[Deathpenalty] death penalty news----worldwide

2016-10-06 Thread Rick Halperin




Oct. 6



VIETMAN:

3 Vietnamese face death for trafficking meth


Vietnam's tough laws have not managed to stop drug trafficking crimes from 
getting rampant. Photo by Vietnam Plus


The ring mailed 5 kilos from Hanoi to Ho Chi Minh City using an express courier 
in April 2015.


A court in Hanoi sentenced 3 Vietnamese to death for mailing 5 kilograms of 
methamphetamine from Hanoi to Ho Chi Minh City, last year.


Dam Trong Thang, 53, Hoang Bich Ngoc, 31, and Nguyen Huy Thong, 34, received 
the death penalty for drug trafficking. Ta Chung Thanh, 25, received a life 
sentence for the same crime; another woman received 18-months imprisonment for 
failing to report the criminal activity.


Investigators say Thang and Thong first met in March 2015.

Roughly a month later, Thang gave Ngoc VND670 million (approximately $30,000) 
and told him to use it to buy methamphetamine from Thong and Thanh in Hanoi.


Once in the capital, Ngoc parcelled the drugs out and express mailed them to Ho 
Chi Minh City. Thong and Ngoc were stopped with thousands of ecstasy pills at 
Noi Bai Airport in late April 2015.


Investigators say Thang has ties to another drug ring currently being 
investigated in HCMC.


Vietnam has some of the world'-s toughest drug laws. Those convicted of 
possessing or smuggling more than 600 grams of heroin or more than 2.5 
kilograms of methamphetamine face the death penalty.


The production or sale of 100 grams of heroin or 300 grams of other illegal 
narcotics is also punishable by death.


(source: e.vnexpress.net)






TAIWAN:

UK group seeks to sway opinions on death penalty


A group of UK human rights experts yesterday said that it requires strong 
political leadership to steer a nation toward completely doing away with 
capital punishment.


Leading a delegation of 3 people on a 3-day visit to Taiwan, British Member of 
Parliament Keir Starmer told a news conference in Taipei that strong public 
disapproval is an issue that confronts every nation that moves away from the 
use of the death penalty.


"It certainly confronted the UK when we abolished the death penalty," Starmer 
said. "At that time public opinion was in favor of death penalty."


"Almost every country made the argument that there is something special about 
their cultural traditions which require it to keep the death penalty," said 
Starmer, cofounder of a London-based law firm that specializes in civil 
liberties and human rights.


With President Tsai Ing-wen's administration pledging to be a government guided 
by public opinion, Starmer said that there were 3 things that helped prompt 
changes in the UK 5 decades ago to restrict the use of capital punishment.


"The first was strong political leadership, which said: 'This sentence is wrong 
in principle and we will have nothing more to do with it,'" he said.


As most people only talk about the death penalty in the abstract, he said the 
2nd motivator was to offer the public a glimpse into how capital punishment was 
actually carried out.


When people saw how it worked in practice, they were very uncomfortable with 
the death penalty, he added.


Starmer said the third element was that capital punishment has become an 
indicator of whether a country is progressive, forward-looking and wanting to 
join the family of countries that have gotten rid of the death penalty.


"Or, whether it wants to be seen by others as being stuck in the past with 
countries that are unwilling to change," Starmer said, adding that courageous 
political leadership combined with a better understanding of the death penalty 
could cause public opinions to change.


Starmer declined to reveal details of his meeting with Vice President Chen 
Chien-jen and Minister of Justice Chiu Tai-san on Wednesday, saying only that 
the discussions were "constructive."


As one of three democracies worldwide that still carry out death sentences, 
Taiwan has executed 33 death-row inmates since 2010, with the last one being 
Taipei MRT killer Cheng Chieh in May last year. There are 41 people on death 
row.


Death Penalty Project co-executive director Saul Lehrfreund, who is a member of 
the delegation, said research he has done with academics, universities and 
criminologists show that public perceptions of capital punishment are not 
black-and-white.


"For example, if you ask the public an abstract question: 'Do you support the 
death penalty?' It is very probable that the vast majority of people would 
support the death penalty," Lehrfreund said.


"However, if you ask people how strongly they support the death penalty, you 
will find the majority of people do not come back and say they support the 
death penalty strongly," Lehrfreund said. "They may support it, but not so much 
that they would not accept changes."


(source: Taipei Times)






DEMOCRATIC REPUBLIC of CONGO::

Ugandan rebels face death for crimes against humanity  10 rebels get death 
sentence for killing innocent civilians in 

[Deathpenalty] death penalty news----TEXAS, OHIO, TENN., NEB., N.MEX., UTAH., CALIF., USA

2016-10-06 Thread Rick Halperin





Oct. 6



TEXAS:

Texas judge confronts 'serious deficiencies' in death penalty cases  The 
state broke its longest streak without an execution. But the highest criminal 
court has issued multiple late stays - and the legal process may be changing



At the time, in the state that executes more people than any other, it was 
hardly surprising that Barney Fuller was sentenced to die.


On 1 January 2001, Fuller phoned Annette Copeland, a neighbour in the tiny 
Texas town of Lovelady, a hundred miles north of Houston. "Happy New Year," he 
told her. "I'm going to kill you."


2 years later, he did. A dispute that stemmed from Fuller's habit of annoying 
his neighbours by firing weapons at his home escalated into a murderous rampage 
that took the life of Annette and her husband, Nathan.


In the 911 call that Annette Copeland made at about 1.30am that May night, the 
operator heard a man saying: "Party's over, bitch." Then a popping sound; 
presumably 1 of the 3 pistol shots that Fuller fired into her head.


Fuller was executed by lethal injection on Wednesday night; there are another 
253 inmates on Texas's death row and 2 more men are scheduled to die on the 
gurney at the state penitentiary later this year. But the 58-year-old's death 
broke a remarkable streak: it was the 1st Texas execution in 6 months.


That was the longest run without a judicial killing since 2007-08, when 
executions stopped nationwide while the US supreme court considered whether the 
lethal injection method violated the constitution. When Texas resumed in June 
2008, 18 inmates died in the space of 5 months.


Less than a decade later, with a Pew survey suggesting public support for 
capital punishment is the lowest it has been in more than 40 years, both giving 
death sentences and completing them are on the decline in Texas, like elsewhere 
in the country. In 2015, Texas executed 13 prisoners; Fuller's death brings 
this year's total to 7 so far. Only 5 new inmates have been added to death row 
in 2016 and 2015, compared with 20 in the 2 years prior.


And though traditionally unmoved by the pleas of those on death row, the 
state's highest criminal court, the Texas court of criminal appeals, has issued 
multiple late stays of execution - 3 in August alone.


Meanwhile one of the court's judges, Elsa Alcala, has drawn attention for 
writing opinions questioning the state's process, including 1 in June that said 
it has "serious deficiencies" that have "caused me great concern".


Like 8 of the 9 judges, Alcala is a Republican. She was appointed in 2011 by 
former governor Rick Perry - dubbed the "killingest" governor in modern history 
for presiding over 279 executions in 14 years. Despite her misgivings, Alcala 
has not advocated for or against the death penalty overall.


She worries that inmates have been convicted and died as a result of the poor 
quality of their lawyers at trial and during appeals, and because bad evidence 
was taken seriously. "These things are coming to light - but I wonder about how 
many cases have not come to light," she said last month during a panel 
discussion at the Texas Tribune Festival.


There, Alcala floated "legislative fixes that wouldn't cost a dime", such as 
forbidding the execution of the severely mentally ill, disallowing the 
testimony of co-conspirators who cut deals with prosecutors, and no longer 
asking juries to decide whether a defendant is a continuing danger "to society" 
given that Texas now allows an alternative sentence of life without parole.


Last year the Texas legislature passed a law requiring a defendant's most 
recent attorney to be notified when an execution date is set. It was a 
progressive move according to Kathryn Kase, executive director of the Texas 
Defender Service, a not-for-profit group that helps clients facing the death 
penalty.


Kase represents Scott Panetti, a mentally ill man who represented himself at 
trial dressed as a cowboy and tried to subpoena Jesus Christ, John F Kennedy 
and the pope.


In fall 2014, Kase discovered that Panetti was scheduled to die in a little 
over a month when she read about it in a local newspaper. That sent her 
scrambling to argue that his lethal injection should be put on hold. It was, on 
the day he was due to die - but by a federal appeals court, after the Texas 
court of criminal appeals voted 6-3 to reject a stay. That prompted one of its 
members, the now-retired Tom Price, to write a dissent calling for the 
abolition of the death penalty.


40 years on since the supreme court reinstated capital punishment in the US, 
Kase believes the system is "as imperfect as ever". But, she said, "all the 
players have become sensitized to all the reasons that executions might be 
unjust," and when restored to its full nine members, the court might before 
long be ready to take up the issue of whether capital punishment violates the 
constitution.


"These are clues that the body politic is changing its mind," 

[Deathpenalty] death penalty news----worldwide

2016-10-06 Thread Rick Halperin






Oct. 6


INDONESIA:

Pakistani convict Zulfiqar Ali is innocent, must be released soon: Komnas HAM


The National Commission on Human Rights (Komnas HAM) is calling for President 
Joko "Jokowi" Widodo to pardon Pakistani death row inmate Zulfiqar Ali, saying 
he is innocent and should be released after already having been imprisoned on a 
drug conviction for a decade without any concrete evidence.


"We ask the President to pardon Zulfiqar Ali for the sake of justice and 
humanity and release him from all punishment as soon as possible," Komnas HAM 
commissioner Hafid Abbas said in a statement on Wednesday.


Komnas HAM had also conveyed a set of recommendations to Jokowi on Sept. 27, 
one that had also been given to then president Susilo Bambang Yudhoyono more 
than 2 years ago.


Ali escaped the 3rd round of executions of drug convicts on the Nusakambangan 
prison island in Cilacap, Central Java, on July 29.


Hafid noted that the judges had succumbed to public pressure and went beyond 
the demands of prosecutors, who had sought a life sentence, for the mere sake 
of their public image, since public opinion deemed corruption, terrorism and 
drug-related offenses to be extraordinary crimes.


"That also influenced the atmosphere of the trial, so the judges imposed a more 
severe punishment than the prosecution demand for the death penalty," he said.


Police arrested Ali based on a statement from Gurdip Singh, an Indian national 
arrested on allegations of heroin possession at Soekarno-Hatta International 
Airport on Aug. 24, 2004. Gurdip retracted his statement against Ali. However, 
the court went on to sentence him to death in June 2005.


(source: The Jakarta Post)






SINGAPORE:

Greater support for death penalty among higher educated: Poll


About 80 % of people in Singapore believe that the death penalty should be 
retained, according to a survey conducted by the Government.


The survey also found out that there was greater support for the death penalty 
among the higher educated, with 68 % of residents with university or 
postgraduate education saying that they support the death penalty.


Reach - the Singapore Government's citizen-engagement agency - said in a 
statement today (Oct 6) that a computer-assisted telephone interview poll was 
conducted between June 13 and 17 this year. A total of 1,160 randomly selected 
Singapore residents aged 15 or above were polled.


Only 10 % of respondents felt that the death penalty should be abolished. The 
other 10 % of respondents either did not give a definite answer, or refused to 
answer, Reach said.


Reach said that "82 % of respondents agreed that the death penalty was an 
important deterrent that helped keep Singapore safe from serious crimes".


Among those who supported the death penalty, there was higher support for it as 
the maximum sentence for violent crimes (as high as 81 % for murder). Only 67 % 
of respondents think it should be the maximum sentence for drug trafficking.


Close to 2/3 of respondents believed that there were enough safeguards in 
Singapore to ensure that no person was wrongly sentenced to death, Reach said.


Reach said in the statement "where the sample was not demographically 
representative of the national population by gender, race, or age, it was 
weighted accordingly to ensure representativeness".


(source: asiaone.com)






INDIA:

Suspense Over Death Sentence Of VS Dupare As SC Hears His Review Petition In 
Open Court



The Supreme Court bench comprising Justices Dipak Misra, Rohinton Fali Nariman 
and Uday Umesh Lalit today heard the review petition of the death-row convict, 
Vasanta Sampat Dupare, currently lodged in Nagpur Central Jail, in the open 
court. As hearing of the review petitions of death-row convicts by a 
three-Judge bench is mandatory after the SC judgment in Mohd.


Arif case, Dupare's senior counsel, Anup Bhambhani got the opportunity to make 
his submissions before the bench.


Background: Dupare's death sentence was confirmed by the Supreme Court's 3 
judge bench on November 26, 2014. Dupare was convicted and sentenced to death 
for the offence of rape and murder of a minor girl in 2008. In 2010, the trial 
court found him guilty and sentenced him to death under section 302, life 
imprisonment under section 376(2)(f), and rigorous imprisonment of 7 years 
under sections 363 and 367 and rigorous imprisonment of 3 years under section 
201 of the IPC, along with fines and imprisonment in default.


On March 24, 2011, the Nagpur bench of the Bombay high court, at the 
confirmation stage, held that Dupare had not received a fair trial as the legal 
aid lawyer appointed on his behalf was absent when 4 important witnesses were 
to be cross-examined, and Dupare himself had been asked to cross-examine those 
witnesses. The high court, therefore, set aside his conviction and sentence, 
and remanded the case back to the trial court.


On remand, the trial court again convicted and sentenced 

[Deathpenalty] death penalty news----NEB., N.MEX., CALIF., USA

2016-10-06 Thread Rick Halperin




Oct. 6



NEBRASKA:

Death Penalty should not exist in Nebraska


Mention the 2016 election and you'll likely get a negative, perhaps even 
dismissive reaction from most people.


Looking at the Presidential race, this is understandable.

However, Nebraskans have a unique chance to do something worthwhile come 
November 8, thanks to Governor Pete Ricketts. That's because he has given us 
the opportunity to confirm what our state legislature decided last year.


In May 2015, the Legislature voted 32-15 to repeal the death penalty in our 
state. Governor Ricketts promptly vetoed the measure. However, the Legislature 
then voted to override the Governor's veto, making the repeal law.


The group "Nebraskans for the Death Penalty" promptly started an ultimately 
successful petition drive to put the issue to a referendum vote, supported 
significantly by Governor Ricketts. This has presented the people of Nebraska 
with an extremely important task. For financial and moral reasons, we must 
retain the repeal of the death penalty.


The raw numbers do not lie. Executing criminals is far more costly than simply 
sentencing them to life in prison without parole. Trials involving the death 
penalty require extra experts in areas such as genetic testing, lawyers who are 
certified in such cases, and the genetic testing itself.


Furthermore, death penalty cases involve many layers of appeals which add to 
the overall costs of the trial. All in all, it is estimated to be ten times 
cheaper to sentence criminals to life in prison rather than death. If we simply 
sentenced people to life in prison, many of these costs could be foregone.


In addition, we must consider the methods of execution. Long gone are the days 
when criminals were served justice with a length of rope and gallows, or a mere 
blade. New, more "humane" ways of killing have developed. The primary method of 
execution in every state is lethal injection.


Nebraska is currently out of the drugs required for lethal injection, so 
inmates on death row are essentially serving a life sentence anyway. These 
drugs are also terribly expensive. The state spent $54,400 on obtaining them 
just days before the vote to repeal the death penalty. There is also the slight 
hitch that importing these drugs is illegal.


Since the advent of in the United States, 17 people who were on death row have 
been exonerated due to genetic testing. That's 17 lives that would have been 
taken if the system had run its course before genetic testing found them 
innocent. One can only imagine how many innocent people have lost their lives 
because they were sentenced to die for a crime they did not commit.


One common argument for the death penalty is that we must obtain justice for 
the victims. This hearkens back to the days of the first legal frameworks of an 
eye for an eye from Hammurabi's Code.


This is an outdated approach that does not have a place in our modern society. 
Life without parole is an incredibly harsh punishment that fits the crime. The 
person who commits the crime is left to reflect for the rest of their life on 
what they did and how it has ruined lives, including their own. This also 
possibly gives them a chance to find some remorse for their actions.


This goes hand in hand with defeating the argument that the death penalty 
somehow makes society safer. Whether you kill someone or lock them up forever, 
they are removed from society and cannot be a danger. The American prison is 
much more secure than other countries, and the chance of a prisoner escaping is 
extremely low.


The escape of 2 murderers from a New York prison was so newsworthy because it 
is so incredibly rare.


Another favorite argument of death penalty advocates is the argument of 
deterrence. The logic of deterrence goes like this: if potential criminals know 
they can be executed for their potential crimes, they will be less likely to 
commit them. This sounds great until you find out it's not actually accurate.


Due to factors ranging from people committing crimes of passion, in which they 
do not weigh potential consequences of their actions, to criminals being more 
preoccupied with not getting caught than their punishment, a multitude of 
studies have found the presence of the death penalty does not deter crime 
whatsoever.


No one disputes that violent criminals ought to be punished. However, how we do 
it should matter to everyone. We have come far enough as a society that we can 
safely incarcerate criminals, even exceptionally violent ones, and it even 
makes economic sense to do so.


No matter how you feel about the Presidential or Congressional candidates, 
there is an issue that really matters on the ballot this November. Get to your 
polling place and vote to retain LB 268. Confirm that all human life, no matter 
what it has done, is sacred. It could possibly be the most meaningful civic 
duty you undertake for years.


(source: Greg Tracey is a freshman global 

[Deathpenalty] death penalty news----TEXAS, GA., FLA., MISS., OHIO, TENN.

2016-10-06 Thread Rick Halperin





Oct. 6



TEXAS:

Texas inmate Duane Buck argues he received death sentence due to his race


The Supreme Court left little doubt Wednesday that it will side with a black 
Texas prison inmate who argues improper testimony about his race tainted his 
death sentence.


The justices often are divided on death penalty cases, but conservatives and 
liberals alike agreed that inmate Duane Buck is entitled to a new court 
hearing.


The only issue in arguments at the high court appeared to be whether to throw 
out Buck's sentence altogether and order a new punishment hearing. The court 
also could merely instruct lower courts to decide whether the death sentence 
can stand.


Buck has been trying for years to get federal courts to look at his claim that 
his rights were violated when jurors were told by a defense expert witness that 
Buck was more likely to be dangerous in the future because he is black.


In Texas death penalty trials, one of the "special issues" jurors must consider 
when deciding punishment is whether the defendant they've convicted would be a 
future danger.


"What occurred at the penalty phase is indefensible," Justice Samuel Alito said 
in a comment that was widely shared by the 6 other justices who asked questions 
Wednesday. Justice Clarence Thomas asked no questions, as is his custom.


The high court appeal is not a broad challenge to the death penalty in Texas, 
the nation's leader by far in carrying out 537 executions since the Supreme 
Court in 1976 allowed capital punishment to resume. Rather, it shows the 
justices' heightened attention to the process in capital cases, from sentencing 
to execution. This is especially true in older cases, like Buck's, in which the 
quality of defense lawyers is at issue.


The New Orleans-based 5th U.S. Circuit Court of Appeals refused attempts by 
Buck's attorneys to reopen the case, blocking them from moving forward with an 
appeal contending Buck's constitutional right to a competent lawyer was 
violated.


Buck's case was among 6 in 2000 that then-Texas Attorney General John Cornyn in 
a news release said needed to be reopened because statements by the expert 
witness, Dr. Walter Quijano, were racially charged. In the other 5 cases, new 
punishment hearings were held and each convict again was sentenced to death. 
Cornyn, a Republican, is now the state's senior U.S. senator.


Buck's lawyers contended the attorney general, by then Cornyn's successor Greg 
Abbott, broke a promise by contesting his case, although the 5th Circuit said 
while that circumstance was "odd and factually unusual," they could find 
nothing in the case record to indicate the state made an error or promised not 
to oppose any move to reopen the case. Abbott now is the state's governor.


Texas Solicitor General Scott Keller defended the appellate ruling Wednesday 
because he said there is ample evidence to support a death sentence.


Buck, now 53, does not dispute that he shot and killed his ex-girlfriend, Debra 
Gardner, 32, about a week after breaking up with her, and another man in 1995. 
He also shot his stepsister, who survived.


Buck at the time was on parole after serving about a year of a 10-year prison 
term for delivery of cocaine. He also had a previous conviction for unlawfully 
carrying a weapon.


Still, no justice appeared to endorse Keller???s argument that the appellate 
ruling should be upheld.


Christina Swarns, Buck's lawyer at the Supreme Court, sought at one point to 
place Buck's case in the broader context of issues of race in the criminal 
justice system, telling the justices that the need to eradicate racial 
prejudice "is as urgent today as at any time in our nation's history."


The debate at the court was mostly over how the justices might rule in Buck's 
favor.


The justices could decide there was a "constitutional violation in this case 
and the court of appeals was wrong to say there wasn't," Chief Justice John 
Roberts said. Such a ruling would result in a new sentencing hearing for Buck.


Justice Elena Kagan said a decision instead could focus on the appeals court's 
approach to inmates who wish to reopen their cases in unusual circumstances, 
which would leave the decision on the death sentence to a lower court. Such a 
ruling might affect other inmates in the 3 states covered by the 5th Circuit - 
Louisiana, Mississippi and Texas.


Kagan cited figures produced by Buck's lawyers that prisoners in the 5th 
Circuit are far less likely to be allowed to pursue their appeals than 
prisoners in other Southern states.


(source: CBS news)

**

Texas cases put spotlight on death penalty


The U.S. Supreme Court heard several key cases from Texas during its last 
session, and this term it is reviewing 2 with life-or-death consequences.


There's no way to predict whether the Texas cases will bring favorable 
decisions for two condemned prisoners, much less lead to a sweeping 
reevaluation of the death penalty. But