Does Utah Have a Death Penalty
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Fictional Documentaries and Truthful Fictions: the Death Penalty in Recent American Film
FICTIONAL DOCUMENTARIES AND TRUTHFUL FICTIONS: THE DEATH PENALTY IN RECENT AMERICAN FILM David R. Dow* When it comes to death, most Hollywood movies cheat. They cheat by tinkering with the truth, because the truth as it ac tually is is too complex or too disturbing to confront honestly. (The so-called happy ending is the most famous form of such cheating.) They cheat because people generally prefer happi ness and simplicity to darkness and complexity, especially where their entertainment is concerned, and filmmakers tend to give people what they want. Even great movies cheat. For example, last year's Oscar winner for best picture, American Beauty, cheats egregiously. The movie (for the one or two of you who have not seen it) deals with modern times: It is about suburbia, men and women who mindlessly pursue meaningless careers, bigotry, and finally, hope and redemption. In the end, the character played by Kevin Spacey is murdered. This is not a surprise ending because the Spacey character narrates the movie in a voice-over, and he tells us as the movie opens that in less than a year he will no longer be alive. We know at the beginning that 110 minutes later Kevin Spacey's character will be dead. Spacey plays a morally ambiguous character. He is in the midst of a full-blown mid-life crisis. He is a lousy husband and a worse father. For virtually the entire length of the film, he lusts after his daughter's high school classmate. In the end, however, he gently rebuffs a neighbor's homosexual advance and-again * George Butler Research Professor of Law, University of Houston Law Center. -
April 6, 2017
Celebrating 125 years as Davis County’s news source SheTech event prepares students The for the future Davis Clipper ON A4 VOL. 125 NO. 36 THURSDAY, APRIL 6, 2017 THE BOUNTIFUL CITY COUNCIL recently approved a six-month moratorium on new development in the community’s historic district. The moratorium is in response to resident concerns that the historic character of the neighborhoods be preserved if new businesses or multi-family housing projects are proposed for Thrive the area. Photos by Tom Haraldsen | Davis Clipper Explore more about vision with the latest word on cataracts, Moratorium for Bountiful historic area stem therapy for eye disease, and more. By TOM HARALDSEN “It’s a three-prong approach,” height, setbacks, parking and [email protected] he said. “We’ll first talk to those in other standards. THRIVE, B1 the neighborhoods and find out There have also been calls for their concerns. Then we’ll take preserving existing homes and BOUNTIFUL—After hearing concerns voiced by that information to the planning possibly changing the zoning commission, who can make in the area from multi-family some residents and business owners in a section of recommendations. Once we have residential to single-family. the community near historic downtown, Bountiful’s something ready to present to Councilmember Kendalyn the council, we’ll bring a proposal Harris stated the six-month time City Council approved adoption of a six-month mora- back before you for adoption. The frame could be punitive for anyone torium on new development in that area. key thing is making sure that we hoping to start new developments can maintain the identity of this this year, as it would push the The section in question is between 400 North and area and that development going approval date of any proposed 500 South, from 400 East to 200 West. -
About the Us Death Penalty
About The Us Death Penalty Gyratory Scarface debilitated no lubricants disobliged ardently after Terrance peptizes daftly, quite pyaemic. chemotropicGranted Konstantin Kermie repulsing,sulphuret histhat meats carder. worries swabs indoors. Er still magnetizing melodiously while Sixteen states from participation in the execution team members are about death penalty as a routine medical licensing is The public is concerned about illegal immigrants from Mexico and associates them with crime. By doing so, we continue to uplift their humanity throughout the process. Finally, I discuss the limitations of the current work and suggest hypotheses for further research. Please visit our ability to death penalty across the about us has been weighed the execution method of the relatively meaningless if either potassium as you? In the following decades, implementation of the death penalty dropped significantly. In the past decade, the work of various innocence projects has had tremendous impact on attitudes about capital punishment in the US and elsewhere. Set body class for different user state. Remove all ads and leave only your desired content. Setting user entitlement class. Mexico has criticised the case raising of death penalty alone on. These appeals are essential because some inmates have come within hours of execution before evidence was uncovered proving their innocence. Unless it can be demonstrated that the death penalty, and the death penalty alone, does in fact deter crimes of murder, we are obligated to refrain from imposing it when other alternatives exist. Create an account to get election deadline reminders and more. The central question now is whether he has the political will and moral strength to exercise it. -
The Execution of Gary Gilmore
The execution of Gary Gilmore. As of December 31st, 1976 there had been no executions in the USA for nine and a half years, after the Supreme Court suspended the death penalty in 1968. The previous execution was that of 48 year old Luis Jose Monge who was put to death in Colorado’s gas chamber on June 2nd, 1967. In the landmark case of Furman v Georgia in 1972 the Supreme Court invalidated all states’ death penalty statutes on the grounds of arbitrariness and they had to rewrite their statutes as a result. The new guidelines allowed for the introduction of aggravating and mitigating factors at the sentencing phase of trials. The new statutes were approved in 1976 in the case of Gregg v. Georgia, clearing the way for a resumption of executions. The first post Furman execution was carried out the following year in the glare of worldwide media interest. On Monday January 17th, 1977, 36 year old Gary Mark Gilmore (opposite) was put to death by firing squad in Utah. Gilmore’s execution was voluntary and he put up a strenuous campaign to be allowed to die. The American Civil Liberties Union (ACLU), among other groups, put up an equally strenuous fight to prevent the execution, seeing it as “opening the floodgates” for future ones. Utah Governor Scott Matheson wanted to grant a stay but found that he didn’t have the power to. The ACLU managed to persuade U S District Court Judge Willis Ritter to grant a stay just 7 hours before the scheduled execution. -
When Prison Gets Old: Examining New Challenges Facing Elderly Prisoners in America
When Prison Gets Old: Examining New Challenges Facing Elderly Prisoners In America by Benjamin Pomerance ―The degree of civilization in a society can be judged by entering its prisons.” -- Russian author Fyodor Dostoyevsky John H. Bunz will celebrate his ninety-second birthday in November.1 Described by observers as ―feeble-looking‖ after the death of his wife in 2010, he requires a walker to take even a couple of steps, and needs a wheelchair to travel any distance of significant length.2 Yet he still is in better health than George Sanges, age 73, who suffers from cerebral palsy, has sagging skin that is listed as ―sallow,‖ takes multiple medications twice a day, and has recently been rushed to the emergency room for heart problems.3 And both of them are far more alert than Leon Baham, a 71-year-old man who has dementia and goes into delusional bouts of yearning for the company of his now-dead wife.4 On the surface, all of these elderly, ailing men have extremely sympathetic profiles. All three need intensive medical care.5 All three have unique physical and emotional needs that are inherent to growing older.6 All three appear to be the type of ―grandfatherly‖ figures to whom our society is historically taught to show the utmost compassion and concern. Yet all three of these individuals also have a huge component of their lives which would naturally tend to turn all thoughts of sympathy and care upside-down. They are all prisoners.7 Not low-level criminals, either, but violent felony offenders with significant sentences. -
UTAH BOARD of PARDONS and PAROLE DECISIONS REPORT from Wednesday, August 21, 2019 to Monday, September 30, 2019 Hearing Date: 2019-08-21
Run Date/Time: 10/01/2019 / 11:23 Page 1 of 391 UTAH BOARD OF PARDONS AND PAROLE DECISIONS REPORT from Wednesday, August 21, 2019 to Monday, September 30, 2019 Hearing Date: 2019-08-21 Offender # Offender Name Offender Hearing Type 189795 Tracy Lynn Winn SPECIAL ATTENTION REVIEW RESULTS Effective Date 1. CONTINUE ON PAROLE/ALTERNATIVE EVENT 08/21/2019 2. RIM: 3 DAY JAIL SANCTION APPROVED 08/21/2019 HEARING NOTES 1. RIM 3 DAY JAIL SANCTION APPROVED. AP&P to consider screening for Parole Violator Program on next violation. Offender # Offender Name Offender Hearing Type 140316 James Steven Sargetis REHEARING RESULTS Effective Date 1. REHEARING 11/01/2019 HEARING NOTES 1. Schedule Rehearing 11/2019 with updated medical report due to the Board of Pardons by 10/01/2019.*** Mr. Sargetis is expected to fully and completely participate in medical evaluation prior to Rehearing, failure to participate will result in further rehe Offender # Offender Name Offender Hearing Type 160441 Jesse Butcher ORIGINAL HEARING RESULTS Effective Date 1. PAROLE GRANTED 10/15/2019 AGREEMENT CONDITIONS 1. STANDARD PAROLE 2. BOPP MNTL HLTH/SUB ABUSE 3. GANG 4. Enter CCC until stabilized, which may include GPS monitoring. 5. Successfully complete educational and/or vocational training or other training as directed. 6. Complete Cognitive Behavioral Therapy to address criminogenic needs as identified in the risk and needs assessment. HEARING NOTES 1. Restitution in Case #151701940 to be returned to the sentencing court for verification, Judgment and Commitment notes that remaining financials have been sent to the Office of State Debt Collection. -
Copy Services for Prisoners
Copy Services for Prisoners The Utah State Law Library provides copy services for prisoners in Utah. Limited service is provided to prisoners outside of Utah. Services Provided for Prisoners in Utah We will copy cases, statutes, treatises, journal articles, Utah appellate briefs, and other legal materials from our library's print or electronic collection and will KeyCite (Shepardize) citations for prisoners in Utah. Services Provided for Prisoners Outside of Utah We will only copy superseded Utah code sections or Utah appellate briefs for prisoners outside of Utah. We do not provide any other resources to prisoners outside of Utah. We cannot do legal research or provide legal advice. We will send – at no charge – copies of sections from an index or a table of contents when possible to help you narrow your request. Charges Copies 25¢ each We will copy two book pages on one side of paper, and copy on both sides of a page to save paper. You are charged for each side. Postage $3.00 If you are incarcerated at Salt Lake County Jail, Utah State Prison, or Central Utah Correctional Facility, we will send your request by interoffice mail so there is no postage charge. Paying for Copies • Advance payment is required. We will not process your request until we have received payment. • There is no minimum deposit. The maximum balance is $100. • We can provide an estimate of how much your request will cost. • Make checks or money orders payable to Utah State Law Library. • Friends or family may deposit money into your account using a credit card (Visa or MasterCard). -
Sectarian Reflections on Lawyers' Ethics and Death Row Volunteers Richard W
Notre Dame Law Review Volume 77 Article 2 Issue 3 Propter Honoris Respectum 3-1-2002 Sectarian Reflections on Lawyers' Ethics and Death Row Volunteers Richard W. Garnett University of Notre Dame, [email protected] Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation Richard W. Garnett, Sectarian Reflections on Lawyers' Ethics and Death Row Volunteers, 77 Notre Dame L. Rev. 795 (2002). Available at: http://scholarship.law.nd.edu/ndlr/vol77/iss3/2 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. SECTARIAN REFLECTIONS ON LAWYERS' ETHICS AND DEATH ROW VOLUNTEERS Richard W. Garnett* In a recent episode of the award-winningjuris-drama, The Practice, Rebecca Ward-one of the idealistic, if occasionally overzealous, young lawyers in Bobby Donnell's high-powered trial boutique-is asked to assist John Mockler, a legendary capital defense lawyer, by serving as local counsel in a federal death penalty case.' Rebecca's enthusiasm for the project wanes briefly upon learning that the con- demned inmate, Walter Dawson, has elected not to fight his impend- ing execution, but quickly waxes again as she sets out for the federal prison in Indiana, determined to convince him to cling to life. She fails. Dawson insists that he is not afraid to die. He assures Rebecca that, having accepted from Christ the gifts of redemption and forgiveness, and committed himself to God's service, he is ready to accept the punishment he believes his "atrocities" require. -
Evolving Standards, Botched Executions and Utah's Controversial Use of the Firing Squad
Cleveland State Law Review Volume 50 Issue 3 Article 3 2003 Nothing Less than the Dignity of Man: Evolving Standards, Botched Executions and Utah's Controversial Use of the Firing Squad Christopher Q. Cutler Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Criminal Law Commons, and the Criminal Procedure Commons How does access to this work benefit ou?y Let us know! Recommended Citation Christopher Q. Culter, Nothing Less than the Dignity of Man: Evolving Standards, Botched Executions and Utah's Controversial Use of the Firing Squad, 50 Clev. St. L. Rev. 335 (2002-2003) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. NOTHING LESS THAN THE DIGNITY OF MAN: EVOLVING STANDARDS, BOTCHED EXECUTIONS AND UTAH’S CONTROVERSIAL USE OF THE FIRING SQUAD CHRISTOPHER Q. CUTLER1 Human justice is sadly lacking in consolation; it can only shed blood for blood. But we mustn’t ask that it do more than it can.2 I. INTRODUCTION .................................................................... 336 II. HISTORICAL USE OF UTAH’S FIRING SQUAD........................ 338 A. The Firing Squad from Wilderness to Statehood ................................................................. 339 B. From Statehood to Furman ......................................... 347 1. Gary Gilmore to the Present Death Row Crowd ................................................ 357 2. Modern Firing Squad Procedure .......................... 363 III. EIGHTH AMENDMENT JURISPRUDENCE ................................ 365 A. A History of Pain ......................................................... 366 B. Early Supreme Court Cases......................................... 368 C. Evolving Standards of Decency and the Dignity of Man............................................... -
Death Row U.S.A
DEATH ROW U.S.A. Winter 2005 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Director of Research and Student Services, Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Winter 2005 (As of January 1, 2005) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,455 Race of Defendant: White 1,576 (45.62%) Black 1,444 (41.79%) Latino/Latina 356 (10.30%) Native American 39 ( 1.13%) Asian 40 ( 1.16%) Unknown at this issue 1 ( .03%) Gender: Male 3,401 (98.44%) Female 54 ( 1.56%) Juveniles: Male 79 ( 2.29%) JURISDICTIONS WITH CAPITAL PUNISHMENT STATUTES: 40 (Underlined jurisdiction has statute but no sentences imposed) Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, U.S. Government, U.S. Military. JURISDICTIONS WITHOUT CAPITAL PUNISHMENT STATUTES: 13 Death Row U.S.A. Page 1 Alaska, District of Columbia, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. Death Row U.S.A. Page 2 In the United States Supreme Court Update to Fall 2004 Issue of Significant Criminal, Habeas, & Other Pending Cases for Cases to Be Decided in October Term 2004 1. CASES RAISING CONSTITUTIONAL QUESTIONS Fourth Amendment Devenpeck v. Alford, No. 03-710 (Probable cause to arrest and qualified immunity) (decision below Alford v. -
The Deseret News
The Deseret News SALT LAKE CITY 15C Nostrums in the Newsroom Raised Sights and Raised Expectations at the DeseretNews By Paul Swenson Nineteen Hundred and Seventy-Six was not a dull year for the 127-year-old Deseret News. Melvin Dummar, a Box Elder County service station operator, was named, along with The Church of Jesus Christ of Latter-day Saints, as a major beneficiary in a purported Howard Hughes will. Idaho's Teton Dam burst, leaving hundreds homeless in the path of the flood. Rep. Allan Howe was arrested and convicted of soliciting sex in Salt Lake City. Theodore Bundy, a University of Utah law student and former aide to the Governor of Washington, was found guilty of attempted kidnapping. In addition, the newspaper's "Pinpoint" investigative team capped its second year of existence with a Sigma Delta Chi award for the year's best piece of investigative print journalism in Utah, a documented indictment of misspent Salt Lake County funds. And then there was Gary Gilmore. Before his execution, Jan. 17, 1977, Gilmore and the press were locked in a painful embrace that neither party could—or would—quit. The manipulative Gilmore engineered the newsflow on front pages worldwide with a degree of control he had never been able to apply to his own life. It was an irresistable news story: a brutal killer who wanted to die, and in the process challenged the hypocrisy behind a death sentence that seemed tortuously slow to culminate. Never mind that Gilmore was the first person likely to be executed in the United States in nine years and that the future of capital punishment in America perhaps hung in the balance. -
Ronnie Lee Gardner, a 49-Year-Old Man, Is Due to Be Executed by Firing Squad in the US State of Utah on 18 June
UA: 113/10 Index: AMR 51/039/2010 USA Date: 12 May 2010 URGENT ACTION FIRST EXECUTION IN 11 YEARS SCHEDULED IN UTAH Ronnie Lee Gardner, a 49-year-old man, is due to be executed by firing squad in the US state of Utah on 18 June. Condemned to death for killing a lawyer during an escape attempt in 1985, he has been on death row for almost a quarter of a century. The last execution in Utah was in 1999. On 2 April 1985, 24-year-old Ronnie Gardner was being led into a court building in Salt Lake City for a hearing on a second degree murder charge when a female accomplice handed him a gun. An exchange of gunfire with guards ensued, during which Ronnie Gardner was shot in the chest. Wounded, he entered the archives room, inside which was a court clerk, a prison officer, and three lawyers. He fatally shot one of the lawyers, Michael Burdell, before fleeing the room and the building. He was surrounded by police in the car park, and surrendered. He was tried in October 1985 and sentenced to death for the first-degree murder of Michael Burdell. After holding an evidentiary hearing in November 1990, a state court judge ruled in 1991 that Ronnie Gardner had been denied adequate legal representation at the sentencing stage of his trial, including as a result of the defence counsel's failure to investigate and present mitigating evidence to the jury. He ordered a new sentencing hearing. However, the Utah Supreme Court overturned the decision, ruling that errors by the lawyers had not been shown to have prejudiced Ronnie Gardner's trial.