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Old 01-21-2013, 04:24 PM
 
6,802 posts, read 6,713,845 times
Reputation: 1911

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Quote:
Originally Posted by Curmudgeon View Post
No argument here and appeals should be heard, but not for 30 years.
Well, if you were that innocent man, you'd want every one of those appeals and the time delays that come with it. It's not a perfect system and people aren't perfect either.

How'd you like to be this guy? The state forgot about him for 30 years. Don't know if he's innocent or not, but he needs a retrial. Fortunately it wasn't a death penalty case.

Jerry Hartfield, Texas Inmate, Waits 30 Years For Retrial
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Old 01-21-2013, 04:52 PM
 
Location: SW MO
23,593 posts, read 37,471,872 times
Reputation: 29337
Quote:
Originally Posted by Senno View Post
Well, if you were that innocent man, you'd want every one of those appeals and the time delays that come with it. It's not a perfect system and people aren't perfect either. That's why I used the term "irrefutably guilty," or words to that effect.

How'd you like to be this guy? The state forgot about him for 30 years. Don't know if he's innocent or not, but he needs a retrial. Fortunately it wasn't a death penalty case. A clear miscarriage of justice.
Beyond all that and without additional evidence not available at the trial, one appeal each to the state supreme court and, if denied, to federal circuit court then the federal supreme court if turned down again and DONE! The "system" needs to ensure atorneys are available for the appeals and establish reasonable time limits.

Last edited by Curmudgeon; 01-21-2013 at 05:10 PM..
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Old 01-21-2013, 04:56 PM
 
Location: San Luis Obispo and Santa Barbara Counties
6,390 posts, read 9,682,084 times
Reputation: 2622
Quote:
Originally Posted by Curmudgeon View Post
Spare us the chest-thumping and knuckle-dragging macho grunts please. They fail to impress.

As to the matter at hand, DNA evidence, if present and collected properly and with a clear chain of evidence should always be appropriately and scientifically tested. If that and corroborating evidence point to guilt, justice should be swift.

"Justice delayed is justice denied." William E. Gladstone
Dear Curmie, what you fail to understand (not the complete list by any means) is the challenge by dear Phil for some manly competition. I am merely supplying him with some ideas. I am sure he wants to do some urban thang, but, I don't consider urban or suburban worthy. Remember he is at least a decade younger than me, so I am trying to be easy on him.

The Death Penalty makes neanderthals happy, but, life without possibility of parole is a far worse punishment.
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Old 01-21-2013, 04:59 PM
 
6,802 posts, read 6,713,845 times
Reputation: 1911
Quote:
Originally Posted by Curmudgeon View Post
Well, if you were that innocent man, you'd want every one of those appeals and the time delays that come with it. It's not a perfect system and people aren't perfect either. That's why I used the term "irrefutably guilty," or words to that effect.

How'd you like to be this guy? The state forgot about him for 30 years. Don't know if he's innocent or not, but he needs a retrial. Fortunately it wasn't a death penalty case. A clear miscarriage of justice.

Beyond all that and without additional evidence not available at the trial, one appeal each to the state supreme court and, if denied, to federal circuit court then the federal supreme court if turned down again and DONE! The "system" needs to ensure atorneys are available for the appeals and establish reasonable time limits.
I agree in principle but the facts of each case are different and strangely 30 years may be as fast as the system can go in a particular case as our courts are overburdened.

30 years on death row ain't no joke, and I only hope that after 30 years we don't actually get an "innocent" verdict.
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Old 01-21-2013, 05:16 PM
 
Location: SW MO
23,593 posts, read 37,471,872 times
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Quote:
Originally Posted by .highnlite View Post
Dear Curmie, what you fail to understand (not the complete list by any means) is the challenge by dear Phil for some manly competition. I am merely supplying him with some ideas. I am sure he wants to do some urban thang, but, I don't consider urban or suburban worthy. Remember he is at least a decade younger than me, so I am trying to be easy on him.

The Death Penalty makes neanderthals happy, but, life without possibility of parole is a far worse punishment.
After my experience with lock-ups, both jail and prison, from the officer and sergeant perspective I agree that death would be a welcome interlude to a lifetime behind bars. Unfortunately, the people of California didn't agree. Go figure! Strange: Yes! on marijuana but No! on gay marriage and Yes! on the death penalty. Something just doesn't track for a state that prides itself on being progressive.
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Old 01-21-2013, 05:19 PM
 
Location: SW MO
23,593 posts, read 37,471,872 times
Reputation: 29337
Quote:
Originally Posted by Senno View Post
I agree in principle but the facts of each case are different and strangely 30 years may be as fast as the system can go in a particular case as our courts are overburdened.

30 years on death row ain't no joke, and I only hope that after 30 years we don't actually get an "innocent" verdict.
Well, the good news is that after 30 years on death row they may be too demented and too institutionalized to care.
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Old 01-21-2013, 05:21 PM
 
Location: Sierra Vista, AZ
17,531 posts, read 24,693,227 times
Reputation: 9980
Quote:
Originally Posted by Curmudgeon View Post
After my experience with lock-ups, both jail and prison, from the officer perspective I agree that death would be a welcome interlude to a lifetime beind bars. Unfortunaely, the people of California didn't agree. Go figure! Strange: Yes! on marijuana but No! on gay marriage and Yes! on the death penalty. Something just doesn't track for a state that prides itself on being progressive.
I always looked at it as worse than just dragging them out of the court room and terminating them. Automatic appeals dragging on for decades ending in eventual execution or death awaiting it. Just think how many hours of legal billing have been the result of useless appeals
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Old 01-21-2013, 05:22 PM
 
880 posts, read 1,415,394 times
Reputation: 570
Quote:
Originally Posted by Senno View Post
Well, as far as I'm concerned Texas comes closest of all the states to your criteria.

And this happened in Texas, and I don't want to read similar stories in CA, thanks.

DNA Tests Undermine Evidence in Texas Execution | The Texas Observer

Read enough bad stories in the news as it is.

Texas can execute everyone they want, have at it. We will use an appeals process designed to protect rights and try to make certain we've got the right man.
HI,

OK I must be careful about posting so literally. I do not expect a 24 hour resolution to the matter. Just time enough to make sure it is the right person dying for the right reason.
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Old 01-21-2013, 05:23 PM
 
6,802 posts, read 6,713,845 times
Reputation: 1911
Quote:
Originally Posted by Curmudgeon View Post
After my experience with lock-ups, both jail and prison, from the officer perspective I agree that death would be a welcome interlude to a lifetime beind bars. Unfortunaely, the people of California didn't agree. Go figure! Strange: Yes! on marijuana but No! on gay marriage and Yes! on the death penalty. Something just doesn't track for a state that prides itself on being progressive.
Well, those progressives have to drag us moderates around and we can be just as stubborn as anyone and dig in heels on occasion.

http://www.nytimes.com/2012/10/26/op...eans.html?_r=0

Last edited by Senno; 01-21-2013 at 05:33 PM..
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Old 01-21-2013, 05:24 PM
 
880 posts, read 1,415,394 times
Reputation: 570
Quote:
Originally Posted by nullgeo View Post
Leonard -- still trying to justify having no knowledge of your subject, I see.
There are NO criteria you could apply successfully to any "overnight review" that could possibly be sufficient to safeguard against false conviction.
.
I do not expect a 24 hour resolution to the matter. Just time enough to make sure it is the right person dying for the right reason.
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