heart of it all...

[RascalJones]

And now this. Look out Texans, next they come for your guns.

WASHINGTON -- At a hearing scheduled for Monday, December 6, a district court in Texas will decide whether the death penalty is unconstitutional in the state based on the disproportionately high risk of wrongful convictions in Texas. This is the first time in the state's history that a court will examine the problem of innocent people being executed in a Texas capital trial.

http://www.huffingtonpost.com/2010/12/0 ... 90705.html

[LaZy]

"... the death penalty is unconstitutional in the state based on the disproportionately high risk of wrongful convictions..."

WHO is allowed 2 make this judgment ( that the Nº is now unacceptable)
HOW do u come about with figures/Nºs 2 back up this claim
WHAT is the magical Nº 2 where it is no longer acceptable 2 have "wrongful convictions"
IF it is unconstitutional in 1 state purely due to figures, does it have 2 b the same figure in other states/ countries?

just some questions that come about from the top of my head atm. Again, my post isnt aimed at either sides of the death penalty defenders, nor am I siding with either side myself.

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[RascalJones]

LaZy,

Each state in the US has an individual Constitution, as well as the US Constituion that governs every state in the union. Each state gets to vote on what it wants the "law of the land" to be for that state. That's why some states have the death penalty, and some do not.

So, it could depend on whether they are arguing it goes against the state constitution or the federal constitution....or both.

Rascal

[LaZy]

Yes I realize this. I am trying, hard, 2 keep this as generic as possible. My questions are expressed as a general principle and not targeted at a specific country or state. IUt just so happens that the news u postedis rferring the great state of Texas, but as far as Im concerned it could have been Portugal, and still Id ask the same questions, and they would then include my neighboring countries.

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[RascalJones]

Just a follow-up for anyone that followed this thread. The case wrapped up last week. Guilty pleas on 10 counts. You can read the story here:

http://www.dispatch.com/live/content/lo ... troom.html

[LaZy]

Thankfully this most horrific chapter can now b considered closed and people can get back 2 their (new) lives. My heart goes out 2 all of them.

One thing that can not b ignored, especially by a Portuguese resident like myself, is the astonishing speed with which "justice" is served in the US! a crime like this, theoretically simple, would take well over a year b4 ever reaching the courthouse! And here, no matter what ur found guilty of, ull never get more than 25 years in prison! That, my friends, I find truly barbaric.

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