After 30 Years On Death Row, Texan Given Execution Date

[Ban Hammer 14,600]

First time offense??...that makes a difference??? First degree murder is a crime!!!

...unless it's committed by the State of Texas, you mean?

So it would appear. The Death Penalty is a political tool for prosecuting district attorneys - I still remember the story about the DA who wanted to medicate a diagnosed schizophrenic to "uncrazy" the guy so he could be executed (a legal loophole prevented the execution of the mentally incompetant).

As I said, (again not knowing the facts of this case) it seems bizarre to me that someone could be executed if they don't have a history of violent criminal behaviour.

There's also the wider issue that a person can be tried and punished for a much more serious crime than they have actually committed.

Case in point - When we were living in California, a teenage relative of a family friend (with no criminal history of any kind) was taken to court by a girl he had been going out with (who accused him of harrassment). It was basically your usual story of young love gone sour - but to everyone's horror the prosecuting DA was pushing for charges of first degree rape with a maximum sentence of 25 years and up.

i don't quite understand why you think one can't be executed just because they don't have a history of violent behavior. how many murders does one need to commit before you would agree they need to be put down?

that one about the kid facing 25 years is a bit out in left field though.

[Trumplestiltskin 5,791]

First time offense??...that makes a difference??? First degree murder is a crime!!!

...unless it's committed by the State of Texas, you mean?

So it would appear. The Death Penalty is a political tool for prosecuting district attorneys - I still remember the story about the DA who wanted to medicate a diagnosed schizophrenic to "uncrazy" the guy so he could be executed (a legal loophole prevented the execution of the mentally incompetant).

As I said, (again not knowing the facts of this case) it seems bizarre to me that someone could be executed if they don't have a history of violent criminal behaviour.

There's also the wider issue that a person can be tried and punished for a much more serious crime than they have actually committed.

Case in point - When we were living in California, a teenage relative of a family friend (with no criminal history of any kind) was taken to court by a girl he had been going out with (who accused him of harrassment). It was basically your usual story of young love gone sour - but to everyone's horror the prosecuting DA was pushing for charges of first degree rape with a maximum sentence of 25 years and up.

i don't quite understand why you think one can't be executed just because they don't have a history of violent behavior. how many murders does one need to commit before you would agree they need to be put down?

that one about the kid facing 25 years is a bit out in left field though.

I 'think' one should not be executed who doesn't have a history of violent criminal behaviour and who is below a certain age. It's moot anyway - as I'm generally opposed to the death penalty anyway.

Why did I point out the example of my friend - because you don't necessarily have to have done anything substantive to find yourself on the receiving end of massively trumped up charges that bear little relation to what you actually did. More than a few District Attorneys seem to be budding Monsieur De Villeforts.

I'm not saying the guy isn't guilty - just that the sentence for such a young person seems excessive. I mean.... is this guy Charles Manson or something?

Here's a controversial case from the UK - how would you have handled this one? 14 year-olds hanging from the yard arm?

http://en.wikipedia.org/wiki/Jamie_Bulger#The_murder

Edited December 11, 2006 by erekose

[Ban Hammer 14,600]

I 'think' one should not be executed who doesn't have a history of violent criminal behaviour and below a certain age. It's moot anyway - as I'm generally opposed to the death penalty anyway.

Why did I point out the example of my friend - because you don't necessarily have to have done anything substantive to find yourself on the receiving end of massively trumped up charges that bear little relation to what you actually did. More than a few District Attorneys seem to be budding Monsieur De Villeforts.

Here's a controversial case from the UK - how would you have handled this one? 14 year-olds hanging from the yard arm?

http://en.wikipedia.org/wiki/Jamie_Bulger#The_murder

i will agree about the age to a certain extent (say +16) depending on circumstances. if done with the intent to kill someone, that's one thing. it's another if accidental or by being reckless.

i do disagree about the history part, especially for anyone over 18. they are legal adults and they know better. i don't want to see our court system turn into "oh it's only your 2nd murder, so probation for 10 years." i firmly believe that society has an obligation to protect those who are law abiding, not coddling those who prey on society, and if that means permanent removal of those who commit violence, then so be it.

[clloyd 0]

88 countries have abolished the death penalty.

11 have abolished for all but some exceptional crimes

30 are abolitionist in practice, they have it, but have not used it in more than 10 year.

The US is only behind China, Iran and Saudi Arabia in the number of death sentences.

In 2005, China is believed to have executed 1770, 94 in Iran, 86 in Saudi Arabia and 60 in the US.

All the above from Amnesty International.

[mybackpages 0]

i don't want to see our court system turn into "oh it's only your 2nd murder, so probation for 10 years." i firmly believe that society has an obligation to protect those who are law abiding, not coddling those who prey on society, and if that means permanent removal of those who commit violence, then so be it.

If I murder someone, in most cases the death penalty is not a possible punishment in Texas. Murder alone is not a death penalty eligible crime.

[Ban Hammer 14,600]

i don't want to see our court system turn into "oh it's only your 2nd murder, so probation for 10 years." i firmly believe that society has an obligation to protect those who are law abiding, not coddling those who prey on society, and if that means permanent removal of those who commit violence, then so be it.

If I murder someone, in most cases the death penalty is not a possible punishment in Texas. Murder alone is not a death penalty eligible crime.

it seems it's already happening then.

so what is the possible punishment if you murder someone in texas?

[Trumplestiltskin 5,791]

I 'think' one should not be executed who doesn't have a history of violent criminal behaviour and below a certain age. It's moot anyway - as I'm generally opposed to the death penalty anyway.

Why did I point out the example of my friend - because you don't necessarily have to have done anything substantive to find yourself on the receiving end of massively trumped up charges that bear little relation to what you actually did. More than a few District Attorneys seem to be budding Monsieur De Villeforts.

Here's a controversial case from the UK - how would you have handled this one? 14 year-olds hanging from the yard arm?

http://en.wikipedia.org/wiki/Jamie_Bulger#The_murder

i will agree about the age to a certain extent (say +16) depending on circumstances. if done with the intent to kill someone, that's one thing. it's another if accidental or by being reckless.

i do disagree about the history part, especially for anyone over 18. they are legal adults and they know better. i don't want to see our court system turn into "oh it's only your 2nd murder, so probation for 10 years." i firmly believe that society has an obligation to protect those who are law abiding, not coddling those who prey on society, and if that means permanent removal of those who commit violence, then so be it.

There's no reason to think that it would happen. If you kill someone you will almost always go to jail for it. Which is why the courts are supposed to render a judgment based on the specifics of the case and the unique nature of the crime and the remorse / lack of it by the perpetrator.

But still you have cases like the one in LA last year where the guy parked his car on railway tracks in a suicide attempt. A person who does something like that is clearly not in their right mind - but that didn't stop the DA pursuing first degree murder charges for the people killed in the train de-railment. As it was multiple manslaughter cases would have carried a term of (at a guess) 30-odd years, and the judge gets to decide whether or not he will receive parole.

[Trumplestiltskin 5,791]

i don't want to see our court system turn into "oh it's only your 2nd murder, so probation for 10 years." i firmly believe that society has an obligation to protect those who are law abiding, not coddling those who prey on society, and if that means permanent removal of those who commit violence, then so be it.

If I murder someone, in most cases the death penalty is not a possible punishment in Texas. Murder alone is not a death penalty eligible crime.

it seems it's already happening then.

so what is the possible punishment if you murder someone in texas?

Life without parole?

[Ban Hammer 14,600]

First time offense??...that makes a difference??? First degree murder is a crime!!!

...unless it's committed by the State of Texas, you mean?

So it would appear. The Death Penalty is a political tool for prosecuting district attorneys - I still remember the story about the DA who wanted to medicate a diagnosed schizophrenic to "uncrazy" the guy so he could be executed (a legal loophole prevented the execution of the mentally incompetant).

As I said, (again not knowing the facts of this case) it seems bizarre to me that someone could be executed if they don't have a history of violent criminal behaviour.

There's also the wider issue that a person can be tried and punished for a much more serious crime than they have actually committed.

Case in point - When we were living in California, a teenage relative of a family friend (with no criminal history of any kind) was taken to court by a girl he had been going out with (who accused him of harrassment). It was basically your usual story of young love gone sour - but to everyone's horror the prosecuting DA was pushing for charges of first degree rape with a maximum sentence of 25 years and up.

Some argue that if Texas had the option of life without parole, jurors would be less likely to opt for the death penalty.

Is Life Without Parole an Option?Yes

link

[Ban Hammer 14,600]

i don't want to see our court system turn into "oh it's only your 2nd murder, so probation for 10 years." i firmly believe that society has an obligation to protect those who are law abiding, not coddling those who prey on society, and if that means permanent removal of those who commit violence, then so be it.

If I murder someone, in most cases the death penalty is not a possible punishment in Texas. Murder alone is not a death penalty eligible crime.

it seems it's already happening then.

so what is the possible punishment if you murder someone in texas?

Life without parole?

that is one option......

If an individual is convicted of a capital felony, he or she may be subject to punishment by death, if the State sought such punishment. A capital felony is one in which an individual "intentionally or knowingly causes the death of an individual," under special circumstances. In particular, the:

-murder of a public safety officer, firefighter, or correctional employee;

-murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson);

-murder for remuneration; multiple murders; <LI>murder during prison escape; murder of a correctional officer;

-murder by a state prison inmate who is serving a life sentence for any of five offenses; [or]

-murder of an individual under six years of age¹.

In Texas, a person must be of at least 17 years of age at the time of the crime to have the death penalty imposed upon him or her². After the verdict is rendered, if the defendant is found guilty, the case is automatically appealed to the Court of Criminal Appeals³.

If the prisoner loses in the Court of Criminal Appeals, he/she may then appeal the case to the following courts:

-the Texas Supreme Court;

-the U.S. Circuit Court of Appeals; and finally to

-the United States Supreme Court.

link

Edited December 11, 2006 by charlesandnessa

[mybackpages 0]

First time offense??...that makes a difference??? First degree murder is a crime!!!

...unless it's committed by the State of Texas, you mean?

So it would appear. The Death Penalty is a political tool for prosecuting district attorneys - I still remember the story about the DA who wanted to medicate a diagnosed schizophrenic to "uncrazy" the guy so he could be executed (a legal loophole prevented the execution of the mentally incompetant).

As I said, (again not knowing the facts of this case) it seems bizarre to me that someone could be executed if they don't have a history of violent criminal behaviour.

There's also the wider issue that a person can be tried and punished for a much more serious crime than they have actually committed.

Case in point - When we were living in California, a teenage relative of a family friend (with no criminal history of any kind) was taken to court by a girl he had been going out with (who accused him of harrassment). It was basically your usual story of young love gone sour - but to everyone's horror the prosecuting DA was pushing for charges of first degree rape with a maximum sentence of 25 years and up.

Some argue that if Texas had the option of life without parole, jurors would be less likely to opt for the death penalty.

Is Life Without Parole an Option?Yes

link

Yes you are correct, it was recently signed into law. The argument has alwys been by some that if Texas had this option, the death penalty would be less likley to be used. Only time will tell.

[Trumplestiltskin 5,791]

First time offense??...that makes a difference??? First degree murder is a crime!!!

...unless it's committed by the State of Texas, you mean?

So it would appear. The Death Penalty is a political tool for prosecuting district attorneys - I still remember the story about the DA who wanted to medicate a diagnosed schizophrenic to "uncrazy" the guy so he could be executed (a legal loophole prevented the execution of the mentally incompetant).

As I said, (again not knowing the facts of this case) it seems bizarre to me that someone could be executed if they don't have a history of violent criminal behaviour.

There's also the wider issue that a person can be tried and punished for a much more serious crime than they have actually committed.

Case in point - When we were living in California, a teenage relative of a family friend (with no criminal history of any kind) was taken to court by a girl he had been going out with (who accused him of harrassment). It was basically your usual story of young love gone sour - but to everyone's horror the prosecuting DA was pushing for charges of first degree rape with a maximum sentence of 25 years and up.

Some argue that if Texas had the option of life without parole, jurors would be less likely to opt for the death penalty.

Is Life Without Parole an Option?Yes

link

Yes you are correct, it was recently signed into law. The argument has alwys been by some that if Texas had this option, the death penalty would be less likley to be used. Only time will tell.

It will be interesting to see if there is a reduction.

[Ban Hammer 14,600]

First time offense??...that makes a difference??? First degree murder is a crime!!!

...unless it's committed by the State of Texas, you mean?

So it would appear. The Death Penalty is a political tool for prosecuting district attorneys - I still remember the story about the DA who wanted to medicate a diagnosed schizophrenic to "uncrazy" the guy so he could be executed (a legal loophole prevented the execution of the mentally incompetant).

As I said, (again not knowing the facts of this case) it seems bizarre to me that someone could be executed if they don't have a history of violent criminal behaviour.

There's also the wider issue that a person can be tried and punished for a much more serious crime than they have actually committed.

Case in point - When we were living in California, a teenage relative of a family friend (with no criminal history of any kind) was taken to court by a girl he had been going out with (who accused him of harrassment). It was basically your usual story of young love gone sour - but to everyone's horror the prosecuting DA was pushing for charges of first degree rape with a maximum sentence of 25 years and up.

Some argue that if Texas had the option of life without parole, jurors would be less likely to opt for the death penalty.

Is Life Without Parole an Option?Yes

link

Yes you are correct, it was recently signed into law. The argument has alwys been by some that if Texas had this option, the death penalty would be less likley to be used. Only time will tell.

Friday, June 17, 2005

[mybackpages 0]

In Texas, a person must be of at least 17 years of age at the time of the crime to have the death penalty imposed upon him or her². After the verdict is rendered, if the defendant is found guilty, the case is automatically appealed to the Court of Criminal Appeals³.

This was declared unconstituional by the 2005 US supreme court decision which ruled executions of anyone who was under the age of 18 at teh time of the crime is a violation of the 8th amendment's no cruel and unsual punihsment clause.

[mybackpages 0]

First time offense??...that makes a difference??? First degree murder is a crime!!!

...unless it's committed by the State of Texas, you mean?

So it would appear. The Death Penalty is a political tool for prosecuting district attorneys - I still remember the story about the DA who wanted to medicate a diagnosed schizophrenic to "uncrazy" the guy so he could be executed (a legal loophole prevented the execution of the mentally incompetant).

As I said, (again not knowing the facts of this case) it seems bizarre to me that someone could be executed if they don't have a history of violent criminal behaviour.

There's also the wider issue that a person can be tried and punished for a much more serious crime than they have actually committed.

Case in point - When we were living in California, a teenage relative of a family friend (with no criminal history of any kind) was taken to court by a girl he had been going out with (who accused him of harrassment). It was basically your usual story of young love gone sour - but to everyone's horror the prosecuting DA was pushing for charges of first degree rape with a maximum sentence of 25 years and up.

Some argue that if Texas had the option of life without parole, jurors would be less likely to opt for the death penalty.

Is Life Without Parole an Option?Yes

link

Yes you are correct, it was recently signed into law. The argument has alwys been by some that if Texas had this option, the death penalty would be less likley to be used. Only time will tell.

It will be interesting to see if there is a reduction.

Executions have dropped in Texas but I am not sure if the number of cases seeking the death penalty has. Harris county (which is by and large Houston) has a prosecutor that is notorious for seeking the death penalty. Interesting poll in today's paper regarding all this.

http://www.chron.com/content/chronicle/spe...alty/index.html