The California death penalty has been ruled unconstitutional by a - TopicsExpress



          

The California death penalty has been ruled unconstitutional by a judge who found it dysfunctional and arbitrary. U.S. Dis­trict Judge Cor­mac J. Car­ney criticized California’s death penalty system while ruling in the case of a man whod been sentenced to death in 1995. Carney says long and unpredictable delays have created a system of arbitrary punishment. He says that violates the US Constitution. UC Berkeley Law Professor Elisabeth Semel, who directs the school’s Death Penalty Clinic, says that’s an important distinction. “If the system is arbitrary, then it doesn’t serve the legitimate purposes of capital punishment, at least as the US Supreme Court has declared them,” she says. “It doesn’t deter and it doesn’t serve the purpose of retribution.” However, Semel says, people should not misunderstanding the ruling. She says while the decision is significant, right now it only applies to a single case. Still, UC Davis Law Professor Gabriel Chin says Carney’s decision was clearly thoughtful and included supporting opinions from other judges. Chin says the death penalty is permissible if it carried out fairly. But he says California’s system lacks critical resources. “And if they poured lawyers into it and if they poured money into it, they could move the cases along, he says. But California, it seems like on the one hand they want to have the death penalty in principle, but on the other hand they don’t want to fund it in a way that makes it functional.” In his opinion Carney stated the average inmate waits on death row for 25 years. Of the more than 900 California inmates sentenced to death since 1978, only 13 have actually been executed. The Attorney Generals office says its reviewing the ruling. Steve Walker, spokesman for San Diego District Attorney Bonnie Dumanis, released this statement in reaction: “We are reviewing today’s decision. The District Attorney’s Office consistently reserves the death penalty for the worst of the worst violent offenders and that decision is made only after a comprehensive and thoughtful process. A death sentence is given to fewer than two percent of convicted murderers in California. We will continue to follow whatever the state law is regarding the death penalty.” But Justin Brooks, of the California Western School of Laws Innocence Project, called the judges ruling a great decision. Ive always believed, as many people have believed, that the death penalty is cruel and unusual punishment, Brooks said. The randomness of executions in California really shows how the system is completely broken. Its really a failed 40-year experiment. Death Row Inmates Sentenced In San Diego There are 748 inmates currently on death row in California, 40 were sentenced in San Diego County. Eric Anderson, on death row since 2005 Hector Ayala, on death row since 1989 Ronaldo Ayala, on death row since 1989 Steven Bell, on death row since 1994 Terry Bemore, on death row since 1989 Christopher Box, on death row since 1991 Manuel Bracamontes, on death row since 2005 Adrian Camacho, on death row since 2006 David Carpenter, on death row since 1984 Dean Carter, on death row since 1990 Tecumseh Colbert, on death row since 2008 Kevin Cooper, on death row since 1985 Kerry Dalton, on death row since 1995 Scott Erskine, on death row since 2004 Susan Eubanks, on death row since 1999 Michael Flinner, on death row since 2004 Johnaton George, on death row since 1995 Ivan Gonzales, on death row since 1998 Veronica Gonzales, on death row since 1998 Bernard Hamilton, on death row since 1981 Jaime Hoyos, on death row since 1994 Bryan Jones, on death row since 1994 Robert Jurado, on death row since 1994 David Lucas, on death row since 1989 Kurt Michaels, on death row since 1990 Calvin Parker, on death row since 2003 Cleophus Prince, on death row since 1993 Jean Rices, on death row since 2009 Ramon Rogers, on death row since 1997 Rudolph Roybal, on death row since 1992 Richard Samayoa, on death row since 1988 Brandon Taylor, on death row since 1997 Correll Thomas, on death row since 1999 Derlyn Threats, on death row since 2010 Billy Waldon, on death row since 1992 Randall Wall, on death row since 1995 Latwon Weaver, on death row since 1993 David Westerfield, on death row since 2003 George Williams, on death row since 2005 Jeffrey Young, on death row since 2006 Source: California Department of Corrections and Rehabilitation Katie Orr / Capital Public Radio Related Content Federal Judge Declares Death Penalty Unconstitutional In California | July 16, 2014 US Judge Rules Against California Death Penalty | July 16, 2014 Despite Death Penalty Repeal, Conn. 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Posted on: Thu, 17 Jul 2014 21:38:18 +0000

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