Day: July 11, 2015

A global view of America’s relationship with capital punishment


China. Iran. Saudi Arabia. Iraq. The United States of America.
What you just read is, according to Amnesty International, a list of the countries that executed the largest numbers of prisoners in 2014.
While the U.S. Supreme Court was making huge news last month with its decisions on Obamacare and same-sex marriage, it also issued a ruling on another hot-button issue: capital punishment. The question before the court was a narrow one, whether Oklahoma’s lethal injection procedure constituted cruel and unusual punishment. By a 5-4 vote, the court said no.
But the opinions released June 28 reflected a bitter controversy within the court about capital punishment that coincides with polling indicating a decline in support for it among Americans.
The arguments for and against capital punishment (the mistakes, the question of deterrence, unequal application, etc.) are well established.
But the Amnesty report released earlier this year helps put that controversy into a global context. Simply put, the United States is part of a relatively small minority of countries – 22 in 2014 – that still impose capital punishment. And it’s fair to say that many Americans wouldn’t normally choose the company the U.S. is keeping on that list. For a number of years now, the United States has been the only country in the Americas to execute anyone at all.
The office of the U.N. high commissioner for human rights, says 160 U.N. members have either abolished capital punishment or are not executing anyone. And Secretary-General Ban Ki-moon says, “The death penalty has no place in the 21st century.” The European Union makes abolishing capital punishment a precondition for membership.
Amnesty, which keeps careful numbers on capital cases globally, acknowledges that in many countries, the figures are not public and it is hard to know how many people actually were executed. That is certainly true of China, which executes far more people than any other country. Amnesty thinks there were several thousand executions there last year, but China considers the figure a state secret. There were at least 289 in Iran, 90 in Saudi Arabia, 61 in Iraq and 35 in the U.S.
The next 5 were Sudan (at least 23), Yemen (22), Egypt (15), Somalia (14) and Jordan (11). Also not very inspiring company.
While the number of known executions worldwide fell last year, substantially more people were actually sentenced to death, Amnesty says. That’s mostly due to large numbers in Nigeria and Egypt. Nigeria is battling the Boko Haram extremist group, and Egypt has been conducting mass trials of members of the Muslim Brotherhood, which had formed the previously government. But death sentences and executions are not the same thing.
Just because you’ve banned or suspended capital punishment doesn’t mean your country is a paragon of virtue, of course. And in those that do conduct executions, not all cases are equally clear. Few Americans would probably go along with the decision of Iranian authorities last year to execute a woman who stabbed a man during a sexual assault.
It’s also worth comparing the death sentence Dzhokar Tsarnaev received last month for the Boston Marathon bombings, which killed 3 people, with the sentence Norway imposed on right-wing extremist Anders Behring Breivik for a much deadlier act of terrorism – a bombing and shooting spree that killed 77 people in 2011.
Breivik famously complained about bad video games in the prison where he is serving 21 years. If that term seems incredibly light by U.S. standards, it can be extended indefinitely if authorities determine that he still poses a threat to society.
Then, there was Indonesia’s decision to execute drug offenders in response to what its new president says is a “national emergency” of drug abuse. 8 – Nigerian, Brazilian and Australian citizens, as well as one Indonesian – were shot by a firing squad in late April despite international appeals to spare their lives.
President Joko Widodo’s decision to go ahead with executions in drug cases appears politically popular with Indonesians.
But overall, capital punishment seems to be one of those issues where public attitudes don’t necessarily influence government policy.
Take these numbers from Russia. Russia suspended executions in the 1990s. However, a large majority still favored imposing capital punishment for a variety of offensives (The numbers are a few years old now, but are unlikely to have changed a great deal). The biggest percentage favored permitting execution in cases of sexual offenses against teenagers. Only about a quarter of those polled were in favor of keeping the moratorium or banning capital punishment altogether.
Then, there’s Britain, which hasn’t executed anyone for more than 1/2 a century – since 1964.
Still, Amnesty International said, polls indicated that as recently as 5 years ago, a bare majority – 51 % – favored the use of capital punishment. By last year, that figure had fallen to 45 %.
July 10, 2015

 

TEXAS – UPCOMING EXECUTION JULY 16 – Clifton Williams at 6 p.m EXECUTION HALTED !


JULY 16. 2015

The Texas Court of Appeals has halted the execution of a death row inmate just hours before he was set to be killed.

WASHINGTON (Sputnik) — The Texas Court of Appeals has halted the execution of death row inmate Clifton Lamar Williams on Thursday just hours before he was set to be killed.

“This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5 and a motion for a stay of execution,” the Court of Criminal Appeals of Texas order read on Thursday.

The Court of Appeals said that it approved William’s appeal application, which is now returned to a trial court for a review on its merits before a final decision is determined.

In a brief order, the court agreed to return the case to the trial court in Tyler to review an appeal from Williams’ attorneys. They want to examine whether incorrect FBI statistics regarding DNA probabilities in population estimates cited by witnesses could have affected the outcome of Williams’ trial.

“We need time to look at this,” said Seth Kretzer, one of Williams’ lawyers. “No way we can investigate this in five hours.

“It requires some time, and the CCA saw that.”

 

July 10, 2015

East Texan Clifton Williams heads to the gurney next Thursday, July 16, after nine years spent on death row for the murder of Cecelia Schneider.

Williams, 31, was 21 years old at the time of Schneider’s murder, July 9, 2005. Court records show that he broke into the 93-year-old’s Tyler home, stabbed, strangled, and beat her, then laid her body on her bed and set her bed on fire. He left Schneider’s house with her car and her purse, which contained $40. He argued at trial that his friend, Jamarist Paxton, forced him to break into the house with him, and coerced him into cutting his hand so as to leave his DNA on-scene. But police weren’t able to find any evidence that would substantiate Williams’ claims about accomplices, and Paxton denied involvement. In Oct. 2006, Williams was found guilty of capital murder (in addition to a number of other offenses) and sentenced to death.

Williams’ attorneys have argued in state and federal petitions for relief (as well as a petition for a Certificate of Appealability) that Williams suffers from a wide range of mental illnesses, including paranoid schizophrenia, with which he was diagnosed when he was 20. They have tried to argue that his mother suffered from mental illness, and that Williams had trouble functioning from an early age. They also claim Williams was the victim of incompetent counsel, as attorneys at trial failed both to establish Williams as the victim of mental illness and to mitigate his standing as a future danger to society. Most notably, his petitions for relief note, trial counsel erred by stating their intent to establish mental illness before Williams received a court-ordered psych exam, giving prosecutors the ability to refute counsel’s claims without any established medical standing.

Last September, attorneys Seth Kretzer and James Volberding presented Williams’ case to the U.S. Supreme Court in hopes that the Justices would hear Williams’ mental illness claims. Specifically, records note, they wanted to prove that one ruling – ex parte Briseño, which lays out three basic conditions to determine competence – blocks Williams from arguing mental retardation on the basis ofAtkins v. Virginia (which placed a categorical ban on executing the mentally ill, and was previously rejected by the Texas Court of Criminal Appeals). The Supreme Court denied that petition in early April, however, without comment or explanation. Williams’ attorneys do not plan to file any last-minute appeals.

Williams will be the 10th Texan executed this year, and 528th since the state reinstated the death penalty in 1976. However, his execution coincides with emerging reports that indicate the number of Texans being sent to death row has now significantly decreased. In fact, jurors around the state have yet to sentence anyone to death in 2015. The last person to receive such a sentence was former Kauf­man County attorney Eric Williams (no relation), who shot and killed Chief Assistant District AttorneyMark Hasse on Jan. 31, 2013, before killing County D.A. Michael McLelland and his wife Cynthia two months later. He was sentenced to death last Dec­em­ber. It’s the first time in more than 20 years that the state has made it to July without issuing a new death sentence.

Execution Watch with Ray Hill
can be heard on KPFT 90.1 FM,
in Galveston at 89.5 and Livingston at 90.3,
as well as on the net here
from 6:00 PM CT to 7:00 PM CT
on any day Texas executes a prisoner.

Obama to become first sitting president to visit a prison


July 10. 2015

President Obama will become the first sitting president to visit a federal prison, part of a push he plans next week for reforming the criminal justice system.