Death Penalty Ruled Unconstitutional

W Post ^

[wallcrawlr]

MONTPELIER, Vt. –– A federal judge declared the federal death penalty unconstitutional Tuesday in the second such ruling in less than three months.

U.S. District Judge William Sessions said the law does not adequately protect defendants' rights.

"If the death penalty is to be part of our system of justice, due process of law and the fair trial guarantees of the Sixth Amendment require that standards and safeguards governing the kinds of evidence juries may consider must be rigorous, and constitutional rights and liberties scrupulously protected," he said.

[johnb838]

Grrrrr....

[Burkeman1]

This case will most likely be oberturned in days. The judge in this case should be impeached and removed from the bench- waste of everyone's time.

[Southack]

This sort of judicial activism nonsense will stop as soon as the Senate fulfills its Constitutional duty to review and impeach such rogue judges.

But a Senate majority of Democrats isn't going to do that...

[cuz_it_aint_their_money]

You know......
If we just revoke Vermont's statehood, all their liberal B.S. wouldn't make any difference anyway.

Just a suggestion. :~D

[marshmallow]

Is he referring to abortion?

[DoughtyOne]

Insane. The courts provide the very protections this lunatic sites today. Impeach the bastard!

Thanks to idiots like him we have Charles Manson, Sirhan Sirhan, a number of Manson diciples and others in prison today, coming up for parole hearings ever few years.

[hchutch]

True, but how will we get a Senate that might be willing to take such measures?

The best option is the Republicans. I remember back when Judge Harold Baer made his BS ruling - all it took was the THREAT of impeachment and he backtracked.

[Huck]

It has no affect on state death penalties. Who cares?

[bonesmccoy]

Wow... let's give them to Quebec!

In return we'd get the Senate back, and Leahy can go commune with the socialists in Canada

[OldFriend]

The judge in the Buffalo 6 case is another who has decided that the law, passed in 1998, is troubling and he doesn't want to adhere to that law.

He wants to consider only the consitution not the war on terror.

Seems just training in a terror camp, writing emails describing acts of terror, and planning terror does not make one a terrorist in this judge's mind.

[Huck]

The Feds never should have been so onvolved in criminal penalties anyway. Leave it to the states, and officiate on their compliance with the US Constitution.

[HELLRAISER II]

Roughly translated: There's going to be a lot of Vigilante's taking the law into their own hands, because justice will be the last thing accomplished if this takes precedence.

[Carbonsteel]

I always thought that to be a sick irony.

Liberals adamantly opposed the death penalty for cold-blooded killers, yet support the murder of unborn innocents on demand.

[cuz_it_aint_their_money]

Hey, Works for me! :~D

[Texas Mom]

We need to get a republican majority in the Senate to approve Bush's nominees

Right now with the Dems in charge we will just have more and more of the same ole same ole.

[Numbers Guy]

So, did the judge order that Timothy McVeigh be resurrected?

[chuknospam]

This is in regards to the Death Penalty for Federal Crimes i.e. OK City & McVeigh. Has no bearing on state executions. Feds don't often execute but with the terrorist situation, that could change.

[Texas Mom]

Wow.. How did I do that?

[Iron Eagle]

This ruling only applies to the Federal Death Penalty. And, in this instance, it only applies to those being tried by that judge in that Federal District. (I don't know how many Federal District Court Judges sit in that District of Vermont, but if its more than one, none of the other trial court judges are bound by that judge.

The ruling has no application at all to any state death penalty, including vermont if it has one.

I have not read the opinion, and the story is pretty flimsy on analysis. Thus, I can't opine as to the legal rationale employed. In my opinion, however, there is no grounds that will hold-up upon review.

[borkrules]

What's especially galling is that it is blatantly OBVIOUS that the very constitution this bozo judge claims to be interpreting actually provides for the death penalty by mentioning it EXPLICITLY.

This judge's finding that "innocent" people have been put to death operates as a justification against ANY kind of punishment, since under his apparent theory, only God can know for certain.

[Carbonsteel]

True, but this is just a stepping stone to doing away with the death penalty altogether.

[princess leah]

Well, how about revoking New York and California and oh, let's not forget Florida since they can't seem to vote!

[DoughtyOne]

I doubt the judge is all that concerned over the constitution. If someone's door was being forced in or unarmed people shot in bed, he'd see no problem with it. This guy has an agenda that objects to the death penalty. The death penalty has been examined up the kazoo, reasonable steps provided to protect the innocent, but this guy just can't live with that.

[Sloth]

Amendment V -- U.S. Constitution "...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law..."

[DoughtyOne]

Thanks for those comments. Good points...

[spunkets]

""If the death penalty is to be part of our system of justice, due process of law and the fair trial guarantees of the Sixth Amendment require that standards and safeguards governing the kinds of evidence juries may consider must be rigorous, and constitutional rights and liberties scrupulously protected," he said. "

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

_________________________________________________

The judge is full of it.

[OldFriend]

I was referring to the Judge in the Buffalo 6 terrorist case. He seems to think that since they haven't actually murdered anyone yet, they should be allowed bail. These men have travelled to Canada and then to Afghanistan on a regular basis and the Judge sees no reason to believe they would flee.

[Chairman Fred]

"If [the death penalty] punishment is to be part of our system of justice, due process of law and the fair trial guarantees of the Sixth Amendment require that standards and safeguards governing the kinds of evidence juries may consider must be rigorous, and constitutional rights and liberties scrupulously protected," he said.

Isn't that what liberals really mean?

[goodieD]

oh for pete's sake! It takes 10 years usually to get anyone executed..these judges talk like you're sentenced to death one day, you get executed the next... If a person can't prove their innocence in 10 years, I'd consider that fair enough.

[veronica]

Oh yes, we must make the sure the rights of that animal who killed Samantha Reunion are protected. /sarcasm

[DoughtyOne]

I agree with you on that issue. These people were clearly terrorists, if the charges hold up. And they are clearly a flight risk. There isn't a possible doubt.

[goodieD]

Is he referring to abortion?

Well said! unborn babies don't get "due process" or 10 years to appeal their case.. their fates are decided by a 2nd party who is prejudiced against them, instant decision, instant death!

[cuz_it_aint_their_money]

No, Ya gotta draw the line somewhere.
Those other states do have some redeeming values that warrant keeping them (If ya dig deep enough).
After all, if we didn’t have California, we would never have had Ronald Regan or (God forbid!) JimRob and FreeRepublic!
The only redeeming value that Vermont can lay claim to is very good maple syrup. :~D

[spunkets]

"Yeah right -- nonesense."

It is nonsense, unless you can show where in the 6th Amend. this judge has grounds to come to his conclusion.

[Tony in Hawaii]

Any relation to former FBI director William Sessions?

[OldFriend]

The judge said he would make a bail decision on Oct. 3rd.

We fight the enemy and we fight our judicial system too. G-d help us.

[fly_so_free]

So what does this "judge" think of people who delibrately, without due process of law, inflict the death penalty on the innocent. David Westerfield gave little 7 yr. old Danielle Van Dam the death penalty. Alejandro Avila gave 5 yr. old Samantha Runnion the death penalty. What does this "judge" make of the fact that in both of these cases, BEFORE the innocent little children were given the death penalty, they were tortured and abused by their executioners. What about the Constitutional rights of these children? Keep electing Demacrats America, this is what you get.

[TexasCajun]

Vermont!

This is where Liberals from Berkley go to live off their trust funds once they graduate.

What's next?

State sponsorship of NAMBLA!

[veronica]

Vermont!

Jeffordsville.

[Bad~Rodeo]

Lemme guess, Democ(rat)?

[Uncle Miltie]

Judge William K. Sessions, III of Cornwall, Vermont, has served as a U.S. district judge for the District of Vermont since 1995. From 1978-1995, he was a partner with the Middlebury firm of Sessions, Keiner, Dumont & Barnes. He previously served in the Office of the Public Defender for Addison County. He has served as a professor at the Vermont Law School. He currently serves on the Board of Trustees of the Vermont Law School. Judge Sessions received a B.A. degree from Middlebury College and a J.D. degree from the George Washington School of Law.

[SoggyBottomBoy]

Anybody know who appointed these two judges to the bench. . . .Carter or Clinton perhaps?

[tomahawk]

Another legacy of Klintoon, that will be causing trouble for years if not decades to come.

[Moby Grape]

THIS is why it is IMPORTANT who controls the Senate...JUDICIAL APPOINTMENTS.

[Straight Vermonter]

Are you willing to allow immigration?

[watchin]

The judge in this case should be impeached and removed from the bench ... and executed.

[Illbay]

I know we've heard this before but...

What provision does the honorable court make to secure VICTIMS' rights?

I mean, I would submit that offing a cold-blooded killer helps the greater good, by making sure this person victimizes no one else.

[Non-Sequitur]

On July, U.S. District Judge Jed Rakoff in New York City became the first federal judge to declare the 1994 Death Penalty Act unconstitutional. He cited evidence indicating that innocent people have been put to death.

Only two people have been executed under the 1994 law, Tim McVeigh and Juan Garza. Which one is supposed to have been innocent?