Michael MacFarlane
Unwitting troll accomplice
Posts: 8,272
After reading this post, it's incredible to me that you even think you know enough about this subject to discuss it intelligently. To answer the simplest question first, we impose additional safeguards on the death penalty because death is different; it is final in a way that other sentences are not, and the power of the state to kill its citizens is the ultimate expression of state authority and, if it is to be used at all, should be used only in situations where the state's moral authority is at its greatest.
California's issues with the administration of the death penalty have more to do with California than with the death penalty, which is probably the conclusion you should have drawn in the first place once you discovered what an extreme outlier that state is. You should also have noticed that most or all of California's woes relate to funding, a theme that plays out in virtually every aspect of California politics. California does not have a bureaucracy problem, it has a money problem.
I surely hope you don't mean to suggest that we were better off when the national average wait between conviction and execution was one year than we are now that it's ten. We know that an innocent person has been executed in the United States at least as recently as 2004. Numerous other innocent death row inmates have been exonerated by DNA evidence in recent years. I would be very surprised if any of those exonerations occurred within a year of sentencing. A majority probably did not occur within five years. Richard Dieter's 1997 study puts the average time between conviction and release of an exonerated death row inmate at roughly seven years. We'll never know for sure, but I think we can fairly extrapolate that an unconscionably large number of innocent people were put to death as a result of the "more efficient" execution administration of the past.
And certainly no one who has the slightest idea of what goes on in a postconviction capital case would characterize it as "nitpick(ing) every little detail of the trial" over the course of "multiple lengthy appeals." Most or all states allow capital defendants one, and only one, direct appeal on the trial record. Once that's done, they may attack the conviction on the basis of matters outside the trial record, such as ineffective counsel, prosecutorial misconduct, and the like through state and federal habeas corpus claims. Since the passage of the Antiterrorism and Effective Death Penalty Act of 1996, inmates must exhaust all available state remedies before they can file in federal court. If there's a truly time- and money-wasting aspect of the process, that's it -- but if you knew anything about this process, you wouldn't be surprised to learn that the exhaustion requirement favors the state, placing an additional hurdle in the path of those who've been given a death sentence, even though everyone knows the state will protect its own verdicts. After all that, the inmate can go to federal court, where (thanks again to AEDPA) they'd better have every possible argument ready the first time (including the ones they haven't thought of yet because their investigators haven't turned up the evidence that they'd need to make the argument), because they'll almost certainly never get another shot. Oh, and to succeed, they'll have to prove not only that the state court was wrong, but that it was unreasonable, either in its application of the law or its determination of the facts. Too legal; didn't read: The system is designed to make successfully attacking a capital conviction as difficult and burdensome as possible, in the hope that the convicted person will either miss a deadline or give up and go away.
Oh, and you're using "bureaucratically" wrong. Knock it off.
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