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(California) Judge says executions unconstitutional
Associated Press ^ | December 15, 2006 | David Kravets

Posted on 12/15/2006 10:37:15 PM PST by Zakeet

SAN FRANCISCO - A federal judge who imposed a moratorium on executions in California ruled Friday that the state's method of lethal injection is unconstitutional because it violates the ban on cruel and unusual punishment.

California's "implementation of lethal injection is broken, but it can be fixed," U.S. District Judge Jeremy Fogel said.

Fogel said the case raised the question of whether a three-drug cocktail administered by the San Quentin State Prison is so painful that it "offends" the Eighth Amendment ban on cruel and unusual punishment.

Fogel said he was compelled "to answer that question in the affirmative."

Fogel's decision came on the same day that Florida Gov. Jeb Bush suspended all executions in that state after a botched execution this week.

Lethal injection is the preferred execution method in 37 states. Last month, a federal judge declared unconstitutional Missouri's injection method, which is similar to California's.

The U.S. Supreme Court has upheld executions — by hanging, firing squad, electric chair and gas chamber — despite the pain they might cause, but has left unsettled the issue of whether the pain is unconstitutionally excessive.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: California
KEYWORDS: communistgoals; court; crime; execution; gramsci; judicialautocracy; lethalinjection
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The Justice System grinds to a halt while the Legal System grinds on.
1 posted on 12/15/2006 10:37:16 PM PST by Zakeet
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To: Zakeet

Just call executions retro-active abortion and liberal judges would fall all over themselves upholding them


2 posted on 12/15/2006 10:41:21 PM PST by Texasforever (I have neither been there nor done that.)
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To: Zakeet
Hanging,a firing squad or old sparky are much better and cause less pain.
3 posted on 12/15/2006 10:43:40 PM PST by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: Zakeet

How bout a bullet in the temple? That should be quick.


4 posted on 12/15/2006 10:44:04 PM PST by zarf
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To: Zakeet

murder of innocents is unconstitutional as well... will you ban them your honor?


5 posted on 12/15/2006 10:44:35 PM PST by Cinnamon
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To: Zakeet

"The Justice System grinds to a halt while the Legal System grinds on."

We have neither.

We have a justice industry and crime management system.
And it will never change, at least not in our lifetimes.


6 posted on 12/15/2006 10:45:29 PM PST by Names Ash Housewares
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To: Zakeet
Just in case you couldn't have guessed this one on your own:

Fogel, Jeremy D.

Born 1949 in San Francisco, CA

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by William J. Clinton on September 8, 1997, to a seat vacated by Robert P. Aguilar; Confirmed by the Senate on March 16, 1998, and received commission on March 17, 1998.
7 posted on 12/15/2006 10:45:57 PM PST by conservative in nyc
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To: Zakeet

Fine, lets go back to hanging. That was not unconstitutional for a couple of hundred years. It was thought neither cruel nor unusual, just effective at preventing repeat offenses.


8 posted on 12/15/2006 10:50:37 PM PST by El Gato
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To: conservative in nyc

Replace this perp with an unborn baby and this Klintoon appointee could give a damn about pain.


9 posted on 12/15/2006 10:53:32 PM PST by Kryptonite (Keep Democrats Out of Power!)
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To: Zakeet
Right in a Left World: Jeb Bush Caves to Bleeding Hearts on Executions and an appointed judge declares California voters irrelevant. When do the familes of murder victims receive such a reprieve?
10 posted on 12/15/2006 11:35:40 PM PST by DakotaRed (Kerry Should Resign!)
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To: Zakeet
I'm in favor of restoring hanging in California. Bring it back.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

11 posted on 12/15/2006 11:38:35 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Zakeet

Just shoot them in the freaking head. How painful would that be? They'd be dead immediately. And that would save the state a lot of money too. How expensive is one bullet and a janitor to clean up the mess?


12 posted on 12/15/2006 11:40:21 PM PST by Zeon Cowboy ("Show me just what Muhammad brought... and there you will find things only evil and inhuman.")
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To: Zeon Cowboy
The Chinese do that with one bullet. We should amend the death penalty statute to give the condemned a choice between the gallows and the firing squad.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

13 posted on 12/15/2006 11:42:29 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
"The Chinese do that with one bullet."

And then they bill the person's family for the cost of the bullet.

14 posted on 12/15/2006 11:47:10 PM PST by monkapotamus
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To: monkapotamus
Exactly! Let's bill the murderer's family for the cost of the execution.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

15 posted on 12/15/2006 11:49:16 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: zarf
"How bout a bullet in the temple?"

Base of the skull. Trust me on this.

16 posted on 12/16/2006 12:52:28 AM PST by Bonaparte
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To: Bonaparte
We could bury them alive immediately in unmarked graves. The murderer-loving crowd can't make martyrs out of sociopaths whose deaths would never even get into the headlines.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

17 posted on 12/16/2006 12:54:57 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Zeon Cowboy
"How painful would that be?"

Too messy.

Better would be to run a morphine drip. 1 mg per minute for about 30 minutes ought to do it.

18 posted on 12/16/2006 12:58:59 AM PST by Bonaparte
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To: Bonaparte
See my previous post. My preferred execution is one that's out of mind and out of sight. Which Judge Greer says is painless and constitutional. Now let that SOB Judge Fogel ream it up his lily-white liberal ass.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

19 posted on 12/16/2006 1:01:30 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Zakeet

I'm starting to think that Judges may be unconstitutional.


20 posted on 12/16/2006 1:03:21 AM PST by Manic_Episode (Some mornings, it's just not worth chewing through the leather straps...)
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