MetaFilter posts tagged with DeathPenalty and justice

Justice Delayed

darkstar — Thu, 15 Oct 2009 17:11:54 -0800

Nearly 100 years had passed since nationally syndicated radio host Tom Joyner's "great-uncles, Thomas Griffin and Meeks Griffin were wrongfully executed in South Carolina. On Wednesday, a board voted 7-0 to pardon both men, clearing their names in the 1913 killing of a veteran of the Confederate Army. ...It marks the first time in history that South Carolina has issued a posthumous pardon in a capital murder case." "Joyner, the host of The Tom Joyner Morning Show, had known nothing of his great-uncles' murder convictions until last year. That's when esteemed Harvard professor Henry Louis Gates Jr. uncovered Joyner's past as part of the PBS documentary African American Lives 2. (Yes, that Henry Louis Gates, Jr.)

Before Abu Ghraib, there was Area 2.

scody — Tue, 21 Oct 2008 11:34:48 -0800

For nearly 20 years, Chicago has known about police torture of suspects. Torture at the city's notorious Area 2, under Commander Jon Burge, resulted in numerous false confessions in the 1980s, including the men who became known as the Death Row 10. The Death Row 10 case was among the reasons former Gov. George Ryan's called a moratorium on capital punishment in Illinois in 2000 and pardoned four in 2003. Burge, fired in 1993, retired to Florida on his police pension, where he seemed to escape any measure of justice. Until today. The archive of the excellent investigative reporting by the Chicago Reader's John Conroy (previously) is here. (link disclosure: I was an activist around the Death Row 10 case and others in the 1990s, and contrubuted to material that may still be found on the Campaign to End the Death Penalty site.)

SCOTUS tells the ICJ to go hang

valkyryn — Mon, 31 Mar 2008 19:31:30 -0800

On March 25, the Supreme Court held (pdf) that rulings by the International Court of Justice are essentially not binding upon state courts. This paves the way for Texas to execute one Jose Ernesto Medellin for the rape and murder of two teenage girls. The Texas Court of Criminal Appeals judgment of the ruled (caution: disastrously formatted HTML) in 2006 that Medellin's objections, grounded on the fact that the Mexican consulate was not notified of his trial, were not sufficient to vacate his conviction, as he had been provided with a competent legal defense and none of his constitutional rights had been violated. The ICJ held (huge pdf) (summary) that the Vienna Convention creates individually enforceable rights, that Medellin's rights had been violated, and that Texas should order a new trial. President Bush, surprising everyone, ordered Texas to comply. The Supreme Court, which voted 6-3 to affirm the Texas court, held 1) that judgments of the ICJ are not directly enforceable as domestic law, and 2) the President cannot require states to effectuate the judgments of foreign courts. --- The Court's 2005 opinion (pdf) withdrawing certiorari as improvidently granted. Commentary: Volokh: (1, 2) OpinioJuris: (1, 2) And! discussion questions!

O Florida

thirteenkiller — Wed, 18 Oct 2006 13:08:13 -0800

Krishna Maharaj is a British businessman who was convicted of the 1986 murder of a Jamaican father and son in a hotel room in Miami, Florida. He was given the death penalty, but this was commuted to a life sentence in 2002 due to irregularities in his trial. Well, "irregularities" is an understatement: none of Maharaj's seven alibi witnesses were called to the stand. Maharaj is widely understood to be innocent, and another prime suspect has been identified. In 2001, 300 British politicians wrote to Jeb Bush, requesting a retrial. Considering this possibility in 2004, the Florida judge said that “newly discovered evidence which goes only to guilt or innocence is insufficient to warrant relief" and denied the motion. The US Supreme Court refused to take the case. Krishna Maharaj must now rely on the mercy of Jeb Bush.
BBC Newsnight with 2-part video documentary
2004 FAQ
Campaign website

You have the right to die

magullo — Mon, 14 Jul 2003 06:35:21 -0800

(NYT) The death row trifecta: juvenile, retarded and ... proved innocent by DNA testing
But unlike other trifectas, this one will not necessarily get you off the hook. Never mind that the real perpetrator has been identified (due to his prison yard bragging initially and through a DNA perfect match later). One of the great problems of the American criminal justice system is that once an innocent person is trapped in the system, it's extremely difficult to get him — or her — extricated.

The Exonerated

nofundy — Thu, 03 Jul 2003 09:09:50 -0800

The Exonerated
Want to see some great theater and learn a bit about our great system of justice and capital punishment? Then The Exonerated may be the show for you.

The other night I went to see The Exonerated, which has been playing Off Broadway since last fall and is also appearing in theaters around the country this year. Composed wholly from court records and interviews by playwrights Jessica Blank and Erik Jensen, this documentary drama recounts true tales of horror from the American criminal-justice system. The actors sit downstage and read their parts as the stories of six innocent citizens condemned to death row unfold. If this sounds like a worthy endeavor, it is; if it sounds dull or didactic, it isn’t.

Ty Webb — Wed, 12 Jun 2002 09:49:15 -0800

God's Justice and Ours. Justice Antonin Scalia writes on capital punishment in First Things: "In my view, the major impetus behind modern aversion to the death penalty is the equation of private morality with governmental morality. This is a predictable (though I believe erroneous and regrettable) reaction to modern, democratic self–government."

magullo — Fri, 24 May 2002 02:55:47 -0800

Even if it works, using the detah penalty as deterrent is morally flawed The mere fact that an orthodontist in Cleveland feels more anxious about crime shouldn't make the state more "right" to take a life. And, if you are in favor of the death penalty, the mere fact that the same orthodontist feels comfortable leaving his door unlocked shouldn't mean that a murderer should pay less of a price for killing a child.

Mocata — Mon, 02 Oct 2000 10:38:05 -0800

Long, closely-argued explanation of how America went back to the death penalty.