Friday, November 15, 2013

Few Conservatives Embrace Anti Death Penalty Deceptions

Few Conservatives Embrace Anti Death Penalty Deceptions
Dudley Sharp

The newest anti death penalty trend is to present conservatives who oppose the death penalty, now spearheaded by a group called Conservatives Concerned About the Death Penalty (CCATDP), funded and founded by another liberal anti death penalty group, Equal Justice USA (1), supported by George Soros.

They are no different than standard anti death penalty folks, in that they either present known deceptions, as does CCATDP (1,2), or  they, simply,  accept those frauds, or otherwise presume, without investigation, as Ron Paul, Richard Viguerie (both rebutted, below) and others quoted by CCATDP (1,2).

Some conservatives have morphed into anti death penalty advocates, displaying the common tendency of either blindly accepting false anti death penalty claims, with willful ignorance, or knowingly pushing deceptions, as does CCATDP, as detailed, below.

CCATDP has no "concerns" about the death penalty. Their only goal is saving all murderers, no matter the cost, just as their master, Equal Justice USA, dictates (5).

Let's not allow ignorant conservative to become the next deceptive arrow in the anti death penalty quiver.

Conservative Support

The most accurate, recent poll (Angus Reid, April 2013) found 86% death penalty support, with only 9% opposing all execution (3a), the highest and lowest, respectively, that I have ever seen.

As a rule Republicans/Conservatives show (more discretion and)  higher support, plus 3-9% (3b), within some polls.

CCATDP

With CCATDP , deception would come naturally, as a creation of Equal Justice USA.

The rebuttal of CCATDP is so extensive, I had to put it within another post at footnote (1), as well as the rebuttal of Montana CCATDP (2), which was the inspiration for the national CCATDP.

They are just the same ole liberal anti death penalty groups, who must save all murderers, no matter the deceptions (5).

Rebuttal: Ron Paul

Ron Paul used to support the death penalty, but has switched, citing two reasons for his opposition: the risk of executing an innocent, due to an incompetent government, and that there is a disparity, based upon class, of those sentenced to death and/or executed.

He has bought into the anti death penalty frauds, without fact checking them, a common liberal problem, now infecting some libertarians and conservatives.

Death Penalty: Government protection of the innocent

From 25-40 actual innocents have been discovered and released from death row (4) . That is 0.4% of the 8400 sentenced to death in the modern death penalty era, post Gregg v Georgia (1976) -  a 99.6% accuracy rate in actual guilty findings, with the 0.4% actual innocents being released upon appeal (4).

This may be the most accurate sanction, as the super due process protections would mandate.

Paul may have relied upon anti death penalty claims of the, now, 143 "exonerated" (1.7%) from death row claims, a fraud known to have originated in 1997, with 69 "exonerated" (4), numbers shown, over that period,  to be from 70-85% false (4).

There is no proof of an innocent executed in the modern era, but there is much anti death penalty deception with regard to quite a few cases (4), from Sacco and Vanzetti through to Troy Davis (4).

Innocents More Protected with The Death Penalty than with LWOP

Many fail to to look at how innocents are at risk without the death penalty, a much more real and severe problem than the execution of innocents (5).

Innocents are more protected with the death penalty than with LWOP (4-6).

How Due Process So Protects the Innocent (and the Guilty)

This is what we have with the death penalty, a government program:

The death penalty may be the most limited, precise and monitored of all government programs, affecting from 0.003% - 0.009% of the population, at the state, military and federal levels (4,6,7).

There is no sanction which has fewer crimes that qualify for it; nor is there any sanction with greater limitations on its application; nor one that has greater controls in pre trial and at trial; nor one that has two separate trials - one for the verdict, the other for punishment; nor one with greater care in jury selection; nor any sanction with more thorough and extensive appeals; nor one with more consideration in commutation, clemency and pardons within the executive branch.

1) Pre trial has unmatched requirements and protections.

2) Trial

The defendant is presumed innocent.

A look at the legal provisions for Texas, the most active death penalty state:

In Texas, the jury has to find against a defendant/murderer with 100% of the votes (48 votes or 12 jurors times 4 separate issue votes) in order to give a death sentence, but only 1 vote (2%) for the defendant/murderer (or rare innocent) to be spared the death penalty (7).

Many if not all jurisdictions have two or more prosecutors and two or more defense counsels for capital trials, rarely seen in other cases.

Nationally, 2/3 of death penalty eligible trials end in sentences less than death (8 ). No surprise when things are so stacked in favor of the murderer or the rare innocent party.

3) Appeals

Nationally, within appeals, death row inmates are twice as likely (42%, 3481 cases) to be removed from death row by means other than execution or other death (21%, 1737) (9).


The opposite of Virginia, wherein inmates are 4.1 times more likely (76%, 115) to be removed from death row by execution or other death than to be removed by other means (18%, 28) (9).

Why such a disparity? The judges (10).

Nationally, there is an 11 year average between sentencing and execution,  for the 15% of those murderers sentenced to death.

Texas appeals take, on average, 11 years prior to execution, and can go through 4 courts: The Texas Court of Criminal Appeals (a State Supreme Court that only looks at criminal cases), the Federal District Court, the (federal) Fifth Circuit Court of Appeals and the US Supreme Court, all of which review both direct appeals and appeals based upon the writ.

What do those courts think of Texas?

a) Texas death  penalty cases are overturned 17% of the time. Nationally, absent Texas, 40% of death penalty cases are overturned within appeals (9).

Texas's due process shows a 58% improvement over the national average.

b)  Texas has executed 45% of those sentenced to death. Nationally, absent Texas, that figure is 11% (9).

Texas' appellate record is 310% better than the national average.

NOTE: Virginia has executed 72% (109) of those so sentenced and has an overturning rate of only 11% (9)   and executes within 7.1 years, on average (11).


Could all states come close to Texas and Virgina results? Yes, if liberal judges and legislators would get out of the way, something that CCATDP will not request, because CCATDP approves of the delays and additonal costs, as their only concern, as dictated by Equal Justice USA, is saving all murderers, at all costs.

4) Clemency/Commutation/Pardon   -   I am unaware of any sanction that has greater consideration within the executive branch, than does the death penalty.

5) The judicial factor

All of these protections  represent super due process but, also, how liberal anti death penalty judges have infected the process by obstructing these cases, as is clear from a review of the states (10).

======

The protections for the guilty murderer and innocent defendant/inmate are extraordinary.

Based upon reality. this provides greater support for the death penalty and greater protections for the innocent, the opposite of Paul's consideration.

Is there class disparity with executions?

I believe that truly wealthy capital defendants/murderers, who can hire the finest counsel, must have an advantage over their poorer ilk, but that the database of wealthy capital murderers is so small as to, likely, make moot any statistical relevance and that only how "wealthy" is defined could determine if their may be a disparity or not, as detailed (12).

Poor murderers are avoiding execution about 99.8% of the time - and I don't think we have any evidence that wealthy murderers are executed substantially less than 0.2% of the time, or a properly corrected 0.02-0.04% of the time (12).

I think death penalty eligible capital murders represent only about 10% of all murders. Some believe the percentage is 15-20%.

We may even be executing wealthy murderers at a rate higher than expected (12).

This is, hardly, a reason to oppose any sanction.

Paul offers no rational foundation for ending the death penalty any more than he has reasons to end all sanctions.

Richard Viguerie

Viguerie's inaccuracies are so substantial that I had to address them in a separate rebuttal (13).

Let's not allow ignorant conservative to become the next deceptive arrow in the anti death penalty quiver.



1) Conservatives Concerned About The Death Penalty:
      Just another dishonest anti death penalty group

2) DEAD WRONG: (Montana) Conservatives Concerned About the Death Penalty (MCCATDP)
http://prodpinnc.blogspot.com/2013/08/conservatives-concerned-about-death.html

3) a) 86% Death Penalty Support: Highest Ever?
http://prodpinnc.blogspot.com/2013/11/86-death-penalty-support-highest-ever.html   

b)   Within poll number 43 and 45 


RELEASE, March 10, 2011 - "Death Penalty Support At New High In Connecticut, Quinnipiac University Poll Finds; Voters High On Medical Marijuana, Sunday Liquor Sales"http://www.quinnipiac.edu/institutes-and-centers/polling-institute/connecticut/release-detail?ReleaseID=1566

4) The Innocent Frauds: Standard Anti Death Penalty Strategy
and
THE DEATH PENALTY: SAVING MORE INNOCENT LIVES
http://prodpinnc.blogspot.com/2013/04/the-innocent-frauds-standard-anti-death.html

OF COURSE THE DEATH PENALTY DETERS: A review of the debate
and
MURDERERS MUCH PREFER LIFE OVER EXECUTION
99.7% of murderers tell us "Give me life, not execution"
http://prodpinnc.blogspot.com/2013/03/of-course-death-penalty-deters.html

5) The Death Penalty: Do Innocents Matter?
http://prodpinnc.blogspot.com/2013/10/the-death-penalty-do-innocents-matter.html

6) THE DEATH PENALTY: LEAST ARBITRARY & CAPRICIOUS:
Both the guilty & the innocent have the greatest protections
http://prodpinnc.blogspot.com/2013/03/the-death-penalty-neither-arbitrary-nor.html


7) Texas Death Penalty Procedures
http://prodpinnc.blogspot.com/2013/11/texas-death-penalty-procedures.html

8) Just Revenge: Costs and Consequences of the Death Penalty, Mark Costanzo, Macmillan, 1997


9) within    Texas Death Penalty Procedure

http://prodpinnc.blogspot.com/2013/11/texas-death-penalty-procedures.html

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

11) Path to execution swifter, more certain in Va. , FRANK GREEN, Richmond Post-Dispatch, December 4, 2011 Page: A1 Section: News Edition: Final

12)  Is There Class Disparity with Executions?
 http://prodpinnc.blogspot.com/2013/03/is-there-class-disparity-with-executions.html

13) Rebuttal to Richard A. Viguerie's "A conservative argues for abolishing the death penalty"
http://prodpinnc.blogspot.com/2013/10/rebuttal-to-richard-vigueries-when.html