Sentencing Law and Policy: Execution of possibly mentally retarded ...

Orin Kerr gamely (and finally) admits which blogs can be legal scholarship |Main| Might poor re-entry services as good as risk comment tools be many to censure for a Clemmons tragedy?

December 2, 2009

Execution of presumably mentally dense suspect in Texas could be 50th execution of 2009

As genocide chastisement gurus know, a last decade has seen a pretty steep decrease in a series of executions each year (data here from DPIC); we have gone from a complicated tall of 98 executions nationwide in 1999 to only 43 executions nationwide in 2008. But this trend is right away shifting direction: with Tennessee carrying executedCecil Jonson early this morning(details here),Texas is right away in line tomake theexecution ofBobby Wayne Woods tomorrow a 50th execution of 2009. Interestingly, as good covered during StandDown Texas, there have been reasons to worry which Woods competence be mentally dense as good as to illustrate should be constitutionally protected from being executed formed on a Supreme Court's Atkins ruling.

Though many commentors rightly assert which sum inhabitant execution numbers have been influenced my many factors, it stays notable as good as notable which we have been seeing this uptick in sum executions during a initial year of a Democratic administration department in a White House. As we have noted in prior to posts (see here as good as here), sum executions ramped up significantly during a Clinton Administration, a republic averaged some-more than 85 executions each year during his second term. In contrast, sum executions went down significantly during a Bush Administration, as good as a republic has averaged reduction than 50 executions each year during his a second term.

I will notmake firm predictions concerning what allthese numbers as good as current trends competence meant as we movedeeper intoa new Administration, though we am sure which one could use this interpretation to surprise folks in a genocide chastisement ! trivia c ontest.

December 2, 2009 during 10:53 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e201287600264a970c

Listed subsequent have been links to weblogs which reference Execution of presumably mentally dense suspect in Texas could be 50th execution of 2009:

Another Supposedly Retarded Murderer from Crime as good as Consequences Blog
SLP has this post, linking to this post during Stand Down Texas, per Bobby Wayne Woods, who has an appointment with a Grim Reaper tomorrow. Reading these posts, we competence consider which Woods has a estimable evidence which he is... [Read More]

Tracked on December 2, 2009 2:49:50 PM

Comments

".... there have been reasons to worry which Woods competence be mentally dense as good as to illustrate should be constitutionally protected from being executed formed on a Supreme Court's Atkins ruling."

Quite frankly, we don't unequivocally care whether he's dense or not.

Cecil Johnson was executed after twenty-nine years on a quarrel (is which a record?). Stevens, predictably, whined about how meant a state was.

http://www.supremecourtus.gov/opinions/09pdf/09-7839Stevens.pdf

Footnote 3 is interesting. Does a "well a caselaw was against me" excuse waiver? Not sure.

Posted by: federalist | December 2, 2009 11:03:23 AM

The President has so small influence over state's execution choices which we destroy to see a aptitude of who holds which office. There competence good be alternative reasons which this year was higher, such as clearing out a reserve created by Baze. we don't know this for a fact though we can see AEDPA carrying had a mental outcome in a late 90s removing officials to work by their caseload faster even if AEDPA didn't essentially request to a box prior to them.

Posted by: Soronel Haetir | December 2, 2009 11:12:49 AM

Hard to know what to make of this year's increase, generally to a extent w! hich man y of it's driven by Texas, where we had a bunch of judges seemingly eager to make up for mislaid time after a Baze delay. Probably a same Baze energetic occurred elsewhere. That could meant last year's series is artificially low as good as this year's interpretation have been slightly inflated from a "normal" rate. When a numbers have been so small, it's tough to interpret year-to-year variations.

Posted by: Gritsforbreakfast | December 2, 2009 11:17:57 AM

LI litigation/issues have been still formulating delays in Arkansas, Kentucky, Missouri, Delaware, Nebraska, California, Arizona, a sovereign government, Maryland as good as Ohio (although which competence shortly change in Ohio depending on whether Biros gets to approve a one-drug custom in one turn of lawsuit as good as decry it as human investigation in another).

For whatever reason, Governor Crist in Florida has delayed walked environment execution dates, as good as North Carolina has a outrageous reserve because of LI as good as a RJA nonsense.

These factors (Baze as good as traditionally tall execution states slowing down) insist a lower amount of executions.

Grits, Texas isn't as remarkable as we think. Pro-rated for a Baze moratorium, Texas was some-more genocide happy in 2008 than 2009.

It will be engaging to see what happens in a sovereign LI litigation. It seems tough to hold which it is still starting on. Missouri should start up center to late 2010. California has a backlog, as good as we suspect you'll see some dates set late subsequent year, early 2011.

Posted by: federalist | December 2, 2009 11:37:48 AM

"...total executions ramped up significantly during a Clinton Administration, a republic averaged some-more than 85 executions each year during his second term."

Clinton's second tenure is a 4 full years following enactment of AEDPA. The many rught away successful sustenance of which action was a nearly finish prohibition of successive sovereign habeas petitions. A ap! portionm ent of this surge was backlog-clearing of cases which had completed their initial sovereign habeas review. Some reduction in a following tenure would have been expected in any case of who was elected in 2000.

Similarly, as Soronel notes, there was a lull during a injection lawsuit as good as a predicted upturn as we have been relocating past which issue. The connection to a party in control of a White House is remote, if any.

Posted by: Kent Scheidegger | December 2, 2009 11:47:25 AM

Stop executions.

Posted by: Escort | December 2, 2009 11:53:44 AM

Enjoy a game, Professor.

Posted by: Samuel | December 2, 2009 12:56:37 PM

I watched a video supposed to uncover he has mental retardation.

That is not mental retardation. That is Southern appeal as good as endearment.

Posted by: Supremacy Claus | December 2, 2009 1:41:12 PM

supremacy claus: "That is not mental retardation. That is Southern appeal as good as endearment"

me: as a charming southerner we object to a inherient import of your statement.

Posted by: virginia | December 2, 2009 3:21:41 PM

Doug, we contend "possibly mentally retarded"--shouldn't we also contend "possible bogus explain by genocide quarrel attorneys"?

http://www.crimeandconsequences.com/crimblog/2009/12/another-supposedly-retarded-mu.html

Posted by: federalist | December 2, 2009 4:48:26 PM

Regarding a explain which we can know a chairman is retarding on meeting him, as his lawyer asserts, or by examination a short video clip, we right away have a post on C&C by a competent psychologist:

http://www.crimeandconsequences.com/crimblog/2009/12/assessing-mental-retardation-w.html

Posted by: Kent Scheidegger | December 2, 2009 6:00:08 PM

federalist --

No, he should have said, "possible 4 zillionth bogus explain of mental slow-down by genocide quarrel attorneys who hope reviewing judges essentially are."

Posted by: Bill Otis | December 2, 2009 6:08:10 PM

Virg! inia: Th e charm, sure as shootin', is operative on me.

I am totally smitten with you. In your case, feminism, is spiciness as good as adorable. If we have been a masculine cop or something, posing as a Southern princess, please, do not discuss it me.

Posted by: Supremacy Claus | December 2, 2009 11:18:29 PM

Prof. Berman: we am deliberation filing a formal complaint with your Dean, a ACLU, a DOJ, as good as entitled parent's groups, using this 345 page book to brag schools. You do not wish to get on their wrong side.

http://books.google.com/books?id=QaM7zgRyR4UC&dq=entitled+special+education+parents&printsec=frontcover&source=in&hl=en&ei=3zwXS7_CLM-LlAfe3anuAg&sa=X&oi=book_result&ct=result&resnum=12&ved=0CDYQ6AEwCw#v=onepage&q=entitled%20special%20education%20parents&f=false

The phrase, me***l ret****tion, is rarely offensive. It is a M word.

The correct word is, differently abled.

Please, adjust your wording accordingly. It is right away rarely descent as good as upsetting. With your IQ, a M word is as descent as competence be a use of a N word by an albino. Sorry about that, not albino, differently pigmented person.

Posted by: Supremacy Claus | December 2, 2009 11:29:20 PM

Post a comment

This content has upheld by fivefilters.org.


0 comments: