Furthermore, the imbeciles are often so incredibly dumb 
that they frequently believe they are invincible and will not get caught. This 
lack of critical reasoning is carried over into adulthood.


On top of all that, they are too mindless to care. Many a bleeding heart will 
be shocked at terminology such as this. They might prefer to talk about 
poverty, lack of love in the home, low self esteem, culpability of the church 
and society etc. Others may even suggest formation of yet another committee to 
look into crime. Meanwhile, it's as if the Bahamian house is burning. When 
there is a fire, there is little point in discussing the problem. We have to 
put the fire out. Immediately.


It would be nice if all the aspects of crime could be handled with a simple 
solution, such as the death penalty, but unfortunately, as much as we would 
wish it to be, it simply is not the case. It never has been and never will be.


We tend to focus on homicides when talking about crime, but homicides are 
simply a final symptom of the widespread disease of lawlessness. Homicide is 
not the first and only crime performed by these dangerously silly, mental 
midgets. Homicide is frequently a result of the previous life of crime that led 
up to it. Therefore, we have to recognise the 'broken windows syndrome' as 
well.


It is now essential to make some hard, expensive efforts to guide/teach the 
rudiments of civilised behaviour forcefully to these cowardly and violent 
predators. If this also means passing appropriate laws, or an introduction of a 
mandatory National Youth Service etc, then we should do it. Also, we must stop 
overlooking crimes of friends, family, lovers and especially our professionals 
and other 'leaders'. We have to confront our failures and admit the only hope 
for our young, trigger-happy nitwits to become somewhat caring, productive 
citizens and improve their economic plight is to insist on, and enforce, 
improved academic or vocational education, as much as possible.


If a death penalty, along with praying and marching makes some people feel 
better, by all means continue. However, the limitations should be recognised.


Meanwhile, at the risk of sounding elitist, let's actually do the hard and 
costly work to do something constructive about the clear connection between 
crime and our young people's tiny, malicious, underdeveloped minds. Most of 
these young are worth salvaging. Not only is it essential for our self 
preservation but it is also our moral duty to try to do whatever is reasonable 
and necessary to accomplish that goal.


KEN W KNOWLES MD

Nassau,

March 31, 2017

(source: Bahamas Tribune)






BANGLADESH:

High Court commutes death sentences in Rakib murder


The High Court has commuted the death penalties handed to the convicts in the 
2015 murder of Rakib Hawlader, a motor workshop worker in Khulna.


On Tuesday, Justice Jahangir Hossain Selim and Justice Md Jahangir Hossain 
sentenced the 2 convicts -- Omar Sharif and Mintu Khan -- to life in prison.


They were slapped with a Tk 50,000 fine each. They have to serve 2 more years 
in jail in case of failing to hand over the money to Rakib's family.


"It has been found through evidence that the offenders tried to save the boy," 
said the court.


Both Rakib's father Nurul Alam Hawlader and the defence counsel will move to 
the Appellate Division against the verdict.


Rakib used to work at a motor workshop owned by Sharif in Khulna's Tutpara. 
Sharif and his uncle Mintu got enraged after he left the job.


On Aug 3, 2015, they inserted a high-pressure air pump nozzle 

[Deathpenalty] death penalty news----LA., ARK., ARIZ.

2017-04-04 Thread Rick Halperin






April 4




LOUISIANA:

Death penalty ban to be considered by Louisiana Legislature


3 legislators have introduced bills to abolish the death penalty in Louisiana. 
All 3 have have experience with the criminal justice system: Sen. Dan Claitor, 
R-Baton Rouge worked as a prosecutor in New Orleans, Rep. Terry Landry, D-New 
Iberia, as State Police superintendent under Gov. Mike Foster and Rep. Steven 
Pylant, R-Winnsboro as Franklin Parish sheriff.


Claitor and Landry said their views on the death penalty had changed over time. 
Claitor said his Roman Catholic faith is a major factor in why he changed his 
mind, but he is also concerned that the death penalty is expensive and not 
effective. "I definitely expect support from the Catholic Church," he said.


The Louisiana House will take up legislation that seeks to get more money into 
the hands of local public defender offices -- primarily by taking it from the 
defense teams representing people facing the death penalty.


As head of the State Police, Landry was deeply involved in the investigation 
into Derrick Todd Lee, who was linked to the deaths of 7 women in south 
Louisiana, convicted and sentenced to death. Lee died in early 2016 of heart 
problems while awaiting execution. Landry mentions his involvement in 
investigating Lee's case on his legislative website.


Still, Landry said he now questions whether the death penalty makes Louisiana 
safer. He is also concerned about the cost. "I've evolved to where I am today," 
he said. "I think it may be a process that is past its time."


Claitor has filed Senate Bill 142 to abolish the death penalty for people who 
commit crimes after July 30. Landry and Steven Pylant have filed House Bill 
101, essentially the same legislation. The legislative session begins April 10.


The class-action suit filed in Baton Rouge seeks an injunction against a public 
defenders system that it says fails to provide constitutionally adequate 
representation.


Neither measure would affect the 73 Louisiana inmates already on death row or 
those facing capital charges in pending court cases. Claitor said he didn't 
think it was appropriate to change sentences retroactively or to alter pending 
court cases. But if the legislation passes, it could be brought up by legal 
teams defending death row inmates in continuing cases as a reason to change 
their sentences.


Louisiana already spends millions of dollars in court to pay defense costs for 
death penalty cases. The Louisiana Public Defender Board spent $9.5 million on 
death penalty defense in the fiscal year that ended June 30, about 28 % of the 
board's total budget.


That means the board wasn't able to devote as much money -- about $15 million 
overall last year -- to local public defender offices, since the two causes 
compete for funding. Public defenders offices around the state say they are 
chronically underfunded, so much so that Gov. John Bel Edwards and the state 
public defender board are being sued by 13 inmates for providing inadequate 
funding for indigent defense.


The Public Defender Board's $9.5 million death penalty fund was paying for the 
defense in 30 to 40 capital cases last year. The board contracts with private 
lawyers, many of whom work at non-profit agencies, to provide the services. The 
legal work is notoriously time-consuming and expensive.


Louisiana hasn't executed anyone since 2010, in part because of difficulty in 
obtaining the drugs for lethal injection. By contrast, Alabama and Mississippi 
have executed 8 people since 2011, according to those states' corrections 
agencies.


Pharmacies and drug makers have been unwilling to carry execution drugs because 
of the stigma attached to selling them. The Legislature almost passed a bill in 
2014 to make it easier to acquire lethal injection drugs, in part by letting 
the state hide the identity of the provider, but the legislation was pulled by 
its sponsor at the last minute. A similar bill hasn't been filed since then.


Louisiana's death penalty protocol calls for the use of the same 2 drugs as 
those administered during a botched execution in Arizona Wednesday. This is the 
3rd case in 6 months where one of the particular death penalty drugs Louisiana 
is scheduled to use -- midazolam -- has resulted in a bungled execution in 
another state.


(source: Julia O'Donoghue is a state politics reporter based in Baton 
Rougenola.com)







ARKANSAS:

Arkansas Supreme Court rejects state bid to cloak execution drugAG vows 
quick re-appeal over Rx label



An appeal by state prisons to keep the lid on the source of one of Arkansas' 
execution drugs was dismissed Monday by the state Supreme Court.


Soon after the decision was handed down late in the afternoon, a spokesman with 
the attorney general's office said the state will try again this morning.


Also on Monday, the state and lawyers for the 8 inmates scheduled to die this 
month prepared for legal battles in a nearby 

[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA.

2017-04-04 Thread Rick Halperin





April 4



TEXAS:

Supreme Court Will Take up 3rd Harris County Death Penalty Case This Year


After recently ruling in favor of 2 Harris County death row inmates, the U.S. 
Supreme Court is poised to take up yet another Houston death penalty case this 
year.


Carlos Ayestas was sentenced to death for his role in a 1995 home invasion, in 
which Ayestas and two others tied up a 67-year-old woman with duct tape and 
strangled her to death. His guilt is not at issue in the case - but his 
appellate attorneys argue that if the jury at his sentencing hearing had known 
he was schizophrenic and addicted to cocaine they would have decided against 
execution. Ayestas's original defense lawyers did not reveal this during the 
sentencing hearing. The only mitigating evidence they presented about Ayestas 
were 3 letters submitted by the Harris County Jail's English-as-a-2nd-language 
teacher, who said Ayestas was an attentive student.


The U.S. Supreme Court agreed Monday to take up the case on the grounds of 
ineffective counsel, deciding whether the U.S. Fifth Circuit erred when it 
denied Ayestas additional resources to dig up evidence showing that his 
original lawyers failed him.


The justices denied to consider the case on one other basis Ayestas's attorneys 
put forth: that Harris County District Attorney's Office prosecutors sought to 
execute him based in part on his immigration status.


In 2014, Ayestas's appellate attorneys with the Texas Defender Service 
discovered an internal "Capital Murder Summary" memo never shared with 
Ayestas's trial defense counsel. In the memo, prosecutor Kelly Seigler lists 2 
"aggravating circumstances" that support sentencing Ayestas to death. One was 
the brutal nature of the senior citizen's murder. The other was the fact that 
Ayestas was not a U.S. citizen. He was an undocumented immigrant from Honduras.


As the Texas Attorney General's Office noted in its brief opposing Ayestas's 
appeal, someone later crossed out that second immigration-status reason, and it 
was never presented to the jury. The Supreme Court justices did not explain why 
they would not consider whether the U.S. Fifth Circuit erred when it declined 
to hear out Ayestas's claims that prosecutors sought his execution for 
discriminatory reasons. The Fifth Circuit's basis for declining that argument 
last March was that Ayestas's defense counsel didn't try hard enough to 
discover the Capital Murder Summary memo until more than a decade after his 
trial - reasoning the Texas Defender Service argued was flawed in its Supreme 
Court writ.


"Mr. Ayestas's case is about the right to be fairly charged and defended," his 
attorneys, Lee Kovarsky and Callie Heller, said in a statement. "From the 
charging decision through the federal habeas process, Mr. Ayestas has been 
denied his constitutional right to nondiscriminatory treatment and effective 
representation; these are rights to which all criminal defendants, especially 
those facing a death sentence, are entitled."


This is the 3rd time this year that a Harris County death penalty case is in 
the Supreme Court spotlight. Last week, the Supreme Court ruled in favor of 
Houston death-row inmate Bobby Moore, whose attorneys have maintained that he 
is mentally disabled and should not be executed. The court ruled that Texas's 
method of determining whether death-row inmates are mentally disabled, which is 
sometimes likened to the "Lennie test," a reference to the John Steinbeck novel 
Of Mice and Men, is invalid. And in February, justices ruled in favor of Duane 
Buck. At his sentencing hearing, an expert witness called by Buck's own 
attorney suggested on the stand that because Buck is black, he posed a greater 
"future danger." The court ruled Buck is entitled to a new hearing.


In the Texas Defender Service's brief submitted to the Supreme Court in support 
of Ayestas, they began by quoting Chief Justice John Roberts's opinion in the 
Buck case: "[T]his is a disturbing departure from a basic premise of our 
criminal justice system: Our law punishes people for what they do, not who they 
are."


(source: Houston Press)



Supreme Court to hear another Texas death penalty caseThe U.S. Supreme 
Court agreed Monday to hear the Texas death penalty case of a Honduran national 
who was convicted for his role in a 1995 murder of 67-year-old Santiaga Paneque 
during a Houston home invasion.



The U.S. Supreme Court agreed Monday to hear the Texas death penalty case of a 
Honduran national who is arguing that a federal appeals court wrongly denied 
him resources to investigate and provide evidence of substance abuse and mental 
illness.


Advocates for Carlos Ayestas believe that if a jury had heard he had a history 
of cocaine addiction and mental illness, they may not have sentenced him to 
death for his role in a 1995 murder of 67-year-old Santiaga Paneque during a 
Houston home invasion. State officials have dismissed such