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U.S. judge rules California death penalty system unconstitutional
MSN.COM ^ | 16 JULY 2014 | REUTERS

Posted on 07/16/2014 6:23:56 PM PDT by Extremely Extreme Extremist

SACRAMENTO Calif. (Reuters) - California's system for imposing and carrying out the death penalty is so long and drawn-out that it amounts to cruel and unusual punishment and thus is unconstitutional, a federal judge ruled on Wednesday.

Ruling in the case of Ernest Dewayne Jones, who was condemned to death in 1995 and has yet to be executed, Judge Cormac J. Carney of the U.S. Central District of California said that to take "nearly a generation" to decide on Jones' appeals was unconstitutional

(Excerpt) Read more at news.msn.com ...


TOPICS: Government; News/Current Events
KEYWORDS: donatenotduplicate
The death penalty is the next stop for the Left in overturning state constitutional amendments or laws, like the ones clarifying traditional marriages have been usurped.
1 posted on 07/16/2014 6:23:56 PM PDT by Extremely Extreme Extremist
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To: Extremely Extreme Extremist
long and drawn-out that it amounts to cruel and unusual punishment

So kill them immediately after conviction. Problem solved.

2 posted on 07/16/2014 6:26:27 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: Extremely Extreme Extremist

Judge did not rule the Death Penalty unconstitutional. He rules the CA process is unconstitutional in that has become totally dysfunctional and not utilized according to law.


3 posted on 07/16/2014 6:27:20 PM PDT by rstrahan
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To: Extremely Extreme Extremist

The condemned are the ones taking the appeals, and they want to stall them out as long as they can in order to delay the day of reckoning.

We could address this by frying them immediately.


4 posted on 07/16/2014 6:28:08 PM PDT by kaehurowing (FIGHT BULLYING, UNINSTALL FIREFOX)
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To: Extremely Extreme Extremist

Bush appointee. Enuff said.


5 posted on 07/16/2014 6:28:10 PM PDT by South40 (Hillary Clinton was a "great secretary of state". - Texas Governor Rick Perry)
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>> so long and drawn-out that it amounts to cruel and unusual punishment and thus is unconstitutional, a federal judge ruled on Wednesday

Never heard taxation described in that way...


6 posted on 07/16/2014 6:28:23 PM PDT by Gene Eric (Don't be a statist!)
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To: Extremely Extreme Extremist

What they need is a fast track appeals process that leads to execution or acquittal 3 years after a conviction.


7 posted on 07/16/2014 6:28:32 PM PDT by Zhang Fei (Let us pray that peace be now restored to the world and that God will preserve it always.)
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To: GrandJediMasterYoda

Exactly.

The long and drawn out is because of judges like this guy.

Insanity.


8 posted on 07/16/2014 6:28:59 PM PDT by TigerClaws
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To: Extremely Extreme Extremist

Yes, it does take far too long. But as to cruel and unusual punishment, the constitution doesn’t guarantee a painless execution.


9 posted on 07/16/2014 6:33:16 PM PDT by umgud (I couldn't understand why the ball kept getting bigger......... then it hit me.)
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To: Extremely Extreme Extremist

When will the Demonuts declare Freedom is unconstitutional ?


10 posted on 07/16/2014 6:34:19 PM PDT by molson209 (Blank)
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To: Extremely Extreme Extremist
I'm not a constitutional scholar, but I wonder if the Founders really meant "cruel and unusual" in the sense that we mean it.

I picture two cases:

Case 1: 4 men get arrested for littering -- 3 men get sentenced to 30 days. The fourth man get sentenced to 20 years. The judge explains: "I always sentence everyone to 30 days for this offense but I'm making an exception for that young man because I don't like his attitude."
A cruel sentence for a small offense and highly unusual to have anyone sentenced in that manner.

Case 2: 1 man rapes a child -- the judge sentences him to life in prison. "That's cruel, your honor" says the rapist. The judge explains "It may be cruel, but it's just what we do. I'm not making any exceptions for you."
Cruel, yes, but not unusual.

11 posted on 07/16/2014 6:37:09 PM PDT by ClearCase_guy ("Harvey Dent, can we trust him?" http://www.youtube.com/watch?v=HBsdV--kLoQ)
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To: Extremely Extreme Extremist; Admin Moderator

Doesn’t anyone use the Page Down function on their keyboards any more?

DUPE: http://freerepublic.com/focus/f-news/3181170/posts


12 posted on 07/16/2014 6:43:29 PM PDT by Utilizer (Bacon A'kbar! - In world today are only peaceful people, and the mooslimbs trying to kill them-)
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To: rstrahan

Yep, it’s a conservative ruling that should lead to a more effective death penalty process.


13 posted on 07/16/2014 6:45:00 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Extremely Extreme Extremist

Pretty sure that back when they hanged people that if the criminal’s neck didn’t break, they would let him choke to death. That obviously didn’t seem unconstitutional to the Founders.


14 posted on 07/16/2014 6:46:58 PM PDT by Politicalkiddo (The more helpless the victim, the more hideous the assault.)
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To: Zhang Fei

We need to limit the amount of appeals acceptable to be 1 (which the appeals court should have the right to deny), and also have execution scheduled within 24 hours of the final verdict.

The abolishment of the death penalty is the WORST possible policy imaginable, and is the NUMBER 1 goal of the Left. The vast majority of people in prisons ought to be six feet under already, but the Left has managed to enslave the taxpayer to criminals.


15 posted on 07/16/2014 6:48:11 PM PDT by Objective Scrutator (All liberals are criminals, and all criminals are liberals)
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To: Extremely Extreme Extremist

Currently, BATF approvals for transfers of NFA-regulated firearms are taking 10 months to a year or more. My right to keep and bear arms are therefore being unconstitutionally infringed because of the undue wait that costs me extra taxes to the US Treasury.

Now, all that’s left is for me to go shop around for a Federal judge that says I can just go build and acquire Federally unregistered machine guns, right?

Oh, uh huh.

(Golly, I sure hope the FBI has that new sarcasm detector turned on)


16 posted on 07/16/2014 7:24:47 PM PDT by The KG9 Kid
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To: Extremely Extreme Extremist

Courts entertain al sorts of appeals and reappeals, then claim it takes too long for executions to take place and rule them unconstitutional - slimy......


17 posted on 07/16/2014 8:48:46 PM PDT by Intolerant in NJ
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To: Extremely Extreme Extremist

I know him. He played football for UCLA. Law school class of 87. We worked together for a time. Didn’t know he was a dumbass.


18 posted on 07/16/2014 9:10:59 PM PDT by Defiant (Obama is not the anti-Christ. He is Satan's John the Baptist, preparing the way.)
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To: South40
Bush appointee. Enuff said.

Originally a democrat Gray Davis appointee. He's a Democrat. More of Bush's damn bipartisan reaching across the aisle!

19 posted on 07/17/2014 12:30:56 AM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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To: Swordmaker
Originally a democrat Gray Davis appointee.<./i>

Davis appointed him to the superior court. Bush appointed him to the federal court where he can be removed only by impeachment. Bush also appointed backstabbing liberal Supreme Court Justice John Roberts. Horrendous judicial appointments are but another of his failings.

20 posted on 07/17/2014 12:48:13 AM PDT by South40 (Hillary Clinton was a "great secretary of state". - Texas Governor Rick Perry)
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To: Politicalkiddo

Actually strangulation by hanging was the only way used until 1866 when calculating rope length by weight was introduced to break necks instead.


21 posted on 07/17/2014 2:10:50 AM PDT by Raymann
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To: Raymann

Interesting. Forgive my ignorance. But that fact further punctuates my point. That wasn’t considered cruel or unusual. It sure as heck is cheaper than these stupid drugs they use now.


22 posted on 07/17/2014 2:52:03 AM PDT by Politicalkiddo (The more helpless the victim, the more hideous the assault.)
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To: Extremely Extreme Extremist

Sacco and Vanzetti tried that too, at the last minute. There supporters had delayed execution for seven years with absurd and at the time novel legal maneuvers. At the last minute, they complained that the seven year hiatus between the crime and execution constituted cruel and unusual punishment. The courts didn’t buy it. In the nearly contemporaneous and equally infamous “Double Indemnity” murder trial, the interval between the murder and the double execution was 10 months.


23 posted on 07/17/2014 2:53:06 AM PDT by Lonesome in Massachussets (This is known as "bad luck". - Robert A. Heinlein)
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