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Executive Clemency: the Lethal Absence of Hope
American University Criminal Law Brief Volume 3 Issue 1 Article 1 2007 Executive Clemency: The Lethal Absence Of Hope Jonathan Harris Lothlórien Redmond Follow this and additional works at: https://digitalcommons.wcl.american.edu/clb Part of the Criminal Law Commons Recommended Citation Harris, Jonathan, and Lothlórien Redmond. "Executive Clemency: The Lethal Absence Of Hope." Criminal Law Brief 3, no. 1 (2007): 2-15. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Criminal Law Brief by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. EXECUTIVE CLEMENCY: THE LETHAL ABSENCE OF HOPE1 Jonathan Harris* and Lothlórien Redmond** Executive clemency is an act by a governmental chief Section 2 of the Constitution.9 In 1833, Chief Justice John executive that relieves in whole, or in part, the consequences Marshall described the basis and scope of the Presidential par- resulting from a criminal conviction.2 Although not limited to don power in the following sweeping terms: death penalty cases, the concept of clemency is most common- ly associated with the decision by a sitting state governor A pardon is an act of grace, proceeding from the power whether to commute a sentence of death to a lesser sentence, intrusted with the execution of the laws, which usually to life imprisonment.3 It is in that context that this arti- exempts the individual, on whom it is bestowed, from cle examines the meaning and process of clemency. -
Amnesty International, Human Rights & U.S. Policy
AMNESTY INTERNATIONAL, HUMAN RIGHTS & U.S. POLICY Maria Baldwin A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2006 Committee: Gary R. Hess, Advisor Franklin W. Goza Graduate Faculty Representative Robert Buffington Douglas Forsyth ii ABSTRACT Gary R. Hess, Advisor This dissertation assesses Amnesty International’s ability to influence U.S. foreign policy through an examination of its human rights campaigns in three different nations—Guatemala, the United States and the People’s Republic of China. While these nations are quite different from one another, according to Amnesty International they share an important characteristic; each nation has violated their citizens’ human rights. Sometimes the human rights violations, which provoked Amnesty International’s involvement occurred on a large scale; such as the “disappearances” connected with Guatemala’s long civil war or the imprisonment of political dissidents in the PRC. Other times the human rights violations that spurred Amnesty International’s involvement occurred on a smaller-scale but still undermined the Universal Declaration of Human Rights; such as the United States use of capital punishment. During the Guatemalan and Chinese campaigns Amnesty International attempted to influence the United States relations with these countries by pressuring U.S. policymakers to construct foreign policies that reflected a grave concern for institutionalized human rights abuse and demanded its end. Similarly during its campaign against the United States use of the death penalty Amnesty International attempted to make it a foreign policy liability for the United States. How effective Amnesty International has been in achieving these goals is the subject of this dissertation. -
Costs of Capital Punishment in California: Will Voters Choose Reform This November?
Loyola of Los Angeles Law Review Volume 46 Number 0 issue.1 Article 1 9-10-2012 Costs of Capital Punishment in California: Will Voters Choose Reform this November? Judge Arthur L. Alarcón Paula M. Mitchell Follow this and additional works at: https://digitalcommons.lmu.edu/llr Recommended Citation Judge Arthur L. Alarcón & Paula M. Mitchell, Costs of Capital Punishment in California: Will Voters Choose Reform this November?, 46 Loy. L.A. L. Rev. S1 (2012). Available at: https://digitalcommons.lmu.edu/llr/vol46/iss0/1 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. COSTS OF CAPITAL PUNISHMENT IN CALIFORNIA: WILL VOTERS CHOOSE REFORM THIS NOVEMBER? Judge Arthur L. Alarcón & Paula M. Mitchell* In a 2011 study, the authors examined the history of California’s death- penalty system to inform voters of the reasons for its extraordinary delays. There, they set forth suggestions that could be adopted by the legislature or through the initiative process that would reduce delays in executing death-penalty judgments. The study revealed that, since 1978, California’s current system has cost the state’s taxpayers $4 billion more than a system that has life in prison without the possibility of parole (“LWOP”) as its most severe penalty. In this article, the authors update voters on the findings presented in their 2011 study. -
Clemency in California Capital Cases Mary-Beth Moylan Pacific Cgem Orge School of Law
University of the Pacific Scholarly Commons McGeorge School of Law Scholarly Articles McGeorge School of Law Faculty Scholarship 2009 Clemency in California Capital Cases Mary-Beth Moylan Pacific cGeM orge School of Law Linda Carter Pacific cGeM orge School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.pacific.edu/facultyarticles Part of the Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Mary-Beth Moylan & Linda E. Carter, Clemency in California Capital Cases, 14 Berkeley J. Crim. L. 37 (2009). This Article is brought to you for free and open access by the McGeorge School of Law Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in McGeorge School of Law Scholarly Articles by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. Moylan and Carter: Clemency in California Capital Cases Clemency in California Capital Cases Mary-Beth Moylant and Linda E. Cartert INTRODUCTION This article is a survey of procedures and reasoning involved in California clemency in the context of the death penalty. Though the article is principally descriptive in nature, our analysis includes some prescriptive recommendations. This article grew from a report that we prepared at the request of the California Commission on the Fair Administration of Justice. We undertook a study of clemency in capital cases throughout the years of California's use of the death penalty.2 Our goal was to provide the Commission with as much information as possible about the procedures and reasons for granting or denying clemency in capital cases. -
The ACLU of Northern California
ACLU of Northern California FACING FORWARD, FACING FREEDOM 2005 Annual Report TABLE OF CONTENTS 03 DEATH PENALTY 04 FREE SPEECH 05 KEEPING PACE WITH CALIFORNIA’S CHANGING FACE 06 GOVERNMENT SURVEILLANCE / SAFE & FREE CAMPAIGN 08 LGBTI RIGHTS 09 POLICE PRACTICES 10 RACIAL JUSTICE 11 REPRODUCTIVE RIGHTS 12 TECHNOLOGY & CIVIL LIBERTIES 13 ACLU YOUTH 14 MEMBERSHIP & VOLUNTEERS 16 OUR DONORS 26 FINANCIAL REPORT DEAR FRIENDS OF THE ACLU The government’s abuse of power dominated the 2005 agenda of the ACLU of Northern California (ACLU-NC)—whether it was a death penalty system no fairer than a lottery, local and state law enforcement’s infiltration of anti-war protests, or our groundbreaking investigation into police misuse of stun guns following 15 post-Taser deaths in Northern and Central California. From our campaign to reform the USA Patriot Act to our “No Fly” litigation, the ACLU-NC collaborated with the national ACLU to mobilize members and challenge the federal government’s relentless pursuit of unchecked power in the name of national security. Through the generous support of our existing donors and our many new members, we have been able to invest greater resources in fighting each new threat. We now have a new San Jose office, a staff attorney devoted to technology and civil liberties, an expanded communications department, a Death Penalty Policy director, and a third full-time lobbyist in our Sacramento office. As a result, we are having an even greater impact on key strategic issue areas and in regions across Northern California. So when anti-abortion backers put a measure on the November ballot that would have forced physicians to notify parents before giving minors access to abortion, we joined forces with our coalition partners. -
Appeal No. 14-56373 in the United States Court Of
Case: 14-56373, 03/06/2015, ID: 9449023, DktEntry: 44, Page 1 of 32 APPEAL NO. 14-56373 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ERNEST DEWAYNE JONES, Petitioner-Appellee, v. RON DAVIS, Warden, Respondent-Appellant. ___________ AMICUS-CURIAE BRIEF OF CORRECTIONAL LIEUTENANT MARSHALL THOMPSON, RETIRED IN SUPPORT OF AFFIRMANCE ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, NO. 09-CV-02158-CJC THE HONORABLE CORMAC J. CARNEY ________ O’MELVENY & MYERS LLP STEVEN J. OLSON CHRISTOPHER B. CRAIG 400 SOUTH HOPE STREET LOS ANGELES, CA 90071 TELEPHONE: (213) 430-6000 FACSIMILE: (213) 430-6407 Pro Bono Attorneys for Amicus-Curiae MARSHALL THOMPSON Case: 14-56373, 03/06/2015, ID: 9449023, DktEntry: 44, Page 2 of 32 TABLE OF CONTENTS Page I. INTRODUCTION ................................................................................................. 1 II. STATEMENT OF INTEREST OF AMICUS CURIAE ..................................... 2 III. STATEMENT OF COUNSEL ........................................................................... 2 IV. STATEMENT OF ISSUES ................................................................................ 3 V. ARGUMENT ....................................................................................................... 3 A. California’s System for Appellate Review of Death Sentences Violates the Eighth Amendment by Rendering Execution Arbitrary ............................................................................................... 3 1. An Inmate -
A Judge's Experience in Lethal-Injection Litigation Jeremey Fogel
Fordham Urban Law Journal Volume 35 | Number 4 Article 2 2008 In the Eye of the Storm: A Judge's Experience in Lethal-Injection Litigation Jeremey Fogel Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Law Commons Recommended Citation Jeremey Fogel, In the Eye of the Storm: A Judge's Experience in Lethal-Injection Litigation, 35 Fordham Urb. L.J. 735 (2008). Available at: https://ir.lawnet.fordham.edu/ulj/vol35/iss4/2 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. IN THE EYE OF THE STORM: A JUDGE'S EXPERIENCE IN LETHAL-INJECTION LITIGATION The Honorable Jeremy Fogel* INTRODUCTION The case of Morales v. Tilton,' which challenges the constitution- ality of California's lethal-injection protocol for executions, is unique among the many thousands of disputes over which I have presided in more than twenty-six years as a federal and state judge. It has demanded the most from me-intellectually, emotionally, and spiritually-of any matter that ever has appeared on my docket. While I may not comment on the merits of the case be- cause it is still pending before me,2 I am hopeful that those who read this Article will find my personal experience of interest, as a commentary on the workings of our legal system, a meditation on being a judge, and a reflection upon the potency of the death pen- alty as an issue in our society. -
The Lethal Injection Quandary: How Medicine Has Dismantled the Death Penalty
Fordham Law Review Volume 76 Issue 1 Article 3 2007 The Lethal Injection Quandary: How Medicine Has Dismantled the Death Penalty Deborah W. Denno Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Deborah W. Denno, The Lethal Injection Quandary: How Medicine Has Dismantled the Death Penalty, 76 Fordham L. Rev. 49 (2007). Available at: https://ir.lawnet.fordham.edu/flr/vol76/iss1/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Lethal Injection Quandary: How Medicine Has Dismantled the Death Penalty Cover Page Footnote Arthur A. McGivney Professor of Law, Fordham University School of Law. B.A., University of Virginia; M.A., University of Toronto; Ph.D., J.D., University of Pennsylvania. I am most grateful to the following individuals for their contributions to this article: Ty Alper, Daniel Auld, David Baldus, David Barron, Ned Benton, Douglas Berman, Leigh Buchanan Bienen, John Blume, Edward Brunner, Peter Cannon, A. Jay Chapman, Eric Columbus, Stanley Deutsch, Richard Dieter, Lawrence Egbert, Watt Espy, Roberta Harding, Mark Heath, Fred Jordan, Natasha Minsker, Michael Radelet, Ellyde Roko, Ruth Wachtel, William Wiseman, and Arthur Zitrin. I give special thanks to Daniel Auld and Ellyde Roko for their superb efforts in collecting and analyzing the information on lethal injection protocols, and to Ellyde Roko for excellent research assistance. -
Fordham University School of Law
Fordham University School of Law May 2007 THE LETHAL INJECTION QUANDARY: HOW MEDICINE HAS DISMANTLED THE DEATH PENALTY By DEBORAH W. DENNO ARTHUR A. MCGIVNEY PROFESSOR OF LAW (WORKING PAPER) This paper can be downloaded without charge from the Social Science Research Network electronic library: http://ssrn.com/abstract=983741 THE LETHAL INJECTION QUANDARY: HOW MEDICINE HAS DISMANTLED THE DEATH PENALTY Deborah W. Denno* INTRODUCTION On February 14, 2006, a federal district court rendered a ruling1 that would transform this country’s views of capital punishment.2 For California to conduct the lethal injection execution of Michael Morales, the state had to choose one of two court-mandated options: provide qualified medical personnel who would ensure Morales was unconscious during the procedure, or alter the Department of Corrections’ execution protocol so that only one kind of drug would be given, rather than the standard sequence of three different drugs.3 Evidence suggested that, of the eleven inmates lethally injected in California, six may have been conscious and tormented by the three-drug regimen,4 potentially creating an “‘unnecessary risk of unconstitutional pain or suffering’” in violation of the Eighth Amendment’s Cruel and Unusual Punishments Clause.5 In a captivating legal moment, the state chose to have medical experts present at Morales’ execution, setting the stage for a showdown between law and medicine.6 Immediately, medical societies protested the Morales court’s recommendation and the ethical quandaries it posed.7 Three stalwart groups – the American Medical Association,8 the * Arthur A. McGivney Professor of Law, Fordham University School of Law. -
Clemency in California Capital Cases
Clemency in California Capital Cases Mary-Beth Moylant and Linda E. Cartert INTRODUCTION This article is a survey of procedures and reasoning involved in California clemency in the context of the death penalty. Though the article is principally descriptive in nature, our analysis includes some prescriptive recommendations. This article grew from a report that we prepared at the request of the California Commission on the Fair Administration of Justice. We undertook a study of clemency in capital cases throughout the years of California's use of the death penalty.2 Our goal was to provide the Commission with as much information as possible about the procedures and reasons for granting or denying clemency in capital cases. In addition to researching documentary materials, we also interviewed many individuals who have been involved in capital clemency 3 proceedings and policy. t Director, Global Lawyering Skills Program, University of the Pacific, McGeorge School of Law. The authors would like to thank their research assistants for their invaluable work on this study. They are Pacific McGeorge students Leslie Ramos, Lauren Tipton, Andrew McClelland, and Christopher Chaffee. : Professor of Law and Director, Institute for Development of Legal Infrastructure, University of the Pacific, McGeorge School of Law. 1. The California Commission on the Fair Administration of Justice was created by a State Senate Resolution in 2004 and charged with: (1) [Studying] and [reviewing] the administration of criminal justice in California to determine the extent to which that process has failed in the past, resulting in wrongful executions or the wrongful conviction of innocent persons; (2) [Examining] ways of providing safeguards and making improvements in the way the criminal justice system functions; and (3) [Making] any recommendations and proposals designed to further ensure that the application and administration of criminal justice in California is just, fair, and accurate.. -
Remedies for California's Death Row Deadlock
ALAR11 5/29/2007 1:13:48 AM ARTICLES REMEDIES FOR CALIFORNIA’S DEATH ROW DEADLOCK JUDGE ARTHUR L. ALARCÓN∗ I. INTRODUCTION The unconscionable delay in the disposition of appeals and habeas corpus proceedings filed on behalf of California’s death row inmates continues to increase at an alarming rate. It is now almost double the national average. Procedural changes must be made to the manner in which death penalty judgments are reviewed to avoid imprisoning a death penalty inmate for decades before the condemned prisoner’s constitutional claims are finally resolved. This Article identifies the woeful inefficiencies of the current procedures that have led to inexcusable delays in arriving at just results in ∗ Senior Judge, United States Court of Appeals for the Ninth Circuit. Over the course of my career, I have participated in every aspect of death penalty cases. As a Los Angeles County Deputy District Attorney, I prosecuted persons accused of first degree murder in which the death penalty was sought. As the Legal Advisor to Governor Edmund G. “Pat” Brown, I was responsible for conducting investigations to assist the Governor in deciding whether to grant a commutation of the sentence of a death row inmate to life imprisonment. As Chairman of the Adult Authority (California Parole Board for Adult Men), I reviewed applications from prisoners convicted of murder in the first degree and other felonies who sought to be released on parole. As a Los Angeles County Superior Court judge, I presided over first degree murder trials in which the prosecution sought the death penalty. As an Associate Justice on the California Court of Appeal, I reviewed judgments of trial courts in first degree murder cases where prisoners were sentenced to life without the possibility of parole. -
An Eye for an Eye: in Defense of the Death Penalty by William T
An Eye for an Eye: In Defense of the Death Penalty by William T. Harper is a response to, among other things, Sister Helen Prejean’s books, Dead Man Walking (1993) and The Death of Innocents (2005). There is a distinct and vitally active move afoot in this country to do away with the death penalty – a movement generally headed up by social liberals in search of a “cause.” And, as most polls show, they are winning. Support for the death penalty is diminishing. The United States State Department, a source that might not have an axe to grind in the death penalty debate, recently reported “public support [for the death penalty] has dropped from 80 percent to 61 percent since 1994.” The death penalty opponents are winning because most of America’s vast “silent majority” is conceding the argument through inaction and default, and through ignorance and apathy (“I don’t know and I don’t care”). Others who have taken similar anti-death penalty stances are also met head-on by An Eye for an Eye as it strives to preserve, protect, and defend the concept that for a crime there must be a punishment; that the punishment must fit the crime – and for the ultimate crime there must be the ultimate punishment. Via a series of chapter-opening vignettes illustrating the ghastly, brutal, monstrous murders committed by some of those the death penalty dissenters would spare, the book goes on to prove that the so-called “panacea” – Life Without Parole – is a joke that isn’t funny.