But not a weakened case

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Killing Inmate While Serving Life

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Even for the elderly

A Marin County Superior Court jury has recommended death for a 79-year-old former photographer convicted in the decades-old murders of four women in what became known as the ‘double initial’ serial killings.

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Another Lifer Kills Cellmate?

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Shooting Girlfriend in the Face

The O’Fallon, Missouri man is accused of shooting his ex-girlfriend, 55-year-old Dorothy Hall, in the face several times.
Culberson has a previous conviction for assault with the intent to kill on his record.
The conviction and the brutal details of the murder are why Lohmar said he wants a jury to consider the death penalty.
“The punishment needs to fit the crime,” he said.

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Lifer Killing Cellmate

Federal prosecutors in Lexington and Washington, D.C., have filed notice that they intend to seek the execution of John Travis Millner, 31, who has a long history of violence in and out of federal prison, including attacks on other inmates and prison guards.

[This category seems to be popping up with more frequency.]

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Missouri: Killing another inmate

Assistant Attorney General Kevin Zoellner, acting as a special Cole County prosecutor, told the Cole County circuit court Wednesday the state will seek the death penalty for an inmate indicted this week for last July’s killing of another inmate.


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Ohio: Repeat Sex Offenders?

Even President Barack Obama concurs: “I think the death penalty should be applied in very narrow circumstances for the most egregious crimes. I think that the rape of a small child, 6 or 8 years old, is a heinous crime.”

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Dallas, TX: Killing Babysitter

Prosecutors and defense attorneys continued their battle over whether Franklin Davis should die for killing his children's baby-sitter.

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California: Rape, Murder of Elderly

A 29-year-old man was sentenced to death Tuesday for raping, torturing and fatally stabbing an 84-year-old widow after breaking into her Anaheim home.

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Prosecutors get to make the call

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Few Conservatives Embrace Anti Death Penalty Deceptions
Dudley Sharp

The most accurate, recent poll (Angus Reid, April 2013) found 86% death penalty support, with only 9% opposing all execution (1a), the highest and lowest, respectively, that I have ever seen.

As a rule Republicans/Conservatives show slightly higher support, plus 3-6% (1b), within polls.

The newest anti death penalty trend is to present conservatives who oppose the death penalty, now spearheaded by a group called Conservatives Concerned About the Death Penalty (CCATDP).

They are no different than standard anti death penalty folks, in that they either present known deceptions, as does CCATDP, or they, simply, accept those frauds, or otherwise presume, without investigation, as Ron Paul, Richard Viguerie and others quoted by CCATDP.

CCATDP

With CCATDP it is expected, as they were founded and funded by a well know, liberal anti death penalty group, Equal Justice USA.

The rebuttal of CCATDP is so extensive, I had to put it within another post at footnote (2), as well as the rebuttal of Montana CCATDP (3), which was the inspiration for the national CCATDP.

Rebuttal: Ron Paul

Ron Paul used to support the death penalty, but has switched, citing two reasons for his opposition: the risk of executing an innocent, due to an incompetent government, and that there is a disparity, based upon class, of those sentenced to death and/or executed.

Death Penalty: Government protection of the innocent

From 25-40 actual innocents have been discovered and released from death row (4) . That is 0.4% of the 8400 sentenced to death in the modern death penalty era, post Gregg v Georgia (1976) - a 99.6% accuracy rate in actual guilty findings, with the 0.4% actual innocents being released upon appeal (4).

This may be the most accurate sanction, as the super due process protections would indicate.

Paul may have relied upon anti death penalty claims of the, now, 143 "exonerated" (1.7%) from death row claims, a fraud known to have originated in 1997, with 69 "exonerated" (4), numbers shown, over that period, to be from 70-85% false (4).

There is no proof of an innocent executed in the modern era, but there is much anti death penalty deception with regard to quite a few cases (4).

Innocents More Protected with The Death Penalty than with LWOP

Many fail to to look at how innocents are at risk without the death penalty, a much more real and severe problem than the execution of innocents (5).

Innocents are more protected with the death penalty than with LWOP (4-6).

How Due Process So Protects the Innocent (and the guilty)

This is what we have with the death penalty, a government program:

There is no sanction which has fewer crimes that qualify for it; nor is there any sanction with greater limitations on its application; nor one that has greater controls in pre trial and at trial; nor one that has two separate trials - one for the verdict, the other for punishment; nor one with greater care in jury selection; nor any sanction with more thorough and extensive appeals.

1) Pre trial has unmatched requirements and protections.

2) Trial

The defendant is presumed innocent.

A look at the legal provisons for Texas, the most active death penalty state:

In Texas, the jury has to find against a defendant/murderer with 100% of the votes (48 votes or 12 jurors times 4 separate issue votes) in order to give a death sentence, but only 1 vote (2%) for the defendant/murderer (or rare innocent) to be spared the death penalty (7).

Many states require two defense counsels for capital trials, rarely required in other cases.

Nationally, 2/3 of death penalty eligible trials end in sentences less than death (8 ). No surprise when things are so stacked in favor of the murderer or the rare innocent party.

3) Appeals

Nationally, within appeals, death row inmates are twice as likely (42%, 3481 cases) to be removed from death row by means other than execution or other death (21%, 1737) (9).

Nationally, there is an 11 year average between sentencing an execution, for the 15% of those murderers sentenced to death.

Texas appeals take, on average, 11 years prior to execution, and can go through 4 courts: The Texas Court of Criminal Appeals (a State Supreme Court that only looks at criminal cases), the Federal District Court, the (federal) Fifth Circuit Court of Appeals and the US Supreme Court, all of which review both direct appeals and appeals based upon the writ.

What do those courts think of Texas?

a) Texas death penalty cases are overturned 17% of the time. Nationally, absent Texas, 40% of death penalty cases are overturned within appeals (9).

Texas's due process shows a 58% improvement over the national average.

b) Texas has executed 45% of those sentenced to death. Nationally, absent Texas, that figure is 11% (9).

Texas' appellate record is 310% better than the national average.

NOTE: Virginia has executed 72% (109) of those so sentenced and has an overturning rate of only 11% (9) and executes within 7.1 years, on average (10).

Could all states come close to Texas and Virgina results? Yes, if liberal judges and legislators would get out of the way, something that CCATDP will not request.

SNIP

Full report:

Few Conservatives Embrace Anti Death Penalty Deceptions
http://prodpinnc.blogspot.com/...race-anti-death.html

Racist Nationwide Crime Spree

No one knows exactly how many atrocities Joseph Paul Franklin committed as he crossed the country more than three decades ago, fueled by hatred of blacks and Jews. Along the way he bombed a synagogue, robbed banks, shot and wounded a porn icon — and killed, by his own account, nearly two dozen people.

Details.

Murder of Peace Officer

A jury unanimously recommended the death penalty Tuesday for Dontae Morris, the man convicted of killing two Tampa police officers in 2010.

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Murder of TSA employee

Alleged LAX shooter Paul Anthony Ciancia faces the death penalty now that a federal grand jury in Los Angeles has charged him with first-degree murder and 10 other felonies in the death of a TSA agent during a shooting spree at the airport last month.

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Protect Police Officers

The number of law enforcement authorities killed by gunfire dipped to 33 in 2013, the lowest total since the Wild West days of 1887, according to a report from a law enforcement advocacy group.

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For Human Smuggling

An Arizona prosecutor wants human smugglers who are convicted of murder to be eligible for the death penalty.

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Public Support (in Mexico)

Surveys by polling firms and media outlets in Mexico over the past seven years show that support for the death penalty has increased to a point where a majority would like to see it reinstated. Recent polls found 70%-80% would like to see the death penalty imposed for crimes such as murder and kidnapping, a rate above the majority support for the death penalty in the USA.

Details.

86% US Death Penalty Support: Highest Ever - April 2013
World Support Remains High
95% of Murder Victim's Family Members Support Death Penalty
http://prodpinnc.blogspot.com/...rt-highest-ever.html

Terrorism

Federal prosecutors Thursday announced they will seek the death penalty against 20-year-old Dzhokhar Tsarnaev in the Boston Marathon bombing, accusing him of betraying his adopted country by ruthlessly carrying out a terrorist attack calculated to cause maximum carnage.

[Note that this is taking place in a state that has abolished the DP.]

Details.