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by gwd 1578 days ago
I'm not against the death penalty in principle; but in practice, at least the way our current system is set up, it just seems to lead to perverse problems. Since prosecutors are generally a political office, there's a strong incentive to be seen as "tough on crime" by getting lots of death penalty convictions. The result is innocent people convicted. If you're alive, there's always a chance your conviction will be overturned, even if 20 years down the road. But if you're dead, there's nothing you can do.

The argument, "Life in prison is a fate worse than death" is an argument to make prison more humane, not an argument to kill people instead.

1 comments

A country that only allows 14 days to challenge the legality of a sentence (https://www.law.cornell.edu/rules/frcrmp/rule_35) is not responsible enough nor does it provide robust enough legal protections to have a death penalty. Rule 35 is the only way a judge can alter a sentence other than compassionate release (https://www.law.cornell.edu/uscode/text/18/3582) or a 2255 (https://www.law.cornell.edu/uscode/text/28/2255) motion (that has a 1 year limit. Also note in 2255 you actually have to make your own 2255 or 2244 motion if your punishment has been found unconstitutional. Relief is not automatically granted in the US Justice system just because the Supreme Court finds your sentence or punishment unconstitutional) or a 2244 (https://www.law.cornell.edu/uscode/text/28/2244 again with a 1 year limit). A convict that accepted a plea can not make a 2255 or 2244 challenge because part of the plea is an agreement to a legal bar from challenging your sentence under it (called an attack on your sentence). If you do not accept a plea and give up your right to challenge your sentence for being illegal or unconstitutional, you face the trial tax (https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRig...). The trial tax not only requires you to give up your constitutional right to a trial but also your right to be free from an illegal (say by gathering evidence in an illegal way) or unconstitutional (say sentence to 30 years for a petty drug offense) sentence. This plea is normally jurisdictional meaning a court can not over rule it. Some Prosecutors will also argue that this waiver applies to compassionate release motions as well.

And this is the point where I no longer feel comfortable commenting on this thread because I am a happy and positive guy looking forward to redeeming myself in society and this is not a constructive use of my energy.