For all of those interested in death penalty jurisprudence, keep an eye on Bell v. Thompson.
( The case... ).
This sort of thing is one of the most compelling reasons I can think of for outlawing the death penalty: it is too capricious. What happens if the District Court has the information from the deposition in its original review? Or, for that matter, what if some other clerk -- who was not a psychiatrist -- reviews the case and misses the deposition?
Not to mention that, Scott Petersen aside, whether or not you get the death penalty can depend, in some jurisdictions, upon how good the attorneys you can afford are. Not to mention that the same crime will get you executed in Texas but not in Michigan. Not to mention all the men (I believe the number stands at around a hundred) who have been released from death row because of DNA evidence. (God bless Barry Scheck and the Innocence Project.)
Justice that can treat defendants who do the same crime so differently from each other is no justice at all.
( The case... ).
This sort of thing is one of the most compelling reasons I can think of for outlawing the death penalty: it is too capricious. What happens if the District Court has the information from the deposition in its original review? Or, for that matter, what if some other clerk -- who was not a psychiatrist -- reviews the case and misses the deposition?
Not to mention that, Scott Petersen aside, whether or not you get the death penalty can depend, in some jurisdictions, upon how good the attorneys you can afford are. Not to mention that the same crime will get you executed in Texas but not in Michigan. Not to mention all the men (I believe the number stands at around a hundred) who have been released from death row because of DNA evidence. (God bless Barry Scheck and the Innocence Project.)
Justice that can treat defendants who do the same crime so differently from each other is no justice at all.
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