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Editorial: Big questions still remain about death penalty
Sacramento Bee ^ | 4/18/8 | Editor

Posted on 04/18/2008 1:59:16 PM PDT by SmithL

The U.S. Supreme Court decision handed down this week validating a lethal injection execution procedure in Kentucky is likely to jump-start executions in many states across the country but not in California. Our state uses the same three-drug protocol the court declared constitutional in a Kentucky case, but the legal flaws with California's death penalty procedure go beyond that one issue.

In a detailed 2006 review of the state's death penalty procedures, U.S. District Judge Jeremy Fogel called the state's "pervasive lack of professionalism" in carrying out executions "deeply disturbing." In calling for a temporary halt of the state's death penalty, the judge cited everything from ill-trained executioners to a jury-rigged death chamber: The state's outdated gas chamber at San Quentin had been converted to serve as the lethal injection chamber. The state is building a new execution chamber.

There are still more problems in California. Two anesthesiologists scheduled to administer the lethal drugs for California's last scheduled execution back in February of 2006, withdrew at the last minute. They cited their professional ethics as physicians, which barred them from assisting at executions. All these issues and more must be resolved before California can resume carrying out the death penalty.

But those are the technical and procedural impediments to execution. Important as they are, they dance around central questions: Is capital punishment appropriate? Can it be applied fairly?

(Excerpt) Read more at sacbee.com ...


TOPICS: Crime/Corruption; Editorial; Government; US: California
KEYWORDS: activistjudge; deathpenalty; tookietime
Justice still waits for California.
1 posted on 04/18/2008 1:59:17 PM PDT by SmithL
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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.

Education:
Stanford University, B.A., 1971

Harvard Law School, J.D., 1974

Professional Career:
Private practice, San Jose, CA, 1974-1978
Lecturer, Human Development, California State University, 1977-1978
Law Foundation, Inc., Santa Clara County, CA Bar Association, 1978-1981
Directing attorney, Mental Health Advocacy Project, 1978-1981
Executive director, 1980-1981
Judge, Santa Clara County, CA Municipal Court, 1981-1986
Judge, Santa Clara, CA Superior Court, 1986-1998

Race or Ethnicity: White

Gender: Male

2 posted on 04/18/2008 1:59:39 PM PDT by SmithL (Reject Obama's Half-Vast Wright-Wing Conspiracy)
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To: SmithL

“Two anesthesiologists scheduled to administer the lethal drugs for California’s last scheduled execution back in February of 2006, withdrew at the last minute. They cited their professional ethics as physicians, which barred them from assisting at executions.”

Bet it doesn’t stop them from killing the unborn .....


3 posted on 04/18/2008 2:12:39 PM PDT by SkyDancer ("I Believe In Law Until It Interferes With Justice")
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To: SmithL
The Sacramento Bee opposes the death penalty? I'm stunned.
4 posted on 04/18/2008 2:15:17 PM PDT by Paul Heinzman (If hitting it is wrong, I don't wanna be right.)
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To: SmithL
The death penalty can be applied fairly. You have liberal judges standing in the way of its full application.

"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 Palelologus

5 posted on 04/18/2008 2:15:25 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SmithL
Two anesthesiologists scheduled to administer the lethal drugs for California's last scheduled execution back in February of 2006, withdrew at the last minute. They cited their professional ethics as physicians, which barred them from assisting at executions.

If their "professional ethics" prevented from taking part in the execution, why did they wait for "the last minute"? Shouldn't they have declined much earlier? This sounds like a political stunt to delay those executions.

6 posted on 04/18/2008 2:17:09 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: SmithL

I still want to know why you can’t just hang these clowns or shoot them in the back of the head?


7 posted on 04/18/2008 2:34:20 PM PDT by NurdlyPeon (New tag line in progress.)
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To: SkyDancer
They cited their professional ethics as physicians, which barred them from assisting at executions.

Didn't bar them from killing Teri Schiavo, did it?

8 posted on 04/18/2008 2:39:12 PM PDT by freespirited
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To: NurdlyPeon

The LA Times editorialized against capital punishment again too. The liberals make it impossible to carry out executions in a timely fashion and then use the fact that the appeals drag on for decades as an argument for abolishing the death penalty entirely.

They always claim they want to replace the death penalty with life in prison. My question is, what about multiple murderers? They can only serve one life term no matter how many people they kill. So, essentially, what incentive do they have not to kill as many people as possible?

Secondly, say your convicted murderer doing life kills another inmate, or a guard? What’s the punishment? Take away his dessert?

Thirdly, prosecutors frequently use the death penalty as leverage with criminals. They offer to take it off the table in exchange for cooperation, etc. What are they supposed to work with if they no longer have that option?

I never get a satisfactory answer to these questions.


9 posted on 04/18/2008 3:05:42 PM PDT by Argus (Obama: All turban and no goats.)
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To: freespirited

Forgot about her - prayed for her all the time then .... it was pure out and out murder what they did to her ... basically it was the judge that denied her anything ... she wasn’t guilty of anything and she was denied water even ... those physicians should have told the judge to go pound sand. Court order???? But they keep those murdering creeps alive ... arghhhhhhh


10 posted on 04/18/2008 3:09:21 PM PDT by SkyDancer ("I Believe In Law Until It Interferes With Justice")
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To: SmithL
Big questions still remain about death penalty

No, LITTLE questions still remain about the death penalty. Trivial, picayune questions. Immaterial questions. Dishonest, delaying, obfuscating questions asked by liars, fools, and traitors.

The big questions about the death penalty were answered a long time ago ... in the Old Testament.

11 posted on 04/18/2008 3:24:17 PM PDT by IronJack (=)
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To: IronJack
Judge Isaac Parker had an expert hangman who figured out that placing the knot just behind the left ear jerked the neck in just the right fashion as to be quick and relatively painless.

Convicted murderers have NO constitutional right to a 100% pain-free execution, but Judge Parker's hangman came pretty dang close. In a career spanning over a decade, be did not have a single botched hanging.

With all the sleezebags we have on death row awaiting execution, I'm sure we could develop someone with the skill of Judge Parker's hangman with just a little more practice. Heck, I'm willing to volunteer if needed.

12 posted on 04/18/2008 4:10:49 PM PDT by Vigilanteman ((Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud))
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To: Repeal 16-17
This sounds like a political stunt to delay those executions.

That is exactly what it was.

"The two unidentified anesthesiologists involved in the Morales case issued a statement after withdrawing from the impending execution, indicating that they had not initially envisioned playing a role in the administration of the lethal drugs the state uses to put inmates to death. However, after examining a Feb. 20 opinion of the Ninth Circuit Court of Appeals, it became clear to them that they might be called on to intervene "if any evidence of either pain or a return to consciousness arose.''

In other words, if for some reason Morales did not die as expected, they would be called on to order more drugs. "Any such intervention would clearly be medically unethical,'' they wrote in their statement."

STATE POSTPONES MORALES EXECUTION
Doctors' ethical dilemma: 'This is a job for an executioner, not a physician'

13 posted on 04/18/2008 4:24:22 PM PDT by facedown (Armed in the Heartland)
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To: Vigilanteman
You're 100 percent correct. The Constitution forbids "cruel and unusual" punishment. It doesn't forbid the punishment from being painful, just as long as it's not sadistic and bizarre. There is no KIND way to execute someone. Or to PUNISH them, for that matter! Lethal injection comes as close to a painless death as is humanly possible at this point in time. The only other faster (and cheaper) method I can think of is a quick bullet to the back of the skull. Then send the family a bill for the bullet.

Or, if anyone is really worried about the vermin experiencing pain, knock them out with the same drugs they use on surgical patients. It's a cinch that you don't feel anything when you're "under" in the OR. Then, while they're out, hit them with the heart-stopper. Then throw the body into the grizzly bear exhibit.

14 posted on 04/18/2008 4:51:46 PM PDT by IronJack (=)
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To: SmithL
This could be done quite easily and painlessly with carbon monoxide gas, or massive overdoses of opiates.

Myself, I'm hoping for the comeback of public hanging.

-ccm

15 posted on 04/19/2008 12:13:55 AM PDT by ccmay (Too much Law; not enough Order.)
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