Friday, November 04, 2016

JUDGES AS JACKASSES: DEATH PENALTY

JUDGES AS JACKASSES: THE DEATH PENALTY

To:  Governor Pete Ricketts, his cabinet & staff
        Nebraska Catholic Bishops, staff and parishes

Nebraska Supreme Court
Nebraska Legislators & staff
Nebraska County Sheriffs
The Police Officers' Association of Nebraska
Attorney General Doug Peterson & staff           
Nebraska County Attorneys Association
Nebraska Crime Commission
U of Nebraska Law School
Colleges & Universities Throughout Nebraska

Media throughout Nebraska 

Distributed 11/4/16

Re:  "We Nebraska judges support retaining repeal of the death penalty", Local View, Lincoln Journal Star, 10/31/16  (1)

Subject: More Anti Death Penalty Nonsense: Clueless and/or Willful Ignorance? Nebraska Judges 

From: Dudley Sharp 

Judges As Jackasses 

Nationally, many (hopefully most) of us have been appalled by the series of judicial sentences, over the last few years, wherein we have witnessed  judges giving extremely light sentences for rapists (2) and for a 16 year old drunk driver, who killed four innocent people, injuring 9 more, 2 severely, with that judge giving no jail time, based upon the judge honoring the "affluenza" defense, that being incarceration being too harsh for someone who grew up spoiled and rich (3). 

All, horrendous decisions, contrary to any basic understanding of justice. 

Irresponsible judges have been a problem, as long as there have been judges. 

How Irresponsible Are the Non-Magnificent 7 (NM7)? 

Enter the referenced anti death penalty op/ed, by 7 retired Nebraska judges (4), the NM7,  presenting their own level of irresponsibility , contrary to justice.

This NM7 represent 4% of the state District Court and state Supreme Court justices who have served in Nebraska, in the post Gregg v Georgia (1976) era, generally viewed as the beginning of the modern death penalty era in the US. 

Let's see how irresponsible the NM7 are: 

Keep two things in mind . . .

 1) There is one constant  -  Judges are the case managers,  in charge of both timing and costs, pre trial, trial and on appeals. 

2) These jackass NM7 judges never mentioned the innocent victims murdered - a common anti death penalty "oversight" (5).  

1) The NM7 state, "Our legal experience has led us to conclude that the death penalty is an unworkable and failed policy." 

Proof of the NM7's irresponsibility: 

Most know this to be false, as I suspect the NM7 do, as well. 

One wonders: Are the judges clueless and/or willfully ignorant? Ask them. 

The NM7 blame the death penalty, when we all know that it is not the policy that has failed, but those, like the judges, who have failed to responsibly manage that policy. Governors, attorney generals, legislators and correction officials, also share, in that responsibility, or irresponsibility  . . . as do the citizens who allow such incompetents to continue being paid with their tax dollars. 

There is no legal nor rational reason why death penalty appeals, should take longer than 2-3 years, on average,  within each of the state supreme court, the federal district and circuit courts - or 6-9 years, total, on average. Cases, rarely, go to SCOTUS. 

The NM7 are the case managers, denying their own responsibility for failing both justice and the citizens they work for. 

It seems, nearly, always the case, that government officials, employed by the citizens, blame everyone or everything, but themselves, for their own irresponsibility. These NM7 judges and the death penalty are no different. 

====== 

It has been nearly 20 years since Nebraska's last execution, while the other death penalty states have executed nearly a thousand murderers.  Why? Irresponsible Nebraska officials, inclusive of the judges.  

Nationally, from 1984-1988, when double digit executions began, it took 6.6 years of appeals, on average, prior to execution, nationally (6).

6.6 years. 

====== 

2) The NM7 state: "In the four decades since the Supreme Court reinstated the death penalty in 1976, states have tinkered with death penalty statutes, repeatedly promising that they can fix them. The evidence is clear that they cannot." You cannot design an efficient system of capital punishment, which delivers punishment swiftly, while also avoiding the risk of executing the innocent.  States that hold onto the death penalty end up with a government program that fails on both these fronts – it is inefficient and makes mistakes."

Proof of the NM7's irresponsibility: 

The NM7's statements are, blatantly, false. 

Since 1976, Virginia has executed 112 murderers, representing 70% of those so sentenced and has executed them within 7 years of full appeals on average, with not even a hint of an innocent executed (7) - very efficient, no "mistakes". 

Virginia's last execution, Oct. 1, 2015, was after 5 years of FULL appeals. 

If Virginia can do it so can all states. 

The roadblock? Most often, irresponsible judges (6), as well as others, who have all failed both their citizens and justice. 

Innocents are better protected, in three ways, by the death penalty than with a life sentence (8). 

One wonders: Are the NM7 clueless and/or willfully ignorant? Ask them. 

====== 

Pennsylvania judges/jackasses, both state and federal, are very obvious in their efforts to stop the death penalty in that state. With some 420 death sentences since 1973, there have been only 3 executions. Why? Because the judges will only allow murderers who waive their appeals to be executed. 

Any murderer, sentenced to death in Pa. will never be executed as long as they continue appeals, because the judges will not allow appeals to end or they will overturn the sentence. 

It is a blatant and obvious fight against the law, by the judges, aka dictators in robes. 

====== 

3) The NM7 state: "The death penalty prolongs and adds uncertainty to the legal process, often harming murder victims’ families. More death sentences are overturned than end in an execution. For those few death sentences ending in an execution, the average wait between conviction and execution is more than 15 years, and sometimes much longer (as we have seen in Nebraska)." 

Proof of the NM7's irresponsibility: 

The NM7 dead wrong, again. 

The death penalty does not prolong itself nor does it add uncertainty to itself nor does it harm murder victims' families, by itself - it takes the judges, like these NM7, as other of the citizens' employees, to do all of those irresponsible, harmful things. Government policies are managed - or mismanaged - by the employees of the citizens, inclusive of the judges, as the NM7 jackasses well know.

95% of murder victims families support the death penalty (9). 

One wonders: Are these NM7 judges clueless and/or willfully ignorant? Ask them. 

====== 

California judges/jackasses --  Since 1977, California has executed 1.4% of their death row murderers, after an average of 18 years on death row.The last 5 murderers executed have averaged  22 years on death row. 

It will only get longer, based upon the horrendous irresponsibility of Ca judges, a continuing disaster usurping the law . . .  unless folks stand against them. 


California's jackass judges are, obviously, trying to kill the death penalty. 

====== 

4)  The NM7 state: "Despite promises to the contrary, politicians cannot dramatically expedite this process. Because of past mistakes, death penalty cases must go through a complex federal appeals process, which state lawmakers can't change. Death penalty cases thus force murder victims’ families to endure a prolonged and uncertain legal process. For them, the death penalty is a false promise." 

Proof of the NM7's irresponsibility: 

This is, clearly, false. Politicians, with earnest resolve, as Gov. Ricketts, can work with judges, the attorney general, legislators, prosecutors, defense counsel and citizens to produce a responsible death penalty system, as we all know and as occurs in other states. 

We also know that irresponsible anti death penalty politicians and judges will do all they can to drain as much time and money out of their citizens, in order to make sure that our worst murderers live, as detailed, throughout.

As with Virginia and Texas, if those states can produce responsible death penalty protocols, so can Nebraska, as can all states.

 With or without mistakes, all cases must go through the federal courts, so the NM7 statement is bizarre.

 One wonders: Are these NM7 judges clueless and/or willfully ignorant? Ask them. 

====== 

Colorado -  "A Colorado study in 2013 found that death penalty cases took more than five years on average to complete, compared to 1 1/2 years for cases involving life without parole." (10) 

Understand, that is 5 years for pre trial and trial, only, not appeals. How irresponsible are Colorado judges/jackasses? 

In contrast, we have: 

John Allen Muhammad , the DC sniper, was arrested on October 24, 2002, his Virginia trial began on October 14, 2003, he was sentenced to death on November 24, 2003 - 13 months after arrest . . .

 and the prosecution called more than 130 witnesses and introduced more than 400 pieces of evidence. (10) 

and this mass murderer was executed in Virginia on November 10, 2009, after 6 years of FULL appeals. (10) 

and then we have  Colorado judges and many other irresponsible state judges/jackasses doing all they can to increase costs to destroy the death penalty, as is obvious. 

======

 5) The NM7 state: "The death penalty wastes resources that should go to measures that actually reduce crime. Death penalty cases are more complex, take more time, require more lawyers, and therefore cost more money. There is no valid evidence that the money spent on the death penalty impacts murder rates. It is imperative, then, to dedicate our law enforcement dollars to measures that – unlike the death penalty – actually reduce crime." 

Proof of the NM7's irresponsibility: 

We can see why the NM7 jackasses blame the death penalty as a waste of resources, when it is the judges, themselves, as others, who create that waste - not the death penalty, as easily known and demonstrated, as herein. 

There is no legal nor rational reason for the death penalty to cost any more than life without parole (7), as demonstrated. 

Never has it been shown that any criminal sanction, any negative prospect and any negative outcome did not deter some. Never. (8) 

One wonders: Are these NM7 judges clueless and/or willfully ignorant? Ask them. 

====== 

Kansas -   "The U.S. Supreme Court struck down the last seven attempts by (The Kansas Supreme Court)  to reverse the convictions of murderers and predators. If the nine robed jurists in Washington consistently overrule Kansas’s highest court, it’s not only embarrassing to the state—it’s evidence that these justices are making up the law." (11)

" . . . the U.S. Supreme Court found the Kansas Supreme Court had misapplied the Constitution. But each of these cases is emblematic of a broader pattern of lawlessness that merits voting against retaining these justices." (11) 

"As the late Justice Antonin Scalia wrote just weeks before his untimely death, “Kansans ... do not think the death penalty is unconstitutional and indeed very much favor it, which might suggest that a retention election that goes before such people would not come out favorably for those justices who create Kansas law.” (11) 

When justices " . . . thwart the application of criminal law by rewriting the laws the people's representatives passed, they undermine the sovereignty of “we, the people” and replace it with “we, the enlightened judges.” Removing them from office does not politicize the courts — the justices’ choice to impose their politics already did that. Voting them out is the only way to restore impartiality and the rule of law . . ."  (11) 

" . . . vote corruption out and the law back in." (11)

====== 

6) The NM7 state: "The death penalty puts innocent lives at risk of execution. As judges, we strove to ensure that the innocent were protected and the guilty held accountable. At the same time, we recognize that judges and others in the criminal justice system are fallible. It is simply too much to expect perfection in any human institution – which is what the death penalty demands, since it is impossible to bring back the wrongfully executed. The more than 155 death row exonerations nationwide, and wrongful convictions of the Beatrice 6 here in Nebraska, make clear that the death penalty should have no place in our fallible justice system." 

The jackass NM7 avoid reality: 

There is no proven actual innocent executed in the US, after the 1930s (8, 12). 

Just since 1973: 

Some 16,000 actual innocents have  been murdered by those known murderers we have allowed to murder, again - recidivist murderers (8); 

Some 400,000 actual innocents have  been murdered by those known criminals we have allowed to harm, again - recidivist criminals (8). 

The 155 "exonerated" has been a very well known fraud (12) since 1998, when the numbers started at 69. Basic fact checking reveals there might be 36 removed from death row based upon actual innocence, that being about 0.4% of those sent to death row in the modern era - none were executed.

 Did the NM7 fact check, anything? 

It appears unlikely that the jackass NM7 can tell us where innocents are at risk in our "fallible justice system". 

Maybe they could hazard a guess?! 

One wonders: Are these NM7 judges clueless and/or willfully ignorant? Ask them. 

====== 

". . .  in California, appeals attorneys are not appointed (by judges) for three to five years. (Those attorneys, then, allowed by judges) to take four years to learn the case and file their appeal. Attorneys for habeas appeal (through the federal courts) are not appointed (by the judges), on average, until eight to 10 years after the death sentence." (6) 

California judges/jackasses are, obviously and intentionally, killing the death penalty, in conflict with the law. 

======

In 1996, the US Congress passed the Anti Terrorism and Effective Death Penalty Act (AEDPA), part of which was supposed to quicken death penalty appeals. 

Every year since then, the average time of appeals, until execution, has been  greater than in 1996 (10.4 years), with the longest being 16.5 years, (2011) (6). 

Apparently, judges didn't like the AEDPA and have taken a stand in conflict with the law -

The judicial move against the death penalty became even more obvious. 

====== 

THE END.  


1) Found here: http://journalstar.com/news/opinion/editorial/columnists/local-view-we-nebraska-judges-support-retaining-repeal-of-the/article_f8977528-c3b7-5f83-b02b-cf6ecd61f4cf.html 


2) https://www.google.com/#q=horrible+judges+sentencing+rape+cases 


3) watch the video
What Is Ethan Couch's 'Affluenza': An Explainer, Gillian Mohney, ABC News, Dec 30, 2015, http://abcnews.go.com/Health/ethan-couchs-affluenza-explainer/story?id=36011293 


4) Retired judges/jackasses:  Nebraska Supreme Court Justice William Connolly, District Judge Stephen A. Davis, District Judge Sandra L. Dougherty, District Judge Patrick Mullen, Douglas County; District Judge Ronald Reagan, District Judge John Hartigan, District Judge Merritt C. Warren. 


5) Anti Victim: Anti Death Penalty Movement
http://prodpinnc.blogspot.com/2014/04/anti-victim-anti-death-penalty-movement.html 



6) Judges Responsible For Grossly Uneven Executions
http://prodpinnc.blogspot.com/2013/11/judges-responsible-for-grossly-uneven.html 


7) See Virginia Saving Costs with The Death Penalty
http://prodpinnc.blogspot.com/2013/02/death-penalty-cost-saving-money.html  


8) The Death Penalty: Saving More Innocent Lives
http://prodpinnc.blogspot.com/2013/10/the-death-penalty-do-innocents-matter.html  


9) 95% Death Penalty Support by Loved Ones of Capital Murder Victims
http://prodpinnc.blogspot.com/2016/03/95-death-penalty-support-by-capital.html  


10)  see paragraph 3, sections B. Judicial Roadblocks and C.2. 128% INCREASE IN APPEALS TIME and paragraphs 4 and 6, within 

Courts, states put death penalty on life supportDeath Penalty: 
HOW MEDIA MURDERS THE TRUTH
http://prodpinnc.blogspot.com/2015/09/courts-states-put-death-penalty-on-life.html 


11) Kansas' Judges Should Be Recalled Before They Do Any Further Harm BY T. ELLIOT GAISER, PJ Media,  AUGUST 24, 2016,
https://pjmedia.com/election/2016/08/24/kansas-judges-should-be-recalled-before-they-do-any-further-harm/?singlepage=true 


12) a) The Innocent Frauds: Standard Anti Death Penalty StrategyREAD SECTIONS 3&4 FIRSThttp://prodpinnc.blogspot.com/2013/04/the-innocent-frauds-standard-anti-death.html 
    
     b)  The 4.1% "Innocent" on Death Row: More Nonsense

Saturday, October 22, 2016

BISHOPS HIDE TRUTH FROM THEIR FLOCK: DEATH PENALTY

BISHOPS HIDE TRUTH FROM THEIR FLOCK: DEATH PENALTY

For Presentation To All Catholic Parishes/Congregations  in Nebraska

10/16/2016, updated and resent 10/28/16, with email titled Death Penalty Errors: Bishops Double Down

To:  Most Rev. George J. Lucas, Archbishop of Omaha
Most Rev. James D. Conley, Bishop of Lincoln
Most Rev. Joseph G. Hanefeldt, Bishop Grand Island


cc:  Governor Pete Ricketts, his cabinet & staff 
Nebraska Legislators & staff
Nebraska Supreme Court
Nebraska County Sheriffs
The Police Officers' Association of Nebraska
Attorney General Doug Peterson & staff
Nebraska County Attorneys Association
Nebraska Crime Commission
U of Nebraska Law School 
Colleges & Universities throughout Nebraaka

Media throughout Nebraska


Subject: UPDATE
Nebraska Catholic Leadership: Their False Teachings & the Death Penalty


From : Dudley Sharp

Catholic leadership, in Nebraska, as elsewhere, keep the death penalty truth away from their flock.

That claim is supported, in detail, below and here (1) and has been sent, repeatedly, to the Bishops, their staffs and/or parishes, for months.

The Nebraska Bishops are presenting error after error, week after week (1). It is long overdue to end it.

1) The Truth:  All Catholics May Support the Death Penalty

All good and faithful Catholics may, now,  support the death penalty, may support more executions and may, faithfully and thoughtfully, disagree with the Church's 1995/1997 death penalty restrictions.

The Bishops False Teachings:

With the title of  "3. Prudence, schmrudence…” (2), the Nebraska Bishops, immaturely and disrespectfully, accuse Catholics of "acting like two year olds", when those "two year old" Catholics say that the post 1995/1997 Catholic teachings on the death penalty are matters of prudential judgment and, because of that, such "two year old" Catholics find that all good Catholics may support the death penalty and more executions based upon prudential judgment (see The Proof, just below), as well as over 2000 years of Church teachings (1). 


The Proof:

The Evidence Against the Bishops

Let's look at the blatant errors  and insulting language of the Bishops and who they call "two year olds":

The most prominent of the "two year olds" are three members of the Congregation for the Doctrine of the Faith (CDF) , the most authoritative voice for valid teachings within the Church:

--  Kevin L. Flannery S.J., Consultor of CDF

--  Cardinal-Prefect of CDF Joseph Ratzinger (1981-2005), currently Pope Emeritus Benedict XVI

--  Cardinal-Prefect of CDF William Levada (2005- 2012), who, currently, serves as Prefect emeritus of CDF

--  as well as all good and thoughtful Catholics who find the death penalty just and appropriate (1), while also finding that it saves more innocent lives (6).

All identified by the Bishops as "two year olds".


Prudential Judgment:

These first two were delivered to the US Catholic Bishops, but have not been presented by the Nebraska Bishops to their congregations - an intentional  and major error of omission.

Cardinal-Prefect Ratzinger (2004), now Pope Emeritus Benedict XVI:

"3.  ". . . if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on the decision to wage war, he would not for that reason be considered unworthy to present himself to receive Holy Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms to repel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
"Worthiness to Receive Holy Communion: General Principles, Cardinal Joseph Ratzinger, from a memorandum sent by Cardinal Ratzinger to Cardinal McCarrick, made public in the first week of July 2004.

confirmed by Cardinal-Prefect William Levada (2004):

". . .  if a Catholic were to disagree with the Holy Father on the application of capital punishment… he would not for that reason be considered unworthy to present himself to receive Holy Communion... While the Church exhorts civil authorities… to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible… to have recourse to capital punishment.  There may be a legitimate diversity of opinion even among Catholics about… applying the death penalty, but not with regard to abortion and euthanasia." “Theological Reflections on Catholics in Political Life and the Reception of Holy Communion,” a United States Conference of Catholic Bishops document.

Bishops Double Down on Their Errors

The Bishop's write: "The Church’s doctrine is that if there are “non-lethal means” of protecting society from a bad dude then the State must limit itself to those non-lethal means. That’s not up for negotiation. That’s the teaching."

--- This is not doctrine and cannot be, as the Bishops well know (1).

---  The Bishops, also, know it is up for "negotiation" by any thoughtful Catholic who disagrees with the Church's prudential judgment -- that is the actual teaching, as detailed and not rebutted, as opposed to the Bishops' fiction by omission and commission.

---  The Church alternates between "non-lethal" and "bloodless" means, with the later being the current official language at the Vatican site.

Although they mean the same, the huge problem with "bloodless" is that it, so blatantly, has this conflict:

Within the current Catechism, CCC 2260, "For your lifeblood I will surely require a reckoning.... Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image." "This teaching remains necessary for all time."

This eternal command is from Genesis 9:6, within the Noahic Covenant, which is for all peoples and all times, and is God's Word that the death penalty shows the greatest of respect for innocent life, the opposite of the Bishops' claims, as is very well known.

The Bishops' chosen prudential judgement of "bloodless" and "non-lethal" are both secular determinations which contradict the eternal teaching of Genesis 9:6, "Whoever sheds the blood of man, by man shall his blood be shed" and the Bishops pick  . . . the secular.

2) The Truth:

This is another non-disclosure by the Nebraska Bishops, undermining the truth and their flock:

In reference to the death penalty errors by Pope John Paul II in his Evangelium Vitae (EV - 1995) and the wrongful inclusion of those errors into the amended Section 2267 of the CCC, Kevin L. Flannery S.J., Consultor CDF, writes:

“The most reasonable conclusion to draw from this discussion is that, once again, the Catechism is simply wrong from an historical point of view. Traditional Catholic teaching did not contain the restriction enunciated by Pope John Paul II (within Evangelium Vitae -  EV)." (3).

That EV restriction was the foundation for the recent (1997) error filled amendment, CCC 2267, to Church teaching on the death penalty (1, 4) and without that foundation those recent changes can be found invalid.

Flannery continues: “The realm of human affairs is a messy one, full of at least apparent inconsistency and incoherence, and the recent teaching of the Catholic Church on capital punishment — vitiated, as I intend to show, by errors of historical fact and interpretation—is no exception.” (3).

A review of some of the problems within the amended CCC 2267  (4).

NOTE: Flannery was appointed by Pope John Paul II.


3)  More Bishops' False Teachings:

The Bishops state:

"According to Catholic teaching, the state may impose the death penalty if this punishment is the only available means to protect society. Therefore, this option should not be exercised when, other, non lethal means, more respectful of human life are available." "This principled Catholic response is shaped by our commitment to the life and dignity of every human person and the common good." (5). 


Additional False Teachings of the Bishops:

a) As already established (4), there is no such prior Catholic teaching as "the state may impose the death penalty if this punishment is the only available means to protect society." (3,4).

b) The Bishops, again, intentionally leave out important Catholic teachings, paragraphs (1) and (2), above, and footnote 1, below, misleading their flock.

c) Establishing a false and irrational standard, that being: if the death penalty "is the only available means to protect society" -  which should not be accepted by anyone.

d) "This principled Catholic response (in support of the death penalty) is shaped by our commitment to the life and dignity of every human person and the common good.", which was used as the support for the death penalty for 2000 years and still is. It is as if the Bishops had never reviewed Church tradition with the death penalty (1). 

In addition, within the most recent Catechism, in CCC 2258-2266 the standard is a requirement to protect innocents from unjust aggressors: 

CCC 2265: "the common good requires rendering the unjust aggressor unable to inflict harm." 

Now, within CCC 2267, the Bishops and the CCC redefine "common good" requiring us to do everything we can "not to render the unjust aggressor unable to inflict harm.", or, to put it another way "the unjust aggressor must always be able to harm, again" -  the opposite of 2258-2266.

Using reason and tradition the standard is:

 1) what is the most just sanction for the crime committed, reasserted as the primary objective, as "redress", in the most recent CCC:


The primary objective of sanction is to "redress the disorder caused by the offense" (CCC 2266), not protection . . .  yet, even then  . . . 

2) which sanction will, after the primary objective, protect society to a greater degree than other sanctions (6), the important, secondary consideration?

The Bishops know that to be the death penalty, as previously reviewed (1,6).

The additional reason that "the only available means" is a false teaching is that it, intentionally, avoids reality.

For example, for decades, the Church thought there was another available means to protect children from sinful, sexual predator priests. The Church was wrong, then, as everyone, now, knows, just as She is, now with Her "only available means", again, sacrificing more innocents.

Reality, you see, matters.  

In the predator priest cases, it is easy to see how the Church can make very non prudential judgments, over 40 years, observe those bad prudential judgments, sacrificing more and more innocents with Her, wrongly, selecting Her chosen available means.

It is hard to see how She is so, obviously, making that same error, again, with her newest, error filled death penalty position, and . . . again, sacrificing more innocents (6).

How the Bishops and the Church are, utterly, clueless to that is simply astounding, in light of the priest sex scandal, which was in full public mode at the same time these amendments were made, again, putting many more innocents at risk.

For example, there is the "means" of the state of the criminal justice system, in the US and, then, there is reality, since 1973:

Some 16,000 innocents have been murdered by those known murderers that we have allowed to murder, again - recidivist murderers (6) and

Some 400,000 innocents have been murdered by those known criminals we have allowed to harm, again - recidivist criminals. (6)

Neither the Church nor Nebraska Bishops will acknowledge known reality (6), thereby sacrificing more innocent lives  . . .  again.

The Bishops look the other way, insisting on the fictional standard - "only available means", in opposition to reality,  thereby sacrificing more innocents.

 The Bishops state: "It just so happens that in our time the Church has assessed the options and has come to the prudential conclusion that in our modern era non-lethal means are present practically everywhere. Therefore, the use of the death penalty should be “very rare, if not practically nonexistent.” (2).

 . . .  which is all rebutted by very well known reality, over and over, again, in the US, as elsewhere, as detailed above and here (6), as the Bishops are aware.


c) As is well known by many, inclusive of the Bishops, the foundation for 2000 years of pro death penalty Catholic teaching is based upon "respect for human life", a "commitment to the life and dignity of every human person and the common good."

What the Bishops and other anti death penalty Church leadership are, now, saying is that for 2000 years the Church supported a sanctions that did not respect human life, was against life, against the dignity of every human person and against the common good.

Thoughtful Catholics understand that such is not true and cannot be true.


4) The Bishops Four "FALSE" Reasons to Abolish the Death Penalty (5)

a) "Re-instating the death penalty would risk innocent lives". - False

Bishops' false teachings:

--  As the Bishops well know and have never rebutted (1), innocents are better protected with the death penalty, in three ways, than with life without parole (LWOP) (6).

The Bishop's death penalty repeal position will sacrifice more innocent lives.

--  Bishops: "Take for example the story of Kirk Bloodsworth. Kirk spent nearly 9 years on death row in Maryland after he was wrongfully convicted and sentenced to death for the rape and murder of Donna Hamilton." " . . . more than 150 people sentenced to death have been released from death row because they were acquitted, dismissed from prosecution or pardoned based upon evidence of innocence." (4)

More false problems for the Bishops

Bloodsworth was never at risk of execution. He was on death row for 2 years, not 9, and then 7 years serving a life sentence, prior to release.

In the modern era death penalty, post Gregg v Georgia (1976),  Maryland has executed four murderers, who appealed their sentences and were executed, averaging 12 years from sentence to execution, with the shortest being 9 years.

Three time Maryland murderer, Thanos, waived his appeals and was executed in 1994, 2 years after  his sentencing.

Thanos, to the victim's families:  "(your murdered childrens') cries bring laughter from the darkest caverns of my soul. I don't believe I could satisfy my thirst yet in this matter unless I was to be able to dig these brats' bones up out of their graves right now and beat them into powder and urinate on them and then stir it into a murky yellowish elixir and serve it up to their loved ones".

Thanos murdered Billy Winebrenner, 16, and his girlfriend, Melody Pistorio, 14, during a robbery and murdered  Gregory Allen Taylor, 18, in another crime, for which he was, also, sentenced to death.

--  The 150 (now 156) represent, maybe 36 actually innocent people sent to death row (0.4% of the total), all but one of which has been set free, with that one dying on death row, from cancer, just as he would have serving LWOP.

It is a remarkable record of accuracy.

There is no proof of an innocent executed in the US, at least since the 1930s.

Yet we have:

Some 16,000 innocents have been murdered by those known murderers that we have allowed to murder, again - recidivist murderers (6) and

Some 400,000 innocents have been murdered by those known criminals we have allowed to harm, again - recidivist criminals (6).

A rational assessment would be that the Bishops real concern is not innocents at risk, but only sparing murderers.

Exactly as Catholic theologian Steven Long assessed:

"The misbegotten application of categories of speech appropriate in regard to the murder of innocents to the vastly different application of just penalty for grave evil, is symptomatic of a society that can garner more support to spare the guilty than to save the innocent."

"The crowd still wants Barabbas." (1b)


b) "Reinstating the death penalty would be cruel to victims' families." (4). - False

The Bishops' hypocrisy and false teachings:

1) As per the video (5), because of long appeals times, the Bishops contend that the death penalty harms the victims' families. The Bishops, constantly, use false, secular anti death penalty rhetoric, as they do, here. How about reality:

These problems are not the death penalty's fault. It is the fault of the sanction's managers - the legislature, governor, attorney generals, judges, etc.

As the Bishops are well aware:

--   There have been nearly 1000 executions in other states, over the last 20 years, when Nebraska has had none and

--  Virginia has executed 112 murderers, since 1976, and has done so within 7 years of appeals, on average.

The Bishops are very aware that Nebraska has the "means available" to duplicate those two examples, but chose a less responsible path, instead.

2) From the 168 victims in the Oklahoma City Bombing, the Bishops use only one anti death penalty voice, Bud Welch, whose daughter Julie was murdered in that bombing, to speak in opposition to the death penalty.

The Bishops also presented Mariam Thimm Kelle, whose brother, Jim,  was, gruesomely, tortured over a long period of time, then murdered in  a capital crime, by murderer Michael Ryan, Her complaints were that appeals go on and on and that way too much attention is paid to the murderer but not to her brother.

Reality Opposes the Bishops, Again.

It appears that in excess of 95% of the murder victims' survivors, from that bombing, are in favor of the death penalty (7), reflecting other examples, with similar huge support percentages, from other specific death penalty eligible murders (7).

Did the Bishops show any interest in the opinions of those loved ones, who, overwhelmingly, support the death penalty? None.

Such is common for anti death penalty folks, who often cause more harm (8) to those victim survivors, who support the justice of the death penalty, as well as its uncontested ability to protect additional innocents, to a higher degree than any other sanction (6).

Thimm Kelle is right to complain, but Nebraska, as other states have the means necessary to shorten appeals, as detailed and as the Bishops well know.

Anti death penalty folks and the media, overwhelmingly, concentrate on the murderers and not their victims (8). It would be great if the Bishops would start a public campaign to help change that.  Possibly, the Bishops could start with this group (9).


c) The Bishops say the death penalty is too costly:  "It is well established that pursuing the death penalty results in considerably greater costs than life imprisonment. The non partisan Death Penalty Information Center concluded, in 2013, that Nebraska had spent $100 million on death penalty cases since 1976."

More Bishop False Teachings

--  The Death Penalty Information Center (DPIC) is a very well known anti death penalty group, which perpetrates some of the greatest deceptions in the death penalty debate (10).

--  The Bishops are, completely, unaware, because they do not fact check.

--  The proof for the $100 million cost claim? It doesn't exist.

--  If the Bishops did fact check, they would know that some studies find the death penalty is less costly than life without parole (LWOP) (11) and that many of the studies finding the death penalty more expensive than LWOP are, completely, unreliable (11).

      But, the Bishops will not fact check.

---  The Bishops are well aware that in Nebraska's last legislative session, that three fiscal notes found no state savings in death penalty repeal.

Such non disclosure reflects, again, very poorly, on the Bishops.

As far as I know, there are no details to support the fiscal notes, which were, allegedly, based upon inquiries to all those state agencies which deal with the death penalty, all of whom, allegedly, stated that with death penalty repeal there would be little to no effect on their budgets.

d)  The Bishops find that the death penalty less humane than LWOP.

The Bishops should review the eternal reasons for the death penalty, detailed in 2000 years of Catholic teachings (1), as opposed to relying upon the secular.


1) a) Catholic Bishops: So Wrong on Death Penalty, 9/3/16,
http://prodpinnc.blogspot.com/2016/09/catholic-bishops-so-wrong-on-death.html


    b) Four Catholic Journals Indulge in (anti death penalty) Doctrinal Solipsism, 
Stephen Long, THOMISTICA, March 5, 2015, 
http://thomistica.net/commentary/2015/3/5/mutationist-views-of-doctrinal-development-and-the-death-penalty

   
    c) The Bishops, constantly, invoke secular anti death penalty errors, without fact checking.  Fact checking is required. This is my basic pro death penalty introduction, countering all basic anti death penalty claims used by the Bishops. Fact checking welcome.

    The Death Penalty: Justice & Saving More Innocents
http://prodpinnc.blogspot.com/2013/05/the-death-penalty-justice-saving-more.html

d)  "Why the Church Cannot Reverse Past Teaching on Capital Punishment", Part 1, Edward Feser , Joseph M. Bessette, Catholic World Report,  July 17, 2016,http://www.catholicworldreport.com/Item/4928/why_the_church_cannot_reverse_past_teaching_on_capital_punishment.aspx

      "Why the Death Penalty is Still Necessary", Part 2, Edward Feser, Joseph M. Bessette, Catholic Word Report,  July 21, 2016,
http://www.catholicworldreport.com/Item/4939/why_the_death_penalty_is_still_necessary.aspx


e)  Rebuttal of Four Catholic Publications Call For End to Capital Punishment,
http://prodpinnc.blogspot.com/2015/03/rebuttal-catholics-call-for-end-to.html


f)  New Testament Death Penalty Support Overwhelming
http://prodpinnc.blogspot.com/2014/01/new-testament-death-penalty-support.html


2) 3 WAYS CATHOLICS MISUNDERSTAND THE DEATH PENALTY, Archdiocese of Omaha, August 23, 2016,
http://archomaha.org/2016/08/3-ways-catholics-misunderstand-death-penalty/


3) “Capital Punishment and the Law”, Ave Maria Law Review, 2007 (30 pp), Kevin L. Flannery S.J., Consultor of the Sacred Congregation for the Doctrine of the Faith (since 2002) and Ordinary Professor of Ancient Philosophy at the Pontifical Gregorian University(Rome) and Permanent Research Fellow -  Mary Ann Remick Senior Visiting Fellow at the Notre Dame Center for Ethics and Culture (University of Notre Dame)
http://lr.avemarialaw.edu/Content/articles/V5i2.flannery.copyright.pdf


4)  Catholic Church: Problems with Her Newest Death Penalty Position:
The Catechism & Section 2267
http://prodpinnc.blogspot.com/2015/03/catechism-death-penalty-problems.html


5)  Watch the video first.

VIDEO: ARCHBISHOP LUCAS ON THE DEATH PENALTY, Archdiocese of Omaha, 8/3/16,  http://archomaha.org/2016/10/video-archbishop-lucas-death-penalty/


6)   The Death Penalty: Saving More Innocent Lives
http://prodpinnc.blogspot.com/2013/10/the-death-penalty-do-innocents-matter.html

         The Catechism and State Protection
http://prodpinnc.blogspot.com/2014/10/catechism-state-protection.html


7)  95% Death Penalty Support by Capital Murder Survivors
http://prodpinnc.blogspot.com/2016/03/95-death-penalty-support-by-capital.html


8) Anti Victim: Anti Death Penalty Movement
http://prodpinnc.blogspot.com/2014/04/anti-victim-anti-death-penalty-movement.html


9)  Victim's Voices - These are the murder victims
www.murdervictims.com/Voices/voices.html


10) See DPIC in Sections 3&4
The Innocent Frauds: Standard Anti Death Penalty Strategy
http://prodpinnc.blogspot.com/2013/04/the-innocent-frauds-standard-anti-death.html


11) Saving Costs with The Death Penalty
http://prodpinnc.blogspot.com/2013/02/death-penalty-cost-saving-money.html