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To: Diana in Wisconsin
Just some background info on the 153-year ban on capital punishment.

There was one execution in Wisconsin--in 1851. John McCaffery was convicted of drowning his wife Bridget in a barrel of muck, and was hanged in front of 3,000 people in Kenosha.

But the execution went horribly wrong--McCaffery dangled for fifteen plus minutes, suffocating.

Sentiment against the death penalty rose as a result.

In my opinion, times have certainly changed, and in light of the sick crimes (e.g. the Avery case) making the news, surely capital punishment deserves reconsideration.

8 posted on 03/08/2006 9:21:24 AM PST by rzeznikj at stout (This is a darkroom. Keep the door closed or you'll let all the dark out...)
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To: Watery Tart; KRAUTMAN; reformedliberal; Mygirlsmom; codercpc; s2baccha; ozaukeemom; PjhCPA; ...

Re-Pinging you all because there is a full court press by the local liberal media, today:

Death vote could color fall elections - Advisory referendum goes to Assembly
By Anita Weier and David Callender (The Capital Times)

The debate over bringing back the death penalty in Wisconsin is expected to highlight partisan differences in the race for both governor and attorney general.

The hot-button issue is back at the forefront of state politics after the Senate passed a resolution 20-13 Tuesday that would put a statewide advisory referendum on the September primary ballot. The bill is not on the Assembly agenda for Thursday, the last day of the regular session, but it may be considered during brief sessions in April or May, a spokesman for Assembly Speaker John Gard said today.

Gov. Jim Doyle and Attorney General Peg Lautenschlager, both Democrats, oppose capital punishment, as does Dane County Executive Kathleen Falk, who is challenging Lautenschlager in the Democratic primary.

But all of the Republicans running for the two top statewide offices were quick to embrace a proposed statewide advisory referendum on the death penalty.

Gubernatorial candidate U.S. Rep. Mark Green, R-Green Bay, said in a statement that "in certain rare occasions, the only just punishment for the barbarian and inhumane actions of a murderer is the death penalty.

"As I traveled the state in the past few days, time and again, I was asked the same question: 'When is Wisconsin going to allow the death penalty as an option.' I think the time has clearly come," he said.

Green said while he believes the penalty should be rarely used, "there are certain evildoers whose sadistic actions demand the ultimate punishment," such as in cases of the murder of a child or a law enforcement officer.

Green's primary opponent, Milwaukee County Executive Scott Walker, said he supports a referendum on the death penalty for "multiple, first-degree vicious murders."

But he said it is "critical" that convictions in such cases be based on DNA evidence.

"This will guarantee that only guilty people will face capital punishment and is key to my support for the referendum question," he said.

Attorney general candidates J.B. Van Hollen and Paul Bucher also endorsed the referendum.

Bucher, the Waukesha County district attorney, said if elected he would "actively campaign" for a law to impose it in cases of aggravated murder, the death of a law enforcement officer or "where the murderer shows a total disregard for the victim, provided DNA evidence is available."

Van Hollen, a former U.S. attorney, said that the death penalty should be an option "when DNA evidence supports a jury's verdict and when the crime involves murder of law enforcement, multiple homicide, or sexual assault and torture."

On the Senate floor: "This is the first time we actually had a vote and it passed the Senate," said Sen. Alan Lasee, R-DePere, after Tuesday's vote. He has been trying to get the death penalty re-established in Wisconsin for 30 years.

Lasee tried a referendum this time instead of a bill reinstating the death penalty because Doyle would veto a bill, the senator said. Gov. Jim Doyle opposes capital punishment, but has no role in a referendum decision.

The senators ignored pleas by the Wisconsin Catholic Conference to reject the measure.

The Senate vote was largely along party lines, with all Republicans and one Democrat - Sen. Roger Breske of Eland in northern Wisconsin - voting for the referendum.

John Huebscher of the Catholic Conference sent a memo to senators stating that "Our opposition to SJR 5 is grounded in a consistent life ethic, which calls us to defend human life whenever it is threatened."

Huebscher also argued that the wording of the referendum is subjective.

As amended, it states:

"Should the death penalty be enacted in the state of Wisconsin for cases involving a person who is convicted of first-degree intentional homicides, if the homicides are vicious and the convictions are supported by DNA evidence?"

That would create a two-tiered punishment for murder, said Sen. Robert Wirch, D-Pleasant Prairie.

"We are saying there are two different levels of homicide," Wirch said. "Every homicide is vicious. How do you differentiate? It should have logic and a rationale."

A person might commit murder in front of 100 witnesses and not be subject to the death penalty because no DNA was found, argued Sen. Fred Risser, D-Madison.

Wirch also accused Republicans of proposing the measure for political reasons.

But Sen. Jeff Plale, D-South Milwaukee, said, "We know why this bill is here" - recently disclosed details alleged to have occurred during the gruesome murder of photographer Teresa Halbach. "We all have that visceral knee-jerk reaction to seek revenge."

Lasee responded that he introduced the bill last January.

Plale reminded his colleagues that Wisconsin used to have public hangings until one was badly botched, leading to a long and tortured death.

"The Legislature then, in the 1850s, even though it was unpopular, knew Wisconsin could do better," Plale said.

Several Democrats argued that most people on death rows are poor and black, that the system is unjust and that innocent people have been executed.

"You make a mistake with a capital case and there is no going back," Plale warned. "Either you're pro-life or you're not."

Lasee countered that none of those opposing the referendum had mentioned the victims. He said his fight to reinstate the death penalty began after a little girl was raped and murdered in 1978 - a girl the same age his daughter was at the time.

"I know the difference between vicious and non-vicious," Lasee said, naming serial killers Jeffrey Dahmer and David Spanbauer as vicious killers.

"What is a proper punishment for such despicable crimes? Putting someone in jail with three square meals a day doesn't cut it with me. This will have no effect in the Halbach case, unfortunately."

Lasee also noted that 38 other states have a death penalty, as does the federal government for some crimes.

Wirch countered that Wisconsin has a lower murder rate than many states that have capital punishment.

Sen. Carol Roessler, R-Oshkosh, said that those who would be executed have been tried, found guilty and exhausted numerous appeals. "I believe there needs to be a death penalty for individuals who have committed vicious, violent, premeditated first-degree homicide. The death penalty is about justice," she said, adding that two-thirds of her constituents favored the death penalty.

Sen. Robert Jauch, D-Poplar, argued that the death penalty will not deter killers because they are not rational individuals. Risser pointed out that murderers do not expect to be caught.

"Having the death penalty won't bring those hunters back," Jauch said, referring to the murders of six deer hunters in Sawyer County in 2004.

Sen. Jon Erpenbach, D-Middleton, concentrated on the possibility of error.

"There is no possible foolproof, 100 percent guarantee that we will have a system that would never execute an innocent person. Death is an final as it gets. Once you kill someone, they're dead," he said.

"Who would be willing to pull the switch?" asked Plale.

http://www.madison.com/tct/news/stories/


9 posted on 03/08/2006 1:02:37 PM PST by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: rzeznikj at stout

A flibbertigibbet? I know the etymology of the word but the 'gibbet' is just too suggestive.


10 posted on 03/08/2006 1:52:25 PM PST by dhuffman@awod.com (The conspiracy of ignorance masquerades as common sense.)
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