Dudley Sharp 
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Re: “Capitol punishment

Lane is, simply, wrong.

Prosecutors use discretion in making their judgements as to which cases will go forward for a death penalty trial, not only based on state parameters in statute, which sets the parameters, but also based upon their own individual discretion, as all prosecutors do, for all cases.

This will not cause an 8th amendment issue, because that method has always been approved.

3 likes, 0 dislikes
Posted by Dudley Sharp on 12/05/2012 at 6:39 AM

Re: “"Beyond Repair: The Death Penalty in Colorado"

INNOCENTS ARE MORE AT RISK WHEN WE ALLOW MURDERERS TO LIVE
Dudley Sharp

Innocents Matter

Do anti death penalty folks really care about innocents at risk? Of course.

But, for their leadership, they would prefer to see an additional 6.3 murdered innocents, instead of the execution of 1250 known murderers (2).

Astounding.

For some very well known leaders of the anti death penalty movement, their motivation is not protecting innocents, but protecting the lives of all murderers, no matter the cost in innocent lives. That's their moral choice.


THE LOW RISK OF EXECUTING THE INNOCENT

Depending upon review, possibly we have sent from 25-40 actually innocent people to death row, or about 0.4% of the 8400 so sentenced in the modern era, post Furman v Georgia (1972) (1).

So far, the evidence is that the death penalty is 99.6% accurate in finding actually guilty murderers guilty and 100% accurate in sparing those actually innocent from an unjust execution.

It is unlikely that there is a more accurate system.

There appears to be no proof of an innocent executed in the US, at least since the 1930's.

That includes the Troy Davis, Cameron Willingham and Carlos DeLuna cases.

It is much more likely that an actual innocent, sentenced to life, will die in prison, than it is that an actual innocent will be executed.

About 5000 prisoners, on average, under custody, die every year in the US (2).

On average, we have executed about 33 murderers per year since 1973.

In addition, at least 14,000 additional innocents have been murdered by murderers we have allowed to harm, again, since 1973, the year that US states started to re-enact new death penalty statutes after Furman v Georgia (2).

Since 1973, somewhere between 40,000 and 200,000 actual innocents have been murdered in the US by criminals who were under the government supervision of parole or probation, at the time of the murders. (2).
====== ==================

FOOTNOTES

THE DEATH PENALTY: SAVING MORE INNOCENT LIVES

Innocents are more at risk without the death penalty.

Of all endeavors that put innocents at risk, is there one with a better record of sparing innocent lives than the US death penalty? Unlikely.

1) The Death Penalty: Saving More Innocent Lives
http://prodpinnc.blogspot.com/2012/03/deat…

2) Innocents More At Risk Without Death Penalty
http://prodpinnc.blogspot.com/2012/03/inno…

Posted by Dudley Sharp on 10/05/2012 at 3:05 AM

Re: “Exonerated death row inmate to speak in Colorado Springs

Rebuttal to the death penalty racism claims
Dudley Sharp

1) Blume, John H.; Eisenberg, Theodore; and Wells, Martin T., "Explaining Death Row's Population and Racial Composition" (2004), Cornell Law Faculty Publications
http://scholarship.law.cornell.edu/facpub/…

2) "Death Penalty Sentencing: No Systemic Bias"
http://prodpinnc.blogspot.com/2009/07/deat…

3) "The Death Penalty and Racism The Times Have Changed", Washington Post reporter Charles Lane, The American Interest, Nov/Dec 2010,
http://www.the-american-interest.com/artic…

4) SMOKE AND MIRRORS ON RACE AND THE DEATH PENALTY
BY KENT SCHEIDEGGER
http://www.cjlf.org/deathpenalty/DPenaltyR…

5) Race, Sentencing and the death penalty.
http://prodeathpenalty.com/DP.html#C.Race

6) McCleskey v Kemp, the infamous race based death penalty case decided by the US Supreme Court (SCOTUS)

Baldus' database and work in McCleskey was quite poor.

Read Federal District Court Judge Forrester's rejection of Baldus' database for McCleskey.

A more thorough review is provided by Joseph Katz, who did the methodological review of the Baldus database, which was rife with errors and problems. I have it, if you care to research.

In addition, SCOTUS totally misunderstood the math involved. They ignorantly wrote: "defendants charged with killing white victims were 4.3 times as likely to receive a death sentence as defendants charged with killing blacks."

Totally inaccurate. It was by odds of 4.3 times, or an odds multiplier of 4.3, which can mean a variables as low as 2-4%, as opposed to the 330% difference represented by 4.3 times. SCOTUS blew it big time on this.

These two articles, below, give a good explanation of a core problem with Baldus, in the McCleskey case and another of his reviews.

A) "The Math Behind Race, Crime and Sentencing Statistics"
By John Allen Paulos, Los Angeles Times, July 12, 1998
http://articles.latimes.com/1998/jul/12/op…

B) See “The Odds of Execution” within “How numbers are tricking you”, by Arnold Barnett, MIT Technology Review October, 1994
http://reocities.com/CapitolHill/4834/barn…

and

7) Race, ethnicity and crime statistics.

For the White–Black comparisons, the Black level is 12.7 times greater than the White level for homicide, 15.6 times greater for robbery, 6.7 times greater for rape, and 4.5 times greater for aggravated assault.

For the Hispanic- White comparison, the Hispanic level is 4.0 times greater than the White level for homicide, 3.8 times greater for robbery, 2.8 times greater for rape, and 2.3 times greater for aggravated assault.

For the Hispanic–Black comparison, the Black level is 3.1 times greater than the Hispanic level for homicide, 4.1 times greater for robbery, 2.4 times greater for rape, and 1.9 times greater for aggravated assault.

From

REASSESSING TRENDS IN BLACK VIOLENT CRIME, 1980.2008: SORTING OUT THE "HISPANIC EFFECT" IN UNIFORM CRIME REPORTS ARRESTS, NATIONAL CRIME VICTIMIZATION SURVEY OFFENDER ESTIMATES, AND U.S. PRISONER COUNTS, DARRELL STEFFENSMEIER, BEN FELDMEYER, CASEY T. HARRIS, JEFFERY T. ULMER, Criminology, Volume 49, Issue 1, Article first published online: 24 FEB 2011
http://onlinelibrary.wiley.com/doi/10.1111…

0 likes, 1 dislike
Posted by Dudley Sharp on 06/09/2012 at 5:47 AM

Re: “Exonerated death row inmate to speak in Colorado Springs

The death penalty has a foundation in justice and it spares more innocent lives.

Anti death penalty arguments are either false or the pro death penalty arguments are stronger.

The majority populations of all countries may support the death penalty for some crimes (1).

Why? Justice.

THE DEATH PENALTY: SAVING MORE INNOCENT LIVES

Of all endeavors that put innocents at risk, is there one with a better record of sparing innocent lives than the US death penalty? Unlikely.

1) The Death Penalty: Saving More Innocent Lives
http://prodpinnc.blogspot.com/2012/03/deat…

2) Innocents More At Risk Without Death Penalty
http://prodpinnc.blogspot.com/2012/03/inno…

MORAL FOUNDATIONS: DEATH PENALTY PT. 1

1) Saint (& Pope) Pius V: "The just use of (executions), far from involving the crime of murder, is an act of paramount obedience to this (Fifth) Commandment which prohibits murder." "The Roman Catechism of the Council of Trent" (1566).

2) Pope Pius XII; "When it is a question of the execution of a man condemned to death it is then reserved to the public power to deprive the condemned of the benefit of life, in expiation of his fault, when already, by his fault, he has dispossessed himself of the right to live." 9/14/52.

3) John Murray: "Nothing shows the moral bankruptcy of a people or of a generation more than disregard for the sanctity of human life."

"... it is this same atrophy of moral fiber that appears in the plea for the abolition of the death penalty."

"It is the sanctity of life that validates the death penalty for the crime of murder. It is the sense of this sanctity that constrains the demand for the infliction of this penalty. The deeper our regard for life the firmer will be our hold upon the penal sanction which the violation of that sanctity merit." (Page 122 of Principles of Conduct).

4) Immanuel Kant: "If an offender has committed murder, he must die. In this case, no possible substitute can satisfy justice. For there is no parallel between death and even the most miserable life, so that there is no equality of crime and retribution unless the perpetrator is judicially put to death.".

"A society that is not willing to demand a life of somebody who has taken somebody else's life is simply immoral."

5) Billy Graham: "God will not tolerate sin. He condemns it and demands payment for it. God could not remain a righteous God and compromise with sin. His holiness and His justice demand the death penalty." ( "The Power of the Cross," published in the Apr. 2007 issue of Decision magazine ).

6) Theodore Roosevelt: "It was really heartrending to have to see the kinfolk and friends of murderers who were condemned to death, and among the very rare occasions when anything governmental or official caused me to lose sleep were times when I had to listen to some poor mother making a plea for a criminal so wicked, so utterly brutal and depraved, that it would have been a crime on my part to remit his punishment.".

7) Jean-Jacques Rousseau: "Again, every rogue who criminously attacks social rights becomes, by his wrong, a rebel and a traitor to his fatherland. By contravening its laws, he ceases to be one of its citizens: he even wages war against it. In such circumstances, the State and he cannot both be saved: one or the other must perish. In killing the criminal, we destroy not so much a citizen as an enemy. The trial and judgments are proofs that he has broken the Social Contract, and so is no longer a member of the State." (The Social Contract).

8) John Locke: "A criminal who, having renounced reason... hath, by the unjust violence and slaughter he hath committed upon one, declared war against all mankind, and therefore may be destroyed as a lion or tyger, one of those wild savage beasts with whom men can have no society nor security." And upon this is grounded the great law of Nature, "Whoso sheddeth man's blood, by man shall his blood be shed." Second Treatise of Civil Government.

====

"Moral/ethical Death Penalty Support: Christian and secular Scholars"
http://prodpinnc.blogspot.com/2009/07/deat…

"The Death Penalty: Neither Hatred nor Revenge"
http://homicidesurvivors.com/2009/07/20/th…

"The Death Penalty: Not a Human Rights Violation"
http://homicidesurvivors.com/2006/03/20/th…

"Killing Equals Killing: The Amoral Confusion of Death Penalty Opponents"
http://homicidesurvivors.com/2009/02/01/mu…

====

1) US Death Penalty Support at 80%; World Support Remains High
http://prodpinnc.blogspot.com/2012/04/us-d…

Much more, upon request. sharpjfa@aol.com

0 likes, 1 dislike
Posted by Dudley Sharp on 06/09/2012 at 5:44 AM

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