Tuesday, October 30, 2012

Prop 34, The Death Penalty Initiative Statute

On November 6, 2012, Proposition 34 will be one of the initiatives on the ballot in the state of California. If approved, Prop 34 will eliminate the death penalty in California and replace it with life imprisonment without the possibility of parole. Lawyer2Lawyer host Craig Williams joins Attorney Donald H. Heller to discuss Proposition 34, support and opposition and ultimately the impact on our prison and justice system.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/proposition-34-the-death-penalty-initiative-statute/

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2 comments:

  1. The 729 on death row murdered at least 1,279 people, with 230 children. 43 were police officers. 211 were raped, 319 were robbed, 66 were killed in execution style, and 47 were tortured. 11 murdered other inmates.

    The arguments in support of Pro. 34, the ballot measure to abolish the death penalty, are exaggerated at best and, in most cases, misleading and false.

    No “savings.” Alleged savings ignore increased life-time medical costs for aging inmates and require decreased security levels and housing 2-3 inmates per cell rather than one. Rather than spending 23 hours/day in their cell, inmates will be required to work. These changes will lead to increased violence for other inmates and guards and prove unworkable for these killers. Also, without the death penalty, the lack of incentive to plead the case to avoid the death penalty will lead to more trial and related costs and appeals.

    No “accountability.” Max earnings for any inmate would amount to $383/year (assuming 100% of earnings went to victims), divided by number of qualifying victims. Hardly accounts for murdering a loved one.

    No “full enforcement” as 729 inmates do not receive penalty given them by jurors. Also, for the 34,000 inmates serving life sentences, there will be NO increased penalty for killing a guard or another inmate. They’re already serving a life sentence.

    Efforts are also being made to get rid of life sentences. (Human Rights Watch, Old Behind Bars, 2012.) This would lead to possible paroles for not only the 729 on death row, but the 34,000 others serving life sentences. On 9/30/12, Brown passed the first step, signing a bill to allow 309 inmates with life sentences for murder to be paroled after serving 25 years. Life without parole is meaningless. Remember Charles Manson and Sirhan Sirhan. Convicted killers get out and kill again, such as Darryl Thomas Kemp, Kenneth Allen McDuff, and Bennie Demps.

    Arguments of innocence bogus. Can’t identify one innocent person executed in CA. Can’t identify one person on CA’s death row who has exhausted his appeals and has a plausible claim of innocence. See http://cadeathpenalty.webs.com/

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  2. A jury of 12 people & a judge confirmed for each inmate that their crimes were so atrocious and they were so dangerous that they not only did not deserve to live, but they were so dangerous that the only safe recourse was the death penalty. Recognizing how dangerous these killers are, the prison houses them 1 person to a cell and does not provide them with work, leaving them locked in their cells most of the day.

    Prop. 34 wants to ignore all of this and save $ by placing these killers in less-restrictive prisons where they share cells. They also want to provide them opportunities for work, where they have more freedom, access to other inmates and guards, & more chances to make weapons.

    Prop. 34 also destroys any incentive for the 34,000 inmates already serving life without parole to kill again. There would be no death penalty. They are already serving a life sentence, so why not get a name by killing another inmate or a guard?

    Prop. 34 also takes away the money for inmates to challenge their convictions. If innocent, they will spend the rest of their life in jail, celled with vicious killers. Prop. 34 will cause more deaths of innocent people– guards and people wrongfully convicted but no longer able to fight it in court.

    And they refer to Prop. 34 as the SAFE Act!

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