In a significant ruling from the Supreme Court yesterday, the Court reversed the conviction and death sentence of a Georgia man on the basis that prosecutors intentionally discriminated by excluding blacks from the jury. Timothy Foster, an 18-year old black man, was convicted by an all-white jury in 1987 of murdering an elderly white woman. SEE THE REST OF THIS POST
The state of Georgia is set to execute Kelly Gissendaner next week, on Tuesday September 29. In some ways this case is unusual, even exceptional; in other ways, it’s business as usual – especially in a state like Georgia.
What makes Kelly Gissendaner’s case different? For one thing, she’s a woman. Gissendaner is the only woman on Georgia’s death row. If she’s executed, she’ll the first woman put to death by the State of Georgia in 70 years. SEE THE REST OF THIS POST
A protester holds a sign up during an anti-death penalty protest on June 18,2001 in Santa Ana, CA. (Photo by David McNew/Getty Images)
As the death penalty declines across the US, a small number of states are taking drastic measures to keep their death chambers active.
In light of last year’s three gruesomely botched executions, Ohio and Oklahoma (responsible for two of them) are taking the precaution of putting executions on hold. But that’s a little too cautious for Utah and Virginia, two states that appear willing to do just about anything to continue executions.
Warren Hill, who came within an hour of being executed by the state of Georgia in February, has filed a habeas petition at the US Supreme Court. It was the Supreme Court that banned execution of those with “mental retardation” in 2002, although it was left to the states to decide how to determine a defendant’s intellectual disability.
As you may recall from previous posts, Warren Hill was found to be “mentally retarded” by a “preponderance of the evidence” by a Georgia state judge. This finding would have exempted him from execution in other states. But Georgia, and only Georgia, requires proof of “mental retardation” to be “beyond a reasonable doubt.”
Earlier this year, the three mental health experts who had originally testified for the state – thereby creating “reasonable doubt” about Hill’s “mental retardation” claim – took a second, deeper look, and they now agree that Hill is in fact disabled to the extent that it would be unconstitutional to execute him. So now that all 7 experts who have examined him are of the unanimous opinion that Hill is “mentally retarded,” his lawyers have gone back to court to establish that the “beyond a reasonable doubt” threshold has been reached.
Less than half an hour before he was to be put to death, and after he had taken a sedative to prepare for his execution, Warren Hill was granted two simultaneous stays of execution – by a state court on a challenge to the method of his execution, and by the federal 11th circuit court of appeals on the substantive issue of his “mental retardation.”
Warren Hill has an IQ of 70 and has been declared by a state judge to be “mentally retarded” by a preponderance of the evidence. In other states, that would mean his execution would be an unconstitutionally cruel and unusual punishment. But not in Georgia, where a prisoner must prove his “mental retardation” beyond a reasonable doubt, a virtual impossibility given the inexact science of measuring mental disability.
Add to this the fact that the victim’s family and several of the jurors from his trial now oppose his execution, and one wonders: why is the state of Georgia – which is seeking to lift the stays – trying so hard to kill Warren Hill? Who is this execution for?
Georgia is set to carry out an unconstitutional execution while the prisoner’s case is still pending at the US Supreme Court. The high court, as a guardian of the rule of law in this country, must not let this happen. They must stay the execution.
In 2002, the US Supreme Court banned execution of prisoners with “mental retardation” as unconstitutionally cruel and unusual punishment. Warren Hill, with an IQ of 70, was ruled by a judge to be “mentally retarded” by a preponderance of the evidence. But in Georgia, as in no other state, prisoners must prove their “mental retardation” beyond a reasonable doubt. Defining and measuring “mental retardation” is not an exact science – even IQ scores can vary based on the type of test given – so proving it beyond a reasonable doubt is virtually impossible.
By using this unreasonable “reasonable doubt” standard, Georgia has found a way to evade the spirit of the Supreme Court’s important 2002 decision, and to continue killing intellectually disabled prisoners.
A final tally of the Connecticut legislature’s vote to abolish the death penalty.
By this time at the end of the year, states have generally stopped killing their prisoners. This break from executions is a good thing, and perhaps this year it will give us a chance to reflect on the larger question of our violent culture, and on how perhaps we can start focusing on preventing terrible crimes rather than simply responding with more violence.
The end of the year is also a time for looking back. Fortunately, this is also the time of year when the Death Penalty Information Center releases its year-end report, which provides a lot of good data. This year’s version reveals the geographically arbitrary (and increasingly isolated) nature of capital punishment in the U.S. In 2012, death sentences and executions maintained their historically low levels, and only nine states actually carried out an execution. In fact, the majority of U.S. states have not carried out an execution in the last five years. Just four states were responsible for around three-fourths of the country’s executions, and four states issued about two thirds of U.S. death sentences.
In a 5-3 decision, the Court struck down provisions criminalizing the acts of failing to carry immigration papers, seeking or performing work as an undocumented migrant, and provisions allowing police to arrest without warrant anyone suspected of committing a crime that could lead to deportation.
The fact that these provisions will not be able to take effect is a victory for immigrants’ rights activists and those fighting the draconian immigration laws that have been popping up in various parts of the country. Unfortunately, the good news is somewhat overshadowed by the fact that for Latinos and visible migrant communities in Arizona, the chances of being racially profiled have been both increased and de facto legitimized by this decision. SEE THE REST OF THIS POST
Russian police detain a gay rights activists during an attempt to hold an unauthorized rally in central Moscow. (ALEXANDER NEMENOV/AFP/Getty Images)
In the sporting world, countries from the former Soviet Union are used to winning medals. But in terms of gay rights, the only accolades these countries are winning are the wrong ones.
Short of outright criminalizing homosexuality as was the norm during Soviet times, Russia and most of its former satellite states are increasingly violating lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. If a 2012 Eurasia Homophobia Olympics were held today, the “winning” countries trampling on the human rights of LGBTI people would be as follows:
Gold Medal: Armenia, for officially (and utterly shockingly) justifying and defending the firebombing of a gay-friendly bar by self-described young “fascists.”
Marcus Robinson will not be executed but instead spend the rest of his life in prison after a judge ruled that his death sentence was tainted by racial discrimination.
Our justice system has a racial bias problem, both in the way it treats suspects, and the way it treats victims.
The cases of Troy Davis and Trayvon Martin underscore this. If the races were reversed would Troy Davis’ execution have been pursued so relentlessly, would he even have received a death sentence, would police have been so quick to ignore other potential suspects?
And, had the races been reversed, wouldn’t the reaction to Trayvon Martin’s killing have been … different?
But knowing there is racial bias and doing something about it are two different things. In North Carolina, something is being done.