Ice Cream Jonsey wrote: Wed Aug 12, 2020 5:05 pm
Commander, can we get your breakdown as to which of the death row guys you'd execute and which you'd just give life in prison to?
As an atheist, I say, "Kill 'em all and let God sort it out!"
Casual Observer wrote: Wed Aug 12, 2020 5:34 pm
Ice Cream Jonsey wrote: Wed Aug 12, 2020 5:05 pm
Commander, can we get your breakdown as to which of the death row guys you'd execute and which you'd just give life in prison to?
Even better here's a game for tDarcos: Execute, Pardon, or Fuck. Go ahead, rate them all.
I don't do guys, so as Ronny Cox said in
Total Recall, "Fuck 'em. It'll teach the others a lesson."
Despite the "Antiterrorism and Effective Death Penalty Act of 1996," [1] which was supposed to speed up the process, executions take longer than ever. Even back when Sacco and Vanzetti were sentenced to death in Massachusetts - a case it is conceded was incorrectly decided[2] - it took
seven years for the sentence to be carried out after all appeals were exhausted.
Take your typical murder case. First, in most cases there is a presentment to a grand jury, which if a true bill is returned to the court that convened it, the accused is indicted and a warrant issued for their arrest. Once found, the accused is brough before a court to enter a plea, this is arraignment. If they don't have counsel there may be temporary counsel appointed for them for this purpose. Presuming they plead not guilty, a trial is scheduled and the same or different counsel may be assigned. In most states at this time the prosecution must give notice to the defendant (or their counsel) if they plan to seek the death penalty.
The defendant has the exclusive option whether or not they will be tried by a judge or a jury. The prosecution cannot ask for a jury if the defendant chooses not to have one. Very rare, but sometimes it happens. Presuming there is a jury, jury selection takes place. There is a trial. The jury goes to delibrate. If they find the defendant not guilty, the case is over. If they find the defendant guilty of anything less than First Degree murder, they are dismissed and the judge will impose sentence, usually a few days to a few weeks later after certain reeports are made.
If the jury votes to convict for first degree murder, there is a brand new trial, called the penalty phase. The jury decides whether to give the defendant death or life imprisonment. To vote for death, there have to be "aggravating factors," like lying in wait, killing during commission of a felony, torture, killing a witness to another crime, etc. The jury can also hear "mitigating factors," which might mean the defendant should not be executed. Then the jury goes out to deliberate the penalty, which for death must be unanimous.
In some states if there is a hung jury, it's a mistrial but only on the penalty; they are tried again but in theory the new jury only decides life or death. In practice it effectively means the whole trial is repeated. In some states a hung jury in the penalty phase means the defendant automatically gets life.
When the jury decides to impose death the court in some states can treat the jury's decision as advisory and sentence the defendant to life. This almost never happens. The court cannot, however, override a jury verdict of life and impose death; a jury verdict of life is technically the equivalent of an acquittal of the death penakty.
So the conviction is then automatically appealed by law by the prosecution to the highest state court, which in all but 2 of the 25 states that have the death penalty is the Supreme Court (Texas and I think Oklahoma have a separate Court of Criminal Appeals.) Typically the defendant will have different lawyers for the appeal, since they can raise "ineffective assistance of counsel," meaning the trial lawyers did not provide a proper defense.
Presuming the appellate court upholds the sentence of death, they cam appeal to the US Supreme Court. If either the Court declines the petition, or upholds the sentence, then the defendant files petitions for writ of
Habeas corpus, possibly at state level forst, then once all appeals are exhausted, they file federal
habeas petition.
Once those are exhausted, then an order for execution is issued. If there is no clemency or stay, and further court appeals are fruitless, the exceution takes place. The whole process takes years.
[1] I am not kidding, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is an actual law. It reduces the means by which a person can file collateral attacks on a state death sentence in federal court, supposedly to speed up executions. This means appellate counsel must frame much more complicated
habeas corpus petitions which require more time to respond, this being essentially the only option left. Plus all the other cases due to lots more drug crimes being appealed means most executions now take 15-20 years from conviction.
[2] Over 50 years after they were executed, the Governor of Massachusetts issued a pardon for Sacco and Vanzetti.