[Deathpenalty] death penalty news----worldwide

2019-09-05 Thread Rick Halperin





Sept. 5




SOUTH AFRICA:

The death of capital punishment in SA



The Constitutional Court abolished the death sentence in 1995, with a unanimous 
landmark judgment penned by then-ConCourt president Arthur Chaskalson.


Everyone has the right to life.

That’s the full text of chapter 2, section 11 of the Bill of Rights in the 
Constitution – and the phrases “capital punishment” and “death penalty” do not 
occur in the document.


According to a 2016 study by the South African Institute of Race Relations 
(IRR), Is there a case for South Africa to reintroduce the death penalty?, 
between 1910 and 1975, about 2 740 people were executed and another 1 100 
between 1981 and 1989.


The charge for the return of the death penalty began with the Inkatha Freedom 
Party (IFP) last year and was brought back to life last week by the African 
Transformation Movement (ATM).


“The last hanging took place in 1989, following which the then state president, 
FW de Klerk, put a stop to them pending a decision on capital punishment by the 
Convention for a Democratic South Africa (Codesa),” the IRR study stated.


“Although Codesa adopted a comprehensive Bill of Rights as part of the 1993 
constitution, it did not outlaw capital punishment, leaving that matter to the 
court. When it issued its prohibition on further executions in 1995, possibly 
as many as 400 people were waiting on death row.”


Until it was abolished, capital punishment had been implemented not only for 
murder but also for rape, housebreaking and robbery or attempted robbery with 
aggravating circumstances, sabotage, training abroad to further the aims of 
communism, kidnapping, terrorism and treason.


The Constitutional Court abolished the death sentence in 1995, with a unanimous 
landmark judgment penned by then president of the Constitutional Court Arthur 
Chaskalson.


The judge was deciding on the futures of 2 accused convicted on four counts of 
murder, one count of attempted murder and one count of robbery with aggravating 
circumstances in S v Makwanyane and Another.


“Retribution cannot be accorded the same weight under our Constitution as the 
rights to life and dignity, which are the most important of all the rights in 
chapter three,” Chaskalson said before banishing capital punishment.


***

The EFF does not support the death penalty – Malema



Despite SA’s current wave of violence, the EFF leader says ‘our brothers and 
sisters will be the ones that are hanged’ if capital punishment returns.


Addressing the media at a press conference on Thursday afternoon, Economic 
Freedom Fighters (EFF) leader Julius Malema disagreed with the death penalty as 
a way of dealing with the scourge of violence against women and children in 
South Africa.


“We don’t support death penalty. Anyone who suggests death penalty must give 
scientific evidence of where death penalty has succeeded in reducing crime,” he 
said.


“The legal system in SA is very expensive, you may be wrongfully accused and 
because you can’t afford proper legal representation, you will be hanged. In a 
system that hates black people, our brothers and sisters will be the ones that 
are hanged.


“We need a biting criminal justice system. The laws are there, our police are 
the ones that are failing us,” he continued.


This followed Malema addressing the recent murders of women Uyinene Mrwetyana, 
Leighandre “Baby Lee” Jegels, Janika Mallo, as well as Ayakha Jiyani and her 
siblings.


“The reality is that these are not unique cases, but a reflection of the daily 
experiences of women and children who face the threat of rape, abuse, and death 
in both private and public spaces,” he said.


“The solution to these problems must lie in fixing our public institutions of 
law enforcement; the police stations, prosecutors, and judges who care.


“Perpetrators of sexual crimes in our country know that women never get any 
help from the system and thus they perpetrate their crimes on them with 
impunity.


“Our criminal justice system is most toothless when it comes to dealing with 
rape, detecting psychopaths and unearthing violent domestic spaces.


“The power of the law must precisely be so effective that it is observed by all 
in public and domestic spaces because they know there are consequences.


“It is, therefore, the police and the criminal justice system that must take 
full responsibility for why rape and murder of women and children has become 
part of our daily lives.


“We call on a national emergency on police stations to be radically and 
urgently reconfigured as safe spaces for the report of sexual crimes. We call 
on investigative capacity to be immediately developed to detect sexual violence 
in domestic and private spaces,” the EFF leader said.


“We need caring judges; who are welcoming and sensitive, not those who seem to 
perpetuate the intimidating nature of court,” he added later in his address.


(source for both: The Citizen)


[Deathpenalty] death penalty news----ILL., CALIF., ORE., USA

2019-09-05 Thread Rick Halperin




Sept. 5




ILLINOIS:

Republican lawmaker to introduce death penalty bill



A Republican state lawmaker is calling for the resurrection of the death 
penalty in Illinois after two mass shootings in the U.S. and recent gun 
violence in Chicago.


Barrington Hills Rep. David McSweeney said he will either sponsor or co-sponsor 
some version of a measure overturning the moratorium former Gov. Pat Quinn 
placed on capital punishment 8 years ago.


At the time, Quinn said Illinois should not have a system in place that might 
result in the erroneous execution of citizens. McSweeney said “eliminating the 
death penalty was a terrible mistake.”


“It has been a complete failure,” he said.

Mass shootings in El Paso, Texas, and Dayton, Ohio, on Aug. 3-4 killed 31 
people. In Chicago last weekend, 4 people were killed and 43 injured in 
gun-related violence, according to the Chicago Sun-Times.


“Texas officials are pursuing the death penalty against the coward racist who 
targeted Mexican Americans in El Paso. We should have that tool in the state of 
Illinois,” McSweeney said. “The time to act is now, because the death penalty 
is a deterrent that we need to protect our citizens. No one can argue the state 
of Illinois is a model for how to fight crime.”


In part, Quinn’s argument for signing legislation making Illinois the 16th 
state to abolish capital punishment was the lack of advancement in DNA testing, 
McSweeney said. But DNA technology has progressed “light years” beyond its 
stage in 2011, he added, to be the “key to ensuring there are no wrongful 
convictions.”


“I want to make sure there are safeguards,” he said.

According to a Pew Research Center study published last year, 54 % of Americans 
support capital punishment for those convicted of murder. That number is up 
from 49 % 2 years prior. 39 % of people oppose the death penalty.


McSweeney is not the only Illinois politician to express support for capital 
punishment. In an unexpected move last year, former Republican Gov. Bruce 
Rauner proposed reviving the death penalty by using his amendatory veto power 
on a firearms measure that needed his signature to become law.


The legislation would have extended the 72-hour waiting period for gun 
purchases to include assault weapons. Rauner wrote in his veto message that the 
proposal did not go far enough to prevent gun violence incidents and other 
public safety concerns.


His addition would have created a new category of crime — a “death penalty 
murder” — that encompassed anyone 18 or older who killed 2 or more people 
“without lawful justification” or if the victim is a police officer.


“The ultimate public safety objectives of this bill would be better served with 
comprehensive solutions,” he wrote, which included a ban on bump stocks, the 
addition of mental health and law enforcement personnel in schools, and 
“reintroducing the death penalty for the most egregious cases.”


The General Assembly did not vote on Rauner’s proposal, effectively running out 
the clock on the bill.


Before Rauner’s push last year, Illinois’ staunchest supporter of the death 
penalty in state politics arguably was former Republican Rep. John Cavaletto, 
from Salem.


Cavaletto’s last iteration of a measure to reinstate the death penalty would 
have applied to persons older than 18 who were convicted of first-degree murder 
for killing a police officer, firefighter, employee of a correctional agency, 
or a child; or for killing more than 1 person.


Cavaletto’s legislation never moved out of committee, and McSweeney said he 
knows he faces an uphill battle with the Democratically-controlled General 
Assembly.


“This one will have a lot of opposition. I don’t think it’s going to happen in 
the short run, but it’s an issue I will continue to focus on - through public 
education and through pointing out and proving the advances in DNA technology,” 
he said. “I believe it’s the right thing to do.”


U.S. Sen. Dick Durbin, a Democrat, filed legislation to strike the use of 
capital punishment by the federal government. The move came after President 
Donald Trump’s administration announced last month it would resume the use of 
the death penalty for the 1st time in 16 years.


“Try as we might, we cannot escape the fact that the death penalty in America 
is disproportionately imposed on minorities and poor people,” Durbin said in a 
news release.


But McSweeney said a capital punishment measure is worth having a discussion 
about in a committee hearing.


“There needs to be a coordinated effort between state officials and the federal 
government to once and for all end this problem of violence in the city and in 
our state,” he said. “We need to get tough on crime again in this state and 
defend our citizens.”


(source: sj-r.com)








CALIFORNIA:

Death Penalty Phase Of Hollywood Ripper Trial Postponed -- Jurors will be asked 
to recommend death or life in prison for the convicted double-murderer dubbed