How Capital punishment and appeals SHOULD be handled
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How Capital punishment and appeals SHOULD be handled
This is how I’d like to see it. I welcome comments from both sides on this issue:
Once found guilty and sentenced to death, there would be a 1 year window, for sufficient evidence to be brought forward and heard before a magistrate court Judge, who would then consider forwarding the case to appellate court. There would be one, and only one chance for appeal. If you are granted an appeal, it will be because there is nearly irrefutable evidence to your innocence. There would be NO second trial, only a presentation of said irrefutable evidence before an appellate Judge. This should only take an hour or two in Judges chambers. Upon review the Judge then makes the decision. If your original death sentence is upheld, you are given 24 hours to say goodbye to anybody that cares anymore, period. You are put to death in the most economical method available with the least financial burden to the taxpayer. Options should be made available to members of the surviving family to take part in the execution.
If the decision goes the other way, then a presentation of said irrefutable evidence is presented before a body of judges within a 30 day period. No lawyers, no jurors, you already had your day in court. If they should unanimously agree to your innocence, you are set free, immediately. If not, you again are given 24 hours to eat your last filet.
Under NO circumstances would a sentenced individual spend one day over 18 months on death row, period!
Once found guilty and sentenced to death, there would be a 1 year window, for sufficient evidence to be brought forward and heard before a magistrate court Judge, who would then consider forwarding the case to appellate court. There would be one, and only one chance for appeal. If you are granted an appeal, it will be because there is nearly irrefutable evidence to your innocence. There would be NO second trial, only a presentation of said irrefutable evidence before an appellate Judge. This should only take an hour or two in Judges chambers. Upon review the Judge then makes the decision. If your original death sentence is upheld, you are given 24 hours to say goodbye to anybody that cares anymore, period. You are put to death in the most economical method available with the least financial burden to the taxpayer. Options should be made available to members of the surviving family to take part in the execution.
If the decision goes the other way, then a presentation of said irrefutable evidence is presented before a body of judges within a 30 day period. No lawyers, no jurors, you already had your day in court. If they should unanimously agree to your innocence, you are set free, immediately. If not, you again are given 24 hours to eat your last filet.
Under NO circumstances would a sentenced individual spend one day over 18 months on death row, period!
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- The Big Dog
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- yoda
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Re: How Capital punishment and appeals SHOULD be handled
j wrote:This is how I’d like to see it. I welcome comments from both sides on this issue:
Once found guilty and sentenced to death, there would be a 1 year window, for sufficient evidence to be brought forward and heard before a magistrate court Judge, who would then consider forwarding the case to appellate court. There would be one, and only one chance for appeal. If you are granted an appeal, it will be because there is nearly irrefutable evidence to your innocence. There would be NO second trial, only a presentation of said irrefutable evidence before an appellate Judge. This should only take an hour or two in Judges chambers. Upon review the Judge then makes the decision. If your original death sentence is upheld, you are given 24 hours to say goodbye to anybody that cares anymore, period. You are put to death in the most economical method available with the least financial burden to the taxpayer. Options should be made available to members of the surviving family to take part in the execution.
If the decision goes the other way, then a presentation of said irrefutable evidence is presented before a body of judges within a 30 day period. No lawyers, no jurors, you already had your day in court. If they should unanimously agree to your innocence, you are set free, immediately. If not, you again are given 24 hours to eat your last filet.
Under NO circumstances would a sentenced individual spend one day over 18 months on death row, period!
LOL!!! That wouldn't work at all. One year? Get real. One year would not work. You need more time. One appeal? Not enough. Too many errors and holes there J.
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- The Big Dog
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j wrote:Begin with the 1 year window...I'm sure there is plenty of argument against that.
Why don't I begin with incompetent public defenders instead? You're not leaving nearly enough time to sort out the mess they cause. How many innocent people have been executed because they couldn't afford a quality defense?
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- yoda
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j wrote:fine, then you pay my portion of the support a sentenced to death killer.
So what is reasonable yoda? Please tell me what you would deem reasonable the rape and murder of your little girl?
One, everyone pays a portion no matter what as long as you have a job or something along that line. It comes out of your taxes.
First of all, one needs to have a fair and balanced trial. Two, all evidence must be presented fair and accurately. If the jury or judge rules that the defendant is guilty, then so be it...
Anyway, where I am coming from is that VA had the strictest laws on appeals, noting that a defendant had only 21 days to come up with a possible appeal, or the decsion is final... I'll write more later since I am busy.
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The Big Dog wrote:j wrote:Begin with the 1 year window...I'm sure there is plenty of argument against that.
Why don't I begin with incompetent public defenders instead? You're not leaving nearly enough time to sort out the mess they cause. How many innocent people have been executed because they couldn't afford a quality defense?
By quality defense I take it you mean a lawyer that is able to find some obscure legal loophole that ultimately sets a murderer free.
I think that the percentage of innocent people put to death is miniscule (hell, some die of natural causes before they are ever put to death), and the amount of people sitting in jail that are actually completely innocent of any crime is about zero.
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- yoda
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j wrote:The Big Dog wrote:j wrote:Begin with the 1 year window...I'm sure there is plenty of argument against that.
Why don't I begin with incompetent public defenders instead? You're not leaving nearly enough time to sort out the mess they cause. How many innocent people have been executed because they couldn't afford a quality defense?
By quality defense I take it you mean a lawyer that is able to find some obscure legal loophole that ultimately sets a murderer free.
I think that the percentage of innocent people put to death is miniscule (hell, some die of natural causes before they are ever put to death), and the amount of people sitting in jail that are actually completely innocent of any crime is about zero.
Actually that is not true. I need to look it up, but it is something near like 5-6%. Again, I need to look it up FIRST.
Do you just not like defense attorneys? Cause that is what I am getting from your posts....
Obscure Loophole? Ha. That is not needed when you have a quality good defense attorney.
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- yoda
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chadtm80 wrote:How Capital punishment and appeals SHOULD be handled
This would indicate a trial has already occured
I know that Chad... LOL. I meant in the thread itself here we are arguing about defense attorneys BEFORE and DURING the trial as well.
Anyway, Chad, do you know of the 21 Day Rule in VA?
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