Thursday, June 29, 2023

Victim Survivors in Potential Death Penalty Cases

Some notes for the meeting with the prosecutor:
For Victim Survivors in Potential Death Penalty Cases

From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   
 
I have a pro death penalty bias and respect those who don't . . . but will assert my research is much more thorough. I was anti-death penalty until about 1997-98.
 
Some notes for the meeting with the prosecutor.
 
The prosecutors will tell you the pluses and minuses of seeking the death penalty. Some of this, below, will be covered by the prosecutor, some may not be, which is why I provide this.
 
1) Death penalty appeals can last an, irresponsibly, long, cruel time.
 
      True. But for the most part there is no valid reason for that to occur.
 
a) Since 1976, Virginia has executed 113 murderers, after 7 years of appeals, on average (1), prior to execution How? Responsible protocols and responsible judges.
 
The judges are the case managers and need to have responsible time goals and to enforce them. There is no excuse not to, if they care about justice and not harming the victims' families, even more, which is what 10-30 years of appeals do, as do the huge delays prior to trial.
 
It is inexcusable and not legally nor rationally required (2), in most cases. It is, simply, wrongly, accepted by, way, too many.
 
Please read this victim survivor centered friend of the court brief for the Supreme Court of the United States (SCOTUS) (3).
 
In 2019, the average time of appeals, for those executed, was 22 years. From 1984-1988, it averaged under 7 years (4).
 
b) The majority of delays are, solely, because of irresponsible or unethical judges (2), not defense counsel. My opinion is that it is the way the judiciary is trying, unethically, to kill the death penalty (2), with retired US Supreme Court Justice Bryer being a prime example (5).
 
c) Most appeals can be handled, responsibly: 2-3 years in the state supreme court, 2-3 years in federal district court and 2-3 years, in federal circuit courts, with direct appeals and the write moving at the same time. Cases are, rarely, heard at SCOTUS.
 
Obvious, as with Virginia.
 
d)  Delays, because of the difficulty in getting lethal injection drugs, are not necessary and are a lying deceit.
 
Fentanyl is widely available in police evidence rooms. with not all needed for trial, with only a tiny amount needed for executions and, only, testing needed, prior to use. Nevada and Nebraska, already, have fentanyl in their protocols.
 
The Glossip v. Gross, 576 U.S. 863 (2015) SCOTUS decision confirms fentanyl would pass constitutional muster.
 
2) It's expensive.
 
a) Yes, it is, but in many or most cases there is no need for it to be more expensive than life without parole (LWOP), for death penalty equivalent cases.
    I have fact checked many of the cost studies (1). I am, unaware, of anyone else that has. As an ironclad rule, the studies are a mess, incomplete and/or fraudulent, as detailed (1).
 
b)  Properly, do an apples-to-apples comparison (6), which has never been done (6), inclusive of LWOP cost of 40-60 years of maximum-security cells, with the cost of 20-40 years of geriatric care, which can be enormous. For example, for LWOP, the highest max security cost in California is $176,000/inmate/yr, with their geriatric/medical unit at $80,000/inmate/yr (see California, fn 1) - higher in today's dollars.
 
    I am unaware of any such complete cost study (6), in any jurisdiction.
 
c) the pre-trial, trial and appeal costs can be exorbitant for some counties, which is why the state of Texas will provide additional funds for some of these cases and counties. Other states may do so, as well.
 
3)  What are the chances?
 
a) It only takes one juror to defeat a death penalty, 1 vote (8%) vs 11 (92%), likely the most undemocratic system in a constitutional republic. But it is much more restrictive than that.
    In most jurisdictions, there have to be four votes per juror, for the death penalty to be given: one is the guilty/not guilty, the other three are various conditions which must be met for a death sentence. Assuming a guilty verdict, that means all 36 votes (3 times 12 jurors) must be against the murderer, for there to be a death sentence, meaning only 1 vote (3%) can overrule 35 votes (97%).

See Texas Death Penalty Procedures (7).
 
b) This is why I have advocated for a 9-3 vote to qualify for death. The guilty verdict, still, must be unanimous. I consider the sanction to be, somewhat, opinion, not fact and that it is not difficult to get 1 anti-death penalty person, lying to get onto a jury, or 1-3 rational outliers, which is why I prefer 9-3. Florida just passed an 8-4 juror vote to be sentenced to death with, again, the guilty finding must be unanimous, with the 8-4 or greater (9-3 to 12-0) for a death sentence.
 
c) Nationally, nearly 43% of death row cases are removed from death row by appeals or other removals. which goes to 49%, if including deaths that are not by execution. (8)
 
4) Death sentences/executions save additional innocents, over LWOP.
 
a) Both enhanced due process and enhanced incapacitation save additional lives over LWOP (9). Not, rationally nor factually disputed.
 
 b) Enhanced deterrence is challenged, but prevails with fact checking, vetting and critical thinking, as detailed (9,10).
 
Depending upon all of the circumstances, I consider 1 capital murder, with solid evidence, a go for a death penalty trial. Why? I find it the only just outcome, for some cases.

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The Catholic Church & The Death Penalty
12 (14) Factual Errors: 2018 CCC 2267 amendment
https://prodpinnc.blogspot.com/2022/02/7-factual-errors-2018-ccc-2267-amendment.html 
 
30 Examples:  How Death Penalty Abolitionists Value Murderers More Than Their Innocent Victims:
AKA - Full Rebuttal of Sir Richard Branson & His Death Penalty Comments
https://prodpinnc.blogspot.com/2023/04/full-rebuttal-of-sir-richard-branson.html 
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5)  How Badly Can Some Prosecutors Treat Victim Survivors

There may be worse cases but, for me, it could, hardly, get worse.

pending

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In a system, such as that in the US, the death penalty cannot be for hatred or revenge (11), but for the most just sanction.
 
I hope this will be helpful in your meetings with the prosecutors.
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The "Additional research", at bottom, rebuts all major anti-death penalty claims. If you have any questions, I am at your service.
 
May God bless all of you. I am so sorry that your loved one(s) were taken from you. 
 
If you wish to speak to some fellow survivors who have been through this process, just let me know.
 
Most sincerely, Dudley Sharp
 
FN
 
1) See Virginia within
Saving Costs with The Death Penalty
 
2) JUDGES AS JACKASSES: DEATH PENALTY
 
 
3)  The two scholars, Scheidegger and Cassell, who wrote this, could not be more accomplished in law and with their concern for innocent victims and their survivors (section III, in the brief). I have known them for many years and have trusted their knowledge and wisdom, which have never failed.
 
NOTE: They are representing the family members of the murder victim and the Oklahoma District Attorneys Assoc. AGAINST Oklahoma's Attorney General.
 
No. 22-7466,  IN THE Supreme Court of the United States RICHARD GLOSSIP, Petitioner, vs. STATE OF OKLAHOMA, Respondents. On Petition for Writ of Certiorari to the Oklahoma Court of Criminal Appeals BRIEF AMICUS CURIAE OF VICTIM FAMILY MEMBERS DEREK VAN TREESE, DONNA VAN TREESE, AND ALANA MILETO, AND THE OKLAHOMA DISTRICT ATTORNEYS ASSOCIATION IN OPPOSITION TO THE PETITION
https://www.supremecourt.gov/DocketPDF/22/22-7466/268386/20230605142005486_Family%20Amicus%20Glossip_22-7466AmicusVanTreeseODAA.pdf 
 
4) Table 12, page 17,  Capital Punishment, 2020, Bureau of Justice Statistics, Dec 2021
 
5)  Justice Breyer's Errors in Death Penalty Assessment
 
6) Death Penalty Costs vs Life Without Parole Costs: Study Protocol

 
8) Table 4, page 20, Capital Punishment, 2013, Bureau of Justice Statistics, revised Dec 2014,
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600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
http://prodpquotes.info/ 
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Research, w/sources, w/fact checking/vetting & critical thinking, as required of anyone within a public policy debate and which rebut all anti-death penalty claims.
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
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Partial CV
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