For context, this is one of the first major stories from the Marshall Project, Neil Barsky and Bill Keller's non-profit journalism organization focusing on the criminal justice system. I look forward to seeing more. posted by zachlipton at 12:09 AM on November 17, 2014
There's an excellent piece in the current New Yorker about an Alabama law which allows judges to reverse a jury's rejection of the death penalty. Often, the motivation seems to be that sending a "tough on crime" message helps the judge win re-election.
State sanctioned killing? I have RTFA, but this is ISIS in translation right? posted by Samuel Farrow at 1:11 AM on November 17, 2014
Harrowing. I read both articles and it's hard to discern which is the greater problem here - the moving deadline or incompetent counsel. I would argue that incompetent counsel is the greater problem, as giving these fools an extra year or two to file one petition wouldn't actually help, since they leave everything to the last minute anyway. posted by stowaway at 8:02 AM on November 17, 2014
I read both articles and it's hard to discern which is the greater problem here - the moving deadline or incompetent counsel.
You forget the third problem, the prosecutors who refuse to admit that they could be incorrect and taking advantage of any technicality to see that the only thing served is their own win/loss record. posted by Talez at 8:11 AM on November 17, 2014 [2 favorites]
From the New Yorker article: "Jackson¡¯s two court-appointed lawyers¡ªgeneral practitioners who had never served as lead counsel in a capital trial"
Alabama has a huge indigent defense problem. Only two counties in the state even have a public defender's office. Montgomery isn't in one of those counties. Everywhere else, private attorneys are appointed by the court, and their compensation is set by state law at $40/hour out of court and $60/hour in court, with a maximum total fee of $2000. Even for a capital murder defendant. That's about what attorneys in private practice charge for a simple DUI that doesn't even involve a jury. posted by fogovonslack at 9:27 AM on November 17, 2014 [1 favorite]
There's an excellent piece in the current New Yorker about an Alabama law which allows judges to reverse a jury's rejection of the death penalty. Often, the motivation seems to be that sending a "tough on crime" message helps the judge win re-election.
This is absolutely horrifying.
The judge, Robert E. Lee Key, Jr., had McMillian await trial on death row, as if a death sentence were a foregone conclusion, and relocated the trial from a county that was forty per cent black to an overwhelmingly white one. The trial lasted a day and a half. Twelve defense witnesses swore that McMillian was at home on the day of the crime, hosting a fish fry. There was no physical evidence. Nevertheless, the jury found McMillian guilty based on the testimony of three state¡¯s witnesses, two of whom reported seeing McMillian¡¯s truck at the dry cleaner¡¯s around the time that Morrison was strangled and shot. The jury recommended life in prison. In overriding this decision, Judge Key remarked that McMillian deserved to be executed for the ¡°brutal killing of a young lady in the first full flower of adulthood.¡± The Judge¡¯s confidence was misplaced¡ªMcMillian was exonerated after his appellate lawyers discovered that prosecutors had withheld evidence and that the state¡¯s star witnesses had lied. By the time McMillian was set free, in 1993, he had spent six years on death row.
What the fuck?
More than twenty override decisions have involved white defendants, but in some of these cases, too, the judge¡¯s reasoning has had a racial subtext. In 2000, a judge ordering the death of a white defendant noted that if he hadn¡¯t overridden the jury he¡¯d have ¡°sentenced three black people to death and no white people.¡± The comment has been interpreted as an attempt to cover up racial disparities in the death penalty. Race is ¡°a real consideration here,¡± Douglas Johnstone, a retired Alabama Supreme Court justice, told me. Some judges, he said, ¡°want to make sure they put enough white people to death to hang on to the prerogative¡± of override.
WHAT THE FUCK?
Rehnquist's legacy of McCleskey v. Kemp continues to fuck people. It's like the gift that keeps on giving long after that bastard died. posted by Talez at 9:36 AM on November 17, 2014 [1 favorite]
But Rouse's final appeal was never heard. Under the Antiterrorism and Effective Death Penalty Act of 1996, Rouse's lawyers had just one year after his initial state appeal to petition for a last-resort hearing in federal court.
Just how toxic the combination of Newt Gingrich's "Contract [on] America" and Bill Clinton was slowly reveals itself over time to be much, much more than originally thought. posted by Mental Wimp at 10:57 AM on November 17, 2014
¡°Sometimes you just have to put ¡¯em down.¡±
Our elected judiciary at work. The best money can buy. posted by fogovonslack at 11:14 AM on November 17, 2014
« Older We may get a shirt celebrating women in science. | Pas d'erreur Newer »
This thread has been archived and is closed to new comments
¡°Why?¡± asked Larry, in his practical way. "Sergeant," admonished the Lieutenant, "you mustn't use such language to your men." "Yes," accorded Shorty; "we'll git some rations from camp by this evenin'. Cap will look out for that. Meanwhile, I'll take out two or three o' the boys on a scout into the country, to see if we can't pick up something to eat." Marvor, however, didn't seem satisfied. "The masters always speak truth," he said. "Is this what you tell me?" MRS. B.: Why are they let, then? My song is short. I am near the dead. So Albert's letter remained unanswered¡ªCaro felt that Reuben was unjust. She had grown very critical of him lately, and a smarting dislike coloured her [Pg 337]judgments. After all, it was he who had driven everybody to whatever it was that had disgraced him. He was to blame for Robert's theft, for Albert's treachery, for Richard's base dependence on the Bardons, for George's death, for Benjamin's disappearance, for Tilly's marriage, for Rose's elopement¡ªit was a heavy load, but Caro put the whole of it on Reuben's shoulders, and added, moreover, the tragedy of her own warped life. He was a tyrant, who sucked his children's blood, and cursed them when they succeeded in breaking free. "Tell my lord," said Calverley, "I will attend him instantly." HoME²Ô¾®¿Õ·¬ºÅѸÀ×Á´½Ó
ENTER NUMBET 0017 www.judui7.net.cn www.socf.com.cn suli3.com.cn haoji4.com.cn www.dishi8.net.cn www.sheni5.net.cn www.jumen4.net.cn xuhua4.com.cn jiebi8.com.cn www.ashenqi.com.cn
posted by zachlipton at 12:09 AM on November 17, 2014