74 Pro Death Penalty Quotes by Judges from the U.S.A II
"Immanuel Kant said it best. He said a society that is not willing to demand a life of somebody who has taken somebody else's life is simply immoral. So the question really... when the system works and when you manage to identify somebody who has done such heinous evil, do we as a society have a right to take his life? I think the answer's plainly yes. And I would go with Kant and I would say it is immoral for us not to." (7 November 2007 Hoover Institution Interview) "Most of us continue to believe that those who show utter contempt for human life by committing remorseless, premeditated murder justly forfeit the right to their own life."
In his dissent to a 2009 opinion in which the 9th Circuit Court of Appeals overturned the death sentence of an inmate named Scott Pinholster, Chief Judge Alex Kozinski offered a hint of the exasperation that exists with an appellate system that can string cases out for years. The trial in that case had taken place more than a quarter century earlier, Kozinski noted. Pinholster's original lawyers were dead. The California Supreme Court justice who wrote the unanimous opinion in Pinholster's direct appeal was dead. "Meanwhile, prison has been good to Pinholster," Kozinski wrote. "He sits in his cell reading Machiavelli, Voltaire and all the philosophers, drawing pictures to sell over the Internet. He enjoys the gravitas, authority and mentoring opportunities that come with being an elder in his gang, and has surgery performed on his knees at taxpayer expense. His conscience doesn't trouble him about the fact that he took the lives of two fellow human beings; he has never expressed the least remorse for his killings. The people of California are entitled to put an end to Pinholster's paid vacation."
Brutal facts have immense power; they etched deep marks in my psyche. Those who commit such atrocities, I concluded, forfeit their own right to live. We tarnish their memory of the dead and heed needless misery on their surviving families by letting the perpetrators live. [Tinkering with death 10 February 1997] Isn’t death by firing squad, with mutilation and bloodshed, more honest? [Tinkering with death 10 February 1997] It's late Saturday night. Another execution is scheduled for next week, and the machinery of death is humming through my fax. And, despite the qualms, despite the queasiness I still feel every time an execution is carried out in my jurisdiction, I tinker away. I do it because I have taken an oath. But there's more. I do it because I believe that society is entitled to take the life of those who have shown utter contempt for the lives of others. And because I hear the tortured voices of the victims crying out to me for vindication. [Tinkering with death 10 February 1997] Some federal judges considering death penalty cases say their colleagues should take notice of the suffering of crime victims, not just the possibility that an inmate being executed may feel pain. The 9th U.S. Circuit Court of Appeals on Tuesday 15 May 2012 refused to block an Arizona execution, rejecting a challenge that injection methods could cause unconstitutional pain and suffering for inmates. Several 9th Circuit judges’ dissents in the case of Samuel Lopez cited the possibility of pain during injections, but three other judges said Friday in an amended order that such concerns are groundless and misdirected. While there’s always going to a risk of some pain in an execution because it can be difficult to find veins, the “incomparable suffering the victim endured during the last desperate minutes of her life” must not be ignored, Chief Judge Alex Kozinski wrote for himself and two other judges. Kozinski quoted from a state court ruling that said there was evidence of a “bloody struggle” throughout 59-year-old Estefana Holmes’ apartment. Holmes she was gagged, blindfolded, sexually assaulted and stabbed at least 26 times. “The panel delicately omits these facts, as did our previous opinion, which merely referred to the crime as ‘brutal,’ but common decency surely calls on us to acknowledge that Lopez is not the victim here, and whatever pain he may suffer incident to his execution pales in comparison to the agony and terror he inflicted on a defenceless woman whose body he used to state his lust,” Kozinski wrote. |
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Will the economic slump and every state's need to cut budgets have an impact? Death penalty opponents say the recession has given their effort a new, non-political reason for abolition that resonates on both sides of the debate. But Professor Paul Cassell, the Ronald N. Boyce Presidential Professor of Criminal Law at the University of Utah and a death penalty expert, says that major changes are not likely to occur soon. "You can make the argument that it is cheaper not to have the death penalty" he said, but that is not what the death penalty is about. The death penalty "provides a sense of justice to the system, is a just punishment for murder and has a deterrent effect on crime," he said. "Besides, the amount of money saved is not that big compared to what the entire justice system spends." "Moreover," he said, "polls show that 70 to 80 percent of people support the death penalty. And that isn't going to change." Like most death-penalty proponents, University of Utah law professor Paul Cassell would like the time between conviction and execution to be reduced. Otherwise, he said, the death penalty works well in this country and is structured to be lenient, not barbaric. "We could make the death penalty apply evenly, but if it's applied evenly, everyone who commits murder gets the death penalty," he said. "The sorting is done by the jury.” Another account of the death penalty’s direct inhibiting effect on criminal behavior is available from the State of Kansas. United States District Judge Paul Cassell quotes the following history, in a 1988 law-review article that he co-wrote while serving as a federal prosecutor: “According to the Attorney General of Kansas, one of the contributing factors leading to the 1935 reenactment of the death penalty in Kansas for first-degree murder was the spate of deliberate killings committed in Kansas by criminals who had previously committed such crimes in surrounding states where their punishment, if captured, could have been the death penalty. These criminals admitted having chosen Kansas as the site of their crimes solely for the purpose of avoiding a death sentence in the event that they were captured.” We're Not Executing the Innocent The Wall Street Journal Friday, June 16, 2000 - The report continues what has thus far been a glaringly one‑sided national discussion of the risk of error in capital cases. Astonishingly, this debate has arisen when, contrary to urban legend, there is no credible example of any innocent person executed in this country under the modern death‑penalty system. On the other hand, innocent people undoubtedly have died because of our mistakes in failing to execute. We're Not Executing the Innocent The Wall Street Journal Friday, June 16, 2000 - Colleen Reed, among many others, deserves to be remembered in any discussion of our error rates. She was kidnapped, raped, tortured and finally murdered by Kenneth McDuff during the Christmas holidays in 1991. She would be alive today if McDuff had not narrowly escaped execution three times for two 1966 murders. His life was spared when the Supreme Court set aside death penalties in 1972, and he was paroled in 1989 because of prison overcrowding in Texas. After McDuff's release, Reed and at least eight other women died at his hands. Gov. George W. Bush approved McDuff's execution in 1998. We're Not Executing the Innocent The Wall Street Journal Friday, June 16, 2000 - While no study has precisely quantified the risk from mistakenly failing to execute justly convicted murderers, it is undisputed that we extend extraordinarily generosity to murderers. According to the National Center for Policy Analysis, the average sentence for murder and non-negligent manslaughter is less than six years. The Bureau of Justice Statistics has found that of 52,000 inmates serving time for homicide, more than 800 had previously been convicted of murder. THAT sounds like a system collapsing under the weight of its own mistakes -- and innocent people dying as a result. Abolitionist arguments concerning the death penalty always seem a bit unsatisfying. Concepts of retribution, deterrence, and just punishment are discussed in the most thoughtful terms, but nowhere do we find a clear discussion of the crimes at issue. In some ways, these discussions are a bit like playing Hamlet without the ghost—reviewing the merits of capital punishment without revealing just what a capital crime is really like and how the victims have been brutalized. [In Defense of the Death Penalty] Associate Professor of Law, University of Utah, College of Law, and former law clerk to Chief Justice Warren E. Burger. Statement before the Committee on the Judiciary, United States House of Representatives, Subcommittee on Civil and Constitutional Rights Concerning Claims of Innocence in Capital Cases (July 23, 1993) - “Given the fallibility of human judgments, the possibility exists that the use of capital punishment may result in the execution of an innocent person. The Senate Judiciary Committee has previously found this risk to be 'minimal,' a view shared by numerous scholars. As Justice Powell has noted commenting on the numerous state capital cases that have come before the Supreme Court, the 'unprecedented safeguards' already inherent in capital sentencing statutes 'ensure a degree of care in the imposition of the sentence of death that can only be described as unique.'” “Our present system of capital punishment limits the ultimate
penalty to certain specifically-defined crimes and even then, permit the
penalty of death only when the jury finds that the aggravating circumstances in
the case outweigh all mitigating circumstances. The system further provides
judicial review of capital cases. Finally, before capital sentences are carried
out, the governor or other executive official will review the sentence to
insure that it is a just one, a determination that undoubtedly considers the
evidence of the condemned defendant's guilt. Once all of those decision makers
have agreed that a death sentence is appropriate, innocent lives would be lost
from failure to impose the sentence.” “Capital sentences, when carried out, save innocent lives by permanently incapacitating murderers. Some persons who commit capital homicide will slay other innocent persons if given the opportunity to do so. The death penalty is the most effective means of preventing such killers from repeating their crimes. The next most serious penalty, life imprisonment without possibility of parole, prevents murderers from committing some crimes but does not prevent them from murdering in prison.” “The mistaken release of guilty murderers should be of far greater concern than the speculative and heretofore nonexistent risk of the mistaken execution of an innocent person.” |
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The nature of the death penalty demands that we have confidence in its credibility with respect to guilt. We must evaluate whether there are aspects of our truth finding process that must be evaluated in order to avoid areas of significant vulnerability. Should this only be where death is the consequence? In that regard, I would only say that it must be where death is the consequence. Punishment
must be certain, and it must be swift to garner respect and value. While a rush to judgment poses a significant danger to the credibility of the judicial process, so too does a casual stroll to judgment. The length of time that death penalty cases consume is simply not justifiable morally or legally. Different approaches must be evaluated and implemented. These include the use of courts of appeal to handle death penalty review, just as circuit courts of appeal are allowed to do in federal death penalty cases. The proposal of the Chief Justice of California should be supported and implemented. Retribution is not only a need of society; it is a right of those victimized. [No on Prop. 34: Let the death penalty live 28 October 2012] Every criminal conviction should be based on the highest degree of certainty, and we should certainly shore up weaknesses in the system. No one should be convicted, for example, by eyewitness and informant testimony that is not substantiated by independent evidence. But eliminating the death penalty does nothing to address these issues. [No on Prop. 34: Let the death penalty live 28 October 2012] We have no way of knowing for certain, of course, how many people are not murdered because of the existence of the death penalty, and there have been studies that concluded the death penalty had no deterrent effect, but I don't find them convincing. Why? In part because of what I saw over a long career. In cases of premeditated murder, considerable planning often goes into the act, and that planning can include the weighing of what is to be gained against the potential penalties. Any penalty can have some deterrent effect, but the more severe the penalty, the greater the disincentive to commit the crime. [No on Prop. 34: Let the death penalty live 28 October 2012] If you knew that by executing one guilty person you could save even one or two innocent people from being murdered, the moral choice seems clear. Those who criticize aggressive sentencing laws often ignore the most important moral issue. If we can, through effective sentencing, reduce victimization, then it seems to me we are morally obligated to impose sentences that have that effect. [No on Prop. 34: Let the death penalty live 28 October 2012] If the death penalty has prevented some people from being murder victims, then doing away with it would create additional murder victims. [No on Prop. 34: Let the death penalty live 28 October 2012]
I would far rather face the moral consequence of the death penalty than the consequence of innocent victims being killed. I choose innocent lives over guilty lives. [No on Prop. 34: Let the death penalty live 28 October 2012]
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On November 9, 1983 Associate U.S. Attorney General D. Lowell Jensen told a Senate subcommittee, “It is impossible to punish or even deter such prison murders because, without a death sentence, a violent life-termer has free rein "to continue to murder as opportunity and his perverse motives dictate." |
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On Friday 18 March 2011, a federal judge dismissed an appeal Friday from Nebraska death-row inmate John Lotter, who was convicted in the triple murder that inspired the 1999 film "Boys Don't Cry." U.S. District Judge Richard Kopf ruled Lotter's case has been sufficiently scrutinized by the Nebraska courts and a federal review wasn't warranted. "The Nebraska courts, and five (or more) zealous defense lawyers, have expended much sweat and treasure insuring that Lotter received a fair trial, a just sentence, a searching appeal and repeated postconviction examinations. . . . Legally speaking, if Nebraska carries out the sentence, there need be no 'second thoughts,'" the judge wrote in his 66-page decision. |
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"As long as there remains powerful evidence of strong public support for the death penalty ... we will not attempt to discern a contrary view of the public will, or to answer complex policy questions best answered by the legislative process," wrote Chief Justice Chase T. Rogers. [Monday 22 November 2011] |
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18 February 2011 – “There may not be closure today”, but Sheehan says, "I think there is peace."
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According to the Texas Monthly, when Keller was asked in a pre-election interview if she was bound to follow the law, even if it meant an unjust result. “Absolutely,” she replied. “Who is going to determine what justice is? Me? I think justice is achieved by following the law.” |
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Pennsylvania Chief Justice Ronald Castille complained this year that federally funded public defenders are thwarting the state's legal process through repeated delays and appeals. "When the families of murder victims and other concerned citizens ask why there is no effective death penalty in Pennsylvania, the dirty secret answer is: ask the federal court," Castille wrote in a sharply worded 34-page opinion this year (2011). |
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Friday 29 June 2012 - Defense attorneys for a man accused of killing a Trumann police officer sought to remove the death penalty from consideration because of a recent state Supreme Court ruling. But Circuit Judge Brent Davis ruled that justices didn't negate the death penalty — only the procedure for carrying it out. That means Jerry D. Lard, 37, of Trumann still faces a possible death sentence if convicted of the April 12, 2011, shooting death of officer Jonathan Schmidt. He's also charged with attempted capital murder in wounding Sgt. Corey Overstreet. Lard will stand trial on July 16. The case was moved to Greene County on a change of venue from Poinsett County. The state Supreme Court ruled June 22 that a 2009 act by the Legislature giving the director of the Department of Correction the ability to decide the chemical formula for lethal injection was unconstitutional. Teri Chambers, one of Lard's court-appointed defense attorneys, argued that the Supreme Court's decision invalidated the death penalty. "What's the point of having a death penalty trial when you have no method of execution?" Chambers asked. Greene County Deputy Prosecutor Andrew Fulkerson argued that death by lethal injection was authorized by a 1983 statute, which has previously been upheld by the Supreme Court. Davis agreed with Fulkerson's interpretation of last week's ruling. "It doesn't prevent the state from proceeding with a death penalty case," the judge said. "It does not prevent the court from imposing the punishment." |
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A U.S. District Court judge ruled Wednesday 21December 2011 that even if the Arizona Department of Corrections varied from its court-approved protocol for execution by lethal injection, there was no violation of prisoners' constitutional rights. And even if the drugs used in two of the last five executions in Florence were obtained unlawfully, the Corrections Department did not do so intentionally and knowingly, the judge wrote in his decision. Judge Neil Wake ruled in favor of the state, denying an injunction requiring the DOC to conform to its established protocol. "Although criminal background and professional license checks
were omitted through inadvertence, the other deviations were authorized by
Director Ryan and were neither unreasonable nor undertaken in bad faith," Wake wrote. "None of the deviations identified by plaintiffs create
substantial risk plaintiffs will not be properly anesthetized." |
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Monday 11 July 2011, the California Supreme Court upheld the death sentence of a previously convicted triple murderer Monday for fatally stabbing a fellow inmate at Salinas Valley State Prison in Soledad in 1997. Kenneth Bivert, 41, of Yolo County, was sentenced to death in Monterey County Superior Court in 2001 for murdering inmate Leonard Swartz, a convicted child molester, with a hand-made knife. Justice Kathryn Werdegar wrote, "The jurors may well have regarded the capital crime itself -- the premeditated, unprovoked killing of a fellow inmate by a life prisoner -- as egregious enough to warrant the death penalty." |
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A serial killer who kept the decomposing bodies of 11 women in his Ohio home and yard for more than two years was sentenced to the death penalty on Friday 12 August 2011. Judge Dick Ambrose accepted the jury's recommendation and ruled that Anthony Sowell's troubled childhood and mental health issues did not mitigate the seriousness of his crimes. "The court gives no weight to the defendant's expression of remorse," Ambrose said in handing down the verdict. |
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"Things have changed," Frost wrote in a 24-page ruling. "Defendants have tightened procedures and have implemented checklists and safeguards ... that, effectively employed, will serve to reinforce the protocol requirements." [Friday 4 November 2011 - A federal judge on Friday upheld changes Ohio made to its execution policies, saying the state had tightened procedures that the judge previously criticized, such as not having enough executioners on a given day.] "With some caution, the court today reaches the conclusion that the state of Ohio has apparently learned the lessons of its prior embarrassments and corrected its course," Frost wrote in a 24-page opinion. Ohio said, in effect, that it was now following its own rules and the U.S. Constitution, Frost said. "It does not matter to this court whether Ohio has acted
motivated by admirable intent or whether it has been begrudgingly dragged
toward respectability,"
Frost wrote, adding that the court remained wary because of the state's past
struggles with consistent application of the rules. |
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John A. Muhammad's "breathtaking cruelty" in masterminding a series of 16 sniper shootings that left 10 people dead in late 2002 warrants the death penalty, the Virginia Supreme Court ruled yesterday. "If society's ultimate penalty should be reserved for the most heinous offenses," Justice Donald W. Lemons wrote, "then surely this case qualifies."
On April 22, 2005, the Virginia Supreme Court affirmed his death penalty, stating that Muhammad could be sentenced to death because the murder was part of an act of terrorism. The court also rejected an argument by defense lawyers that he could not be sentenced to death because he was not the triggerman in the killings done by Muhammad and his young accomplice Lee Boyd Malvo. Virginia Supreme Court Justice Donald W. Lemons said at the time, "With calculation, extensive planning, premeditation and ruthless disregard for life, Muhammad carried out his cruel scheme of terror." |
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“Evidence
of Allen's guilt is overwhelming. Given the nature of his crimes, sentencing
him to another life term would achieve none of the traditional purposes
underlying punishment. Allen continues to pose a threat to society, indeed to
those very persons who testified against him in the Fran's Market triple-murder
trial here at issue, and has proven that he is beyond rehabilitation. He has
shown himself more than capable of arranging murders from behind bars. If the
death penalty is to serve any purpose at all, it is to prevent the very sort of
murderous conduct for which Allen was convicted.”
“His age and experience only
sharpened his ability to coldly calculate the execution of the crime. Nothing
about his current ailments reduces his culpability and thus they do not lessen
the retributive or deterrent purposes of the death penalty.”
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US District Judge William Moore held a hearing on the issue on June 24 2010. On Tuesday, the judge issued a 174-page order concluding that Davis is guilty. “This court concludes that executing an innocent person would violate the Eighth Amendment,” the judge wrote. “However, Mr. Davis is not innocent.” While reviewing Davis' claims of innocence last year, the U.S. District Court for the Southern District of Georgia found that Davis "vastly overstates the value of his evidence of innocence." "Some of the evidence is not credible and would be disregarded by a reasonable juror," Judge William T. Moore wrote in a 172-page opinion. "Other evidence that Mr. Davis brought forward is too general to provide anything more than smoke and mirrors."
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Wednesday 30 May 2012 - Lauderdale Circuit Court Judge Mike Jones said he never considers the potential cost of incarceration and future legal expenses when deciding if a defendant convicted of capital murder should be sentenced to death. He said that decision is based on the jury's recommendation and the circumstances of the homicide. When a defendant is convicted of capital murder in Alabama, the jury then hears additional evidence before recommending the death penalty or life in prison without parole as punishment. The judge is not obligated to follow the recommendation when imposing the punishment. "We don't need to put someone to death because it's cheaper than keeping them in prison for the rest of their life," she said. "At the same time, we shouldn't not put someone to death because it might be more expensive than keeping them in prison. You don't make a life or death decision based on economics." Jones has imposed the death penalty twice. He sentenced David Dewayne Riley Jr. to death in 2007 for the 2005 shooting death of Florence package store clerk Scott Michael Kirtley. He sentenced Riley, 27, to death again in 2011 after the Alabama Court of Criminal Appeals overturned his first conviction on a technicality. The jury at both trials recommended that Riley receive the death sentence for the execution-style shooting. Jones said the possible cost of sending Riley to death row never crossed his mind before carrying out the recommendation of the juries. "The Alabama Legislature may someday decide we can no longer afford to send people to death row," Jones said. "That's a decision they would have to make and until they do, I am going to continue to carry out the recommendations of juries who say someone deserves the death penalty when the circumstances of a murder warrant sending a defendant to death row." |
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"Some societies may judge our death penalty barbaric," she noted. "Most Texans, however, consider death a just penalty in certain rare circumstances. Many Europeans disagree. So be it." |
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If a criminal court judge sits on the bench long enough, he's bound to handle a capital murder case-a case in which life or death is in the hands of the judge or jury. "I've always felt the death penalty was something I wish we didn't have but it is necessary in some cases," said Criminal District Court Judge John Stevens. "Because some people are the kind of persons who would hurt an innocent human being given an opportunity in the future." [Tuesday 4 October 2011] That's a decision a jury made in the case against Lawrence Russell Brewer. He was executed September 21 in Huntsville for the dragging death of James Byrd Junior. John Stevens was the federal prosecutor in the case. Now, he's the Criminal District Court Judge. Judge Stevens believes the death penalty is justified in some crimes. "When they commit a crime we all have to be careful about doing something where they have an opportunity to hurt someone in the future, because if they do that, blood is on our hands," said Judge Stevens. "Money should not be an option," said Judge Stevens. "It should cost whatever it takes for the jury to get the information it needs to make an informed decision on whether the defendant deserves the death penalty under the law." |
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Friday 25 February 2012 - CARSON CITY — The Nevada Supreme Court has denied the appeal of death row inmate Curtis Guy, convicted of killing another man in Las Vegas after a drug buy. The court rejected the petition of Guy, who claimed his lawyer was ineffective numerous times during his trial and penalty hearing. Justice Nancy Saitta, who wrote the unanimous decision, said, “We conclude that Guy failed to make any meritorious claims of ineffective assistance of counsel.” |
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Wednesday 27 April 2011 - Judge Richard Buchter said he would have given Carlos Salazar Cruz the death penalty if he could have, saying it was perhaps the most senseless and brutal crime he had ever seen. "We had torture, we had sex crimes, it just... you heard the sentencing. Yes, I feel I really had a hard time keeping it together. It was awful, awful," he said. In court, Buchter mocked Cruz's excuses. "Her life was so cruelly and wantonly snuffed out by the senseless act of this barbaric defendant," Buchter said. "He wasn't too drunk to strike the victim over the head with sufficient force to kill her. This is the crime of a sociopath, a psychopath, and not merely an alcoholic." Buchter noted that the deliveryman slipped into the country illegally in 1998 and should have been deported. "We needed this defendant in this country like we need the plague," Buchter said. |
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Serial killer Alfredo Prieto, convicted of three murders and suspected of six more, was given two death sentences Thursday morning by a Fairfax County judge. Prieto, 45, was convicted of the rape and capital murder of Rachael A. Raver, 22, and the capital murder of Warren H. Fulton III, 22, in a vacant lot near Reston in December 1988. He also was convicted of the rape and capital murder of Yvette Woodruff, 15, in Ontario, Calif., in 1990, and has been on death row in California since 1992. While in prison in California, Prieto's DNA was linked to the Raver-Fulton homicides, and also the rape and murder of Veronica "Tina" Jefferson, 24, in Arlington in May 1988. A Fairfax jury in November imposed the death sentences on Prieto, and Fairfax Circuit Court Judge Randy I. Bellows said he saw no reason to reduce the sentences to life without parole. "What you did to those two young people was vile and horrible and beyond the pale," the judge said. Prosecutors said Prieto shot both Raver and Fulton in the back, and then raped Raver as she bled to death.
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Mississippi Justice James Graves Jr. clarified his position on the death penalty Wednesday during a Senate hearing on his nomination for a federal judgeship. Responding to a question from Sen. Jeff Sessions, R-Ala., Graves explained that he joined a dissenting opinion in a capital murder case for reasons related only to claims by the defendant, Anthony Doss, that his attorneys had been ineffective and that he was mentally retarded. "I take responsibility for joining that opinion, but I have not now nor have I ever subscribed to any point of view that the death penalty was unconstitutional," Graves told members of the Senate Judiciary Committee. "The United States Supreme Court has determined that the death penalty does not constitute cruel and unusual punishment. I would follow the law as handed down by the United States Supreme Court." |
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A judge ruled Wednesday that serial killer Angel Maturino Resendiz, who gained notoriety as the "Railroad Killer" linked to at least 15 murders across the country, is mentally competent to be executed next week for the 1998 rape-slaying of a Texas doctor. Resendiz' attorneys had argued that the 46-year-old Mexican national is delusional and believes he is half-man, half-angel and will return three days after going to the death chamber. "He knows he's been convicted of capital murder," State District Judge William Harmon said Wednesday at the conclusion of a three-day hearing. "He knows he's received a death sentence and he knows that today. And he knows he's going to be executed on Tuesday." |
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"You shall be put to death in a manner described by law." (Sentencing Ricardo Villa to death) |
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Thursday 27 October 2011 – The judge spent just one night deliberating over his decision in sentencing Eric Robert for the murder of Senior Corrections Officer Ronald Johnson. But even with Robert pleading guilty to his crime there was a lot more that went into the Judge's decision. It's a decision that was read aloud Thursday in court and one that is eleven pages long. "The court does find that the facts set forth are relevant and credible and adopts them in the decision here in." Said Judge Brad Zell. After three days of testimony Judge Zell weighed all the evidence and facts collected in the case before sentencing Eric Robert. Under South Dakota law, a case must have at least one of ten aggravating factors in order for the death penalty to be appropriate. The state brought forth five total aggravating factors against Robert. The judge acknowledged two of those factors in his decision. Saying the state proved that Robert killed an officer who was on duty and the offense was done by a person in custody. "Robert went beyond in incapacitating RJ in his attempt to escape, the number of blows and excessive force exerted on RJ exhibited evidence of extreme anger to the point of hatred." Said Judge Zell. "The only effective and reasonable punishment in the totality of this manner is the imposition of the death penalty." Said Judge Zell. It's a decision the Johnson family has wanted all along, but the judge knows his verdict does not replace the loss felt by the family. "The court renders it's sympathy and condolences to the Johnson family it can only offer healing, healing that comes from the grace of God. May God's peace go with you. Court is in recess." Said Judge Zell. Rodney Berget of Sioux Falls, pleaded guilty to murder of Correctional Officer Ronald “R.J.” Johnson last year and sentenced to death Monday 6 February 2012. Execution date not set. By the end of the year, Eric Robert and Rodney Berget probably will be dead. The same judge has now sentenced both inmates to death by lethal injection for murdering Corrections Officer Ronald “R.J.” Johnson as he covered a co-worker’s shift on his 63rd birthday, then using his uniform to try to escape from prison. Both men pleaded guilty to first-degree murder last year and told Judge Brad Zell they deserved to die for the crime. Johnson’s family and Attorney General Marty Jackley agreed. On Monday, Zell issued a death sentence for Berget, just as he had done for Robert last October, pushing the number of inmates on South Dakota’s death row to five: Berget joins Robert, Donald Moeller, Briley Piper and Charles Rhines. In a 20-minute hearing before a packed courtroom, Zell read his 14-page written verdict aloud and left Berget with the same parting words he’d used for Robert: “May God have mercy on your soul,” he said. The judge rejected each argument. Rather, the death penalty will serve as a deterrent to future violence for the man the judge was most concerned about as a future danger: Rodney Berget. Even if Berget and Robert see execution as a means to freedom from a lifetime at the penitentiary, Zell said, most of their fellow inmates do not. “This court does not accept the premise that a penalty of death is an incentive for other inmates to commit acts of violence,” Zell said. “The penalty of death has been in existence in this state for a lengthy period of time and this is one of the first cases of its type. If not a deterrent for other inmates, a penalty of death would definitely be a deterrent for Berget in attempting this type of crime again.” |
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Congress limits judicial review of death penalty casesSEN. FEINGOLD: Your record in death penalty case has been more anti-capital defendant even than most Republican-appointed judges. In every disputed capital case that you heard? Cases in which a panel of three judges did not all agree? You would have ruled against the defendant. ALITO: I’ve only sat on a handful of capital cases, and in some of them I voted to uphold the death penalty and in a number of them I voted to strike down the death penalty.
FEINGOLD: What are your views on the potential of these three issues? The jury selection, the inadequate representation and an elected judiciary? To skew a capital prosecution against the defendant? ALITO: I think the elected judges in Pennsylvania do a conscientious effort to carry out their responsibilities. Congress reformulated the standards in AEDPA, in the Antiterrorism and Effective Death Penalty Act of 1996, limiting our review, and it is our obligation to conduct the kind of review that Congress has indicated we should be conducting. |
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On Friday 15 October 2010, Jurors are to decide next week whether Hayes will get the death penalty or life in prison for the July 23, 2007, slayings of Jennifer Hawke-Petit and her daughters, Hayley, 17 and Michaela, 11, in the course of a break-in, robbery and arson at their home in Cheshire. In the Wednesday pre-sentencing hearing in New Haven for Steven Hayes, 47, of Winsted, Judge Jon C. Blue said juries in penalty phases of capital cases are "charged with the task of using reasoned moral judgment, not counting dollars and cents," the Hartford Courant reported Thursday. "Economic arguments tailored to specific individuals are not only irrelevant but perverse," Blue wrote. "From an economic view, it will thus be more expensive to incarcerate the younger defendant for the remainder of his life and -- in strict economic terms -- more cost-effective to execute him. ... This argument plainly makes no moral sense." Friday 27 Janaury 2012 - NEW HAVEN, Connecticut (Reuters) - A judge ordered Joshua Komisarjevsky to be executed this summer for the 2007 murders of a mother and her two daughters during a brutal home invasion in Connecticut, saying on Friday that he committed a crime of "unimaginable horror." Judge Jon Blue told Komisarjevsky, 31, that he alone was to blame for his new address on death row after the triple murders of Jennifer Hawke-Petit, 48, and her daughters Hayley Petit, 17, and Michaela Petit, 11, and beating of husband and father Dr. William Petit Jr. "This is a terrible sentence but one you have written for yourself," Blue told Komisarjevsky in New Haven Superior Court. "Your crime was one of unimaginable horror and sadness," the judge said. "Your fate is now in the hands of others. May God have mercy on your soul." |
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“I am fully prepared to argue, consistent with Supreme Court precedents, that the death penalty is constitutional. As Solicitor General, I would represent the interests of the United States, as expressed in legislation and executive policy. Like other nominees to the Solicitor General position, I have refrained from providing my personal opinions (except where I previously have disclosed them), both because these opinions will play no part in my official decisions and because such statements of opinion might be used to undermine the interests of the United States in litigation. But I can say that nothing about my personal views regarding the death penalty (relating either to policy or law) would make it difficult for me to carry out the Solicitor General’s responsibilities in this area.” |
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At the first meeting [Thursday 3 November 2011] of the Joint Task Force to Review the Administration of Ohio's Death Penalty, Supreme Court of Ohio Chief Justice Maureen O'Connor outlined the group's charge. "It should be made perfectly clear from the outset that this task force is not being asked to make a judgment on whether Ohio should or should not have the death penalty," Chief Justice O'Connor said during her welcoming remarks. "This will not be your charge. What you are being asked to do is provide to the Court and the state bar guidance on the current laws on the subject, the practices in other jurisdictions, the data, the costs, and many other aspects associated with the death penalty." |
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On Friday 10 July 2009, a judge has affirmed Washington state's procedures for executing prisoners by lethal injection, turning aside complaints that condemned inmates could be partially conscious when fatal drugs flow into their veins. In a ruling released Friday, Thurston County Superior Court Judge Chris Wickham said that the inmates presented no evidence that the state "intended to impose punishment that was 'cruel."' "The procedure to be used by defendants, although not fail-safe, appears to have been designed to administer the death penalty in a way that is humane for the inmate and the observers," Wickham wrote. "It is an attempt to provide some dignity to this most grave event."
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A man convicted and sentenced to death for the murder and dismemberment of the mother of their three children was given an additional 18 years in prison Tuesday 30 August 2011. James Hawkins, who has 19 prior felony convictions, was sentenced to the maximum 12 years for filing a false missing person report and six years for abuse of a corpse. The judge called Hawkins a dangerous, professional, career offender who has little regard for human life. "Society needs to be protected from him," said Criminal Court Judge Chris Craft, adding that the death penalty was not a certainty. "The laws could change. Charles Manson once was under the death penalty and now he comes up for parole every year." |
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Referring to the death sentence given to Cop killer, Derrick Powell on Friday 20 May 2011 – "He is explosive. He is violent. He is a dangerous person," Graves said, adding that "there are consequences to decisions made in life." After reviewing all the evidence and the jury's 7-5 recommendation that Powell be executed, Graves said he concluded that the aggravating circumstances favoring the death penalty outweighed the mitigating circumstances favoring life without parole. "The sentence, therefore, must be death," the judge said, as soft applause from the supporters of Spicer's family mixed with sobbing from Powell's mother and stepmother. |