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. 

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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. 

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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. 

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 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)

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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