[Deathpenalty] death penalty news----worldwide

2017-06-12 Thread Rick Halperin






June 12



TANZANIA:

Ethics - Abolish Capital Punishment


Disregarding or snubbing this echo of death penalty in the house is not the 
best alternative. Instead of closing our eyes to, or taking no notice of , MP 
Ally Mohamed Keissy (Nkasi North - CCM) called for the application of the death 
penalty to all fellow citizens who contributed to the suffering and death of 
Tanzanians, due to lack of resources, following gross misconduct in signing 
extractive industry contracts, we should seek to reflect on the matter.


While there is a worldwide firm trend towards abolishing the death penalty, 
with progress in some countries in Africa as well as other regions of the 
world, death penalty has rebounded in the ongoing parliamentary sitting in 
Dodoma. Disregarding or snubbing this echo of death penalty in the house is not 
the best alternative.


Instead of closing our eyes to, or taking no notice of , MP Ally Mohamed Keissy 
(Nkasi North -- CCM) called for the application of the death penalty to all 
fellow citizens who contributed to the suffering and death of Tanzanians, due 
to lack of resources, following gross misconduct in signing extractive industry 
contracts, we should seek to reflect on the matter.


The lawmaker has a reason to recommend that these people should be identified 
and get hanged to death even though the use of death penalty appears to be 
confined to an ever-narrowing minority not only Tanzanians but also countries 
in the world.


Obviously, Keissy is in distress. He is quite clearly in agony as he sees 
unfairness as a result of allowing these people to live freely while they have 
cause suffering to fellow humans and for a long time. In other words, he knows 
and would like the Tanzanian laws which stipulate that death penalty is a 
mandatory sentence for cases of murder and treason under the Penal Code 
sections 39 and 197 to be extended to and applied to the people who he is 
concerned about.


This we say because, when examined closely, the practice of the death penalty 
in Tanzania, is not clustered in a few jurisdiction. It may sound that a few 
would advocate it, but the challenge is that, like Hon Keissy, the public and 
especially those who have tested the pain inflicted on them would go for the 
same option.


From what I know, our country has always been well represented by a variety of 
legal systems, our traditions, cultures and religious backgrounds and the 
current public tone suggest that all of these have taken a position in favour 
of abolition of the death penalty.


But why is the lawmaker calling his colleagues not to move away from the death 
penalty? Or put this question this way; is the death penalty reverberating in 
the House while the right to life is clearly provided for under Article 14 of 
the Constitution of the United Republic of Tanzania 1977? Is it because the 
protection of this right is not absolute, as this right under article 14 can be 
subjected to other laws?


(source: Opinion; Alfred Sebaheneallafrica.com)






LEBANON:

Don't Resume ExecutionsResumption of Executions Would be a Step in the 
Wrong Direction



Once again, political pressure is growing for Lebanon to resume executions.

Most recently, Interior Minister Nouhad Machnouk called last Friday for the 
application of the death penalty. Lebanon has an unofficial moratorium on the 
death penalty and has not carried out an execution since 2004, although courts 
continue to hand down death sentences. Any move to resume executions should be 
resisted.


Lebanon's moratorium is a bright spot on its human rights record and is in line 
with a global trend to abolish the death penalty. Just 23 countries are known 
to have carried out executions in 2016. A resumption of executions would 
constitute a troubling setback for Lebanon, without making the country safer or 
deterring crime. Studies have consistently found there is no clear evidence 
that the death penalty deters crime. Lebanon in 2010 resisted similar calls 
from politicians to resume executions.


A resumption of executions would be particularly troubling given concerns about 
a lack of due process guarantees in Lebanese courts. Human Rights Watch found 
in 2017 that military courts, which have broad jurisdiction over civilians and 
retain the death penalty, do not guarantee due process rights. Those who have 
stood trial in military court describe the use of confessions extracted under 
torture, decisions issued without an explanation, seemingly arbitrary 
sentences, and a limited ability to appeal.


On October 10, 2008, Justice Minister Ibrahim Najjar submitted to the Council 
of Ministers a draft law abolishing the death penalty and replacing it with 
life imprisonment with hard labor.


Human Rights Watch opposes capital punishment in all countries and under all 
circumstances. Capital punishment is unique in its cruelty and finality, and is 
plagued with arbitrariness, prejudice, and error. Most countries ha

[Deathpenalty] death penalty news----TEXAS, USA

2017-06-12 Thread Rick Halperin






June 12



TEXAS:

Rodney Reed's mother hopes finding of false testimony leads to 'justice'


The mother of death row inmate Rodney Reed said Saturday she is guardedly 
optimistic about her son's chances for freedom after the Texas Court of 
Criminal Appeals ruled prosecutors presented "false and misleading" testimony 
in his 1998 capital murder conviction.


"I'm hoping for justice," Sandra Reed told the American-Statesman. "But we have 
presented so many other pieces of evidence before this that should have at 
least opened up a new trial. How can you bring a case to justice without the 
truth?"


She and other family members held a news conference late Saturday at the 
Bastrop County Courthouse.


"We want to keep it in the air that there is an innocent man on death row and 
that he's suffered enough," she said. "We're ready for him to come home."


Reed was convicted of the 1996 murder of Stacy Stites, a 19-year-old Giddings 
resident with whom he claimed he was having a secret affair. Prosecutors argued 
Reed abducted, raped and strangled Stiles on her way to work.


But defense attorneys have argued that Stites was was killed by her fiance, 
Jimmy Fennell, a former Georgetown police officer who is now serving a 10-year 
sentence for the kidnapping and sexual assault of a woman in his custody in 
2007.


Reed's attorney Bryce Benjet has said that the state's key expert witness at 
the trial, then-Travis County Medical Examiner Roberto Bayardo, has since 
disavowed his testimony implicating Reed, saying that the sperm found in 
Stites' body was likely deposited more than 24 hours before her death.


Benjet said a new analysis of medical and forensic evidence by a pair of 
forensic pathologists shows that Stites was likely killed hours before she was 
supposed to have left for work and that her body was moved to a rural Bastrop 
County road after her death.


The court of appeals last month rejected the defense claim that the new 
evidence established Reed's innocence, but sent the case back to a Bastrop 
County court to consider the claims of false testimony during the original 
trial.


Bastrop District Attorney Bryan Goertz said at the time: "It's just another 
legal hurdle that needs to be dealt with."


Reed was 10 days from his execution date in February 2015, when the court 
ordered a closer look at his request for modern DNA testing of items linked to 
the murder. But in April the appeals court denied Reed's request for additional 
DNA testing, citing the possibility of "cross-contamination" of evidence that 
had mingled in boxes after repeated handling by court employees.


Sandra Reed said though she's hopeful the finding of false testimony will lead 
to a new trial and her son's exoneration, she remains somewhat skeptical. 
"You're sending him back to the same county that convicted him in the first 
place," she said. "We will keep fighting and demanding justice for as long as 
it takes."


(source: Austin American-Statesman)






USA:

Why America still executes peopleThe legal reasoning behind the continued 
use of the death penalty



America is 1 of only a few countries in the Western world that still puts 
criminals to death. Even there, executions are on the wane: just 20 were 
carried out in 2016, down from a peak of 98 in 1999. Popular support is 
declining, too. Just 60% of Americans approve of the death penalty for murder, 
down from 80% in the 1990s. Only 8 states have carried out an execution since 
2015, and around 2/3 either have abolished capital punishment or have a 
moratorium on its use. But it has not disappeared altogether: during an 
eight-day stretch in April, Arkansas executed 4 people, so as not to waste its 
expiring supply of a lethal-injection drug. And last month in Alabama, a man 
who spent 35 years on death row - and eluded 7 execution dates - was finally 
put to death. Why does America continue to execute people?


Following the Supreme Court's 1972 ruling in Furman v Georgia, capital 
punishment was put on hold. The penalty was applied in an arbitrary and 
capricious manner, violating the Eighth Amendment bar on "cruel and unusual 
punishments", the justices held. If any factor explains why some criminals get 
death sentences while most do not, Justice Potter Stewart wrote, "it is the 
constitutionally impermissible basis of race". 4 years later the Supreme Court 
reinstated the death penalty in Gregg v Georgia by a 7-2 majority, finding that 
states had mended their death-penalty laws to address the concerns in Furman.


One way to understand why America still executes people is to look at the Fifth 
Amendment, which provides that nobody will "be deprived of life...without due 
process of law". How could the framers of the constitution have banned capital 
punishment in the Eighth Amendment when, in the Fifth, they specifically 
contemplated its existence? In Gregg, the court cited 2 justifications for the 
death penalty: retributive justice and dete