Thread: Federal judge rules California death penalty is unconstitutional

Federal judge rules California death penalty is unconstitutional

CAPTIONSan QuentinEric Risberg / Associated Press
San Quentin State Prison, opened in 1852 on the shore of San Francisco Bay, is the state's oldest prison and home to California's only death row.

By MAURA DOLANcontact the reporter

A federal judge has ruled California's death penalty unconstitutional

Long delays in California executions violate Constitution's ban on cruel and unusual punishment, judge rules


A federal judge in Orange County ruled Wednesday that California’s death penalty violates the U.S. Constitution’s ban on cruel and unusual punishment.

U.S. District Judge Cormac J. Carney, ruled on a petition by death row inmate Ernest Dewayne Jones, who was sentenced to die nearly two decades ago.
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FOR THE RECORD

A federal judge has declared California's death penalty unconstitutional.


July 16, 1:16 p.m.: An earlier version of this post said U.S. District Judge Cormac J. Carney was a federal judge in Los Angeles. He is a federal judge in Orange County.
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Carney said the state’s death penalty has created long delays and uncertainty for inmates, most of whom will never be executed.

He noted that more than 900 people have been sentenced to death in California since 1978 but only 13 have been executed.

“For the rest, the dysfunctional administration of California’s death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay preceding their actual execution,” Carney wrote.

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Carney’s ruling can be appealed to the U.S. 9th Circuit Court of Appeals.

Carney, an appointee of former President George W. Bush, said the delays have created a “system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed,” Carney said.

In overturning Jones’ death sentence, Carney noted that the inmate faced “complete uncertainty as to when, or even whether" he will be executed.


U.S. District Judge Cormac J. Carney, shown in 2005, ruled Wednesday that California's death penalty is unconstitutional. (Mark Boster / Los Angeles Times)

The “random few” who will be executed “will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary,” Carney said.

“No rational person,” Carney wrote, “can question that the execution of an individual carries with it the solemn obligation of the government to ensure that the punishment is not arbitrarily imposed and that it furthers the interests of society.”

Natasha Minsker, a director of the ACLU of Northern California, said Wednesday’s ruling marked the first time that a federal judge had found the state’s current system unconstitutional. She said it was also “the first time any judge has ruled systemic delay creates an arbitrary system that serves no legitimate purpose and is therefore unconstitutional.”

A Los Angeles County Superior Court judge in 1995 sentenced Jones to death for the 1992 rape and killing of Julia Miller, his girlfriend’s mother. Jones killed Miller 10 months after being paroled for a previous rape.

Document
Read the ruling: Judge orders California's death penalty unconstitutional OPEN LINK

A spokesman for Atty. Gen. Kamala D. Harris said only that her office was reviewing the decision.

Follow @mauradolanfor news about California legal issues.

http://www.latimes.com/local/lanow/l...716-story.html

A convict on death row in CA. is more likely to die of old age than to be executed.

There is a solution to this problem.

Execute all of them tomorrow.

Missouri executes man accused of killing 3 people
seattlepi.com - 5 minutes ago

I wonder if this judge still feels the same way when he or she reads about what those dirt bag robbers did today in Stockton??? I think a hanging would be the best route.