By LINDA DEUTSCH, AP Special Correspondent
Updated 7:18 pm, Wednesday, July 16, 2014 | via SF Gate

LOS ANGELES (AP) — A federal judge ruled California's death penalty unconstitutional Wednesday, writing that lengthy and unpredictable delays have resulted in an arbitrary and unfair capital punishment system.

The decision by U.S. District Judge Cormac J. Carney represents a legal victory for those who want to abolish the death penalty in California and follows a similar ruling that has suspended executions in the state for eight years.

Carney, in a case brought by a death row inmate against the warden of San Quentin state prison, called the death penalty an empty promise that violates the Eighth Amendment's protection against cruel and unusual punishment.

"Inordinate and unpredictable delay has resulted in a death penalty system in which very few of the hundreds of individuals sentenced to death have been, or even will be, executed by the State," wrote Carney, a George W. Bush appointee.

He noted that death penalty appeals can last decades and, as a result, most condemned inmates are likely to die of natural causes before their executions are carried out.

Carney also wrote that since the current death penalty system was adopted by California voters 35 years ago, more than 900 people have been sentenced to death, but only 13 have been executed.

"As for the random few for whom execution does become a reality, they will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary," the judge stated.

While the decision's only immediate effect was on California, legal experts said it could echo elsewhere as the issues it addresses are in no way unique.

"Every state with a significant death row has the problem of cases taking a long time," saidGabriel J. Chin, a law professor at the University of California, Davis.

Chin said he sees a long appeals process ahead and expects the case will reach the U.S. Supreme Court. The ruling could be appealed by either the governor or the state attorney general.

Gil Garcetti, a former Los Angeles County district attorney who has become an anti-death-penalty activist, called the ruling "truly historic."

"It further proves that the death penalty is broken beyond repair," he said.

Carney's ruling came in a legal petition brought by Ernest Dewayne Jones, sentenced to die in 1994 after being convicted of murdering and raping his girlfriend's mother.

Jones remains on death row "with complete uncertainty as to when, or even whether," his execution will come, the judge wrote.

Carney noted that "arbitrary factors" such as the manner in which paperwork is handled are what "determine whether an individual will actually be executed."

The ruling was not without critics. Republican state Sen. Jim Nielsen, former chairman of the California Board of Prison Terms, issued a statement saying, "The current system needs improvement, but to completely get rid of the death penalty is unconscionable for victims and their families and society.

"Victims and their families need and deserve justice. This ruling denies them and society justice."

He said Californians have long supported the death penalty, and he urged Attorney General Kamala Harris to "uphold the will of the people" and appeal.

Another federal judge put California's death penalty on hold in 2006 when he ruled the state's lethal injection procedures needed overhaul.

The judge found that the state's procedures created too much risk that an inmate would suffer extreme pain while being executed. At that time, lethal injections were carried out in San Quentin's old gas chamber, which the judge found too cramped, too dark and too old for prison staff to properly administer execution drugs.

Since then, the California Department of Corrections and Rehabilitation has built a new execution chamber on the grounds of San Quentin in Northern California and made changes to its procedures.

A new federal judge has taken over the case and has not ruled on whether those changes are enough for the state to restart executions.

Additionally, the corrections department is drafting a new set of regulations for administering lethal injections. No executions can take place until the new rules are formally adopted.

Views: 33

Reply to This

Best guide to hip hop, soul, reggae concerts & events in San Francisco Bay Area, Los Angeles & New York City + music, videos, radio and more

Connect

Bookmark and Share

Subscribe to E-Blast

WIN TICKETS

Ledisi
Sunday, Apr 14 @ Fox Theater, Oakland

Steel Pulse
Thursday, Apr 18 @ UC Theatre, Berkeley

Mario Hodge
Saturday, May 4 @ Moose Lodge, El Sobrante

Members

Photos

  • Add Photos
  • View All

Groups

Latest Activity

A video by Editor's Pick was featured

LL Cool J | Questlove Supreme

Years in the making, LL COOL J sits down with Questlove Supreme for a career-spanning comprehensive interview. The discuss LL's earliest rapping days, his first three albums, and the life and times behind one of Hip-Hop's first superstars. From…
4 minutes ago
TEAM BIGGA RANKIN posted a blog post

Spotlight On ResseThaChosen1 New Single "Pop My Sh!*"

ReeseThaChosen1 is an Entrepreneur and American Hip-Hop Artist best known for his hit single "Pop My Sh!*," currently distributed by Krown Records/Atlantic Records. He was born and raised in Detroit, Michigan, but also raised in Atlanta, Georgia.ReeseThaChosen1 is the definition of a self-made independent artist. His Hustle, Grind is second to none, investing every penny and time into his dreams. With a stand-up guy belief system, he pairs street and book smarts to produce excellent music while…See More
6 hours ago
Artistpr posted a blog post

Fascinating Rhythmic Voyage from California to Black Hills – Self-Made Artist & Producer Mi$ter Valentine Enthralls All

Under the imprint of GMT Records LLC., Mi$ter Valentine is all set to captivate listeners with compelling, distinct, and creative Hip Hop verses Belle Fourche, South Dakota —November 24th, 2023 – In the serene town of Belle Fourche, South Dakota, a musical luminary rises – Mi$ter Valentine, the artistic force behind GMT Records LLC. Embodying the spirit of Hip Hop, Valentine is not just a rapper; he is a self-made…See More
9 hours ago
realmuzik posted discussions
18 hours ago
Editor's Pick posted videos
19 hours ago
Editor's Pick posted discussions
23 hours ago
Editor's Pick posted discussions
Monday
realmuzik posted discussions
Monday
Artistpr posted a blog post

A Revolutionary and Resounding Voice in Hip Hop – JEANNA-SIS Drops Debut Album “EYES WIDE OPEN”

An unmatched and inventive Hip Hop prodigy, JEANNA-SIS takes the center stage of Hip Hop, stunning audiences with raw emtoion and talentMoers, NRW, Germany —With the worldwide release of her debut album “EYES WIDE OPEN” on April 19th, 2024, the female Eminem is ready to shake the foundations of the hip hop scene. Through her four singles, including the hits…See More
Monday
Editor's Pick posted discussions
Saturday
realmuzik posted a discussion

Ryan Charles Releases New Breakup Bop, "Heartbreak Rodeo"

River House Artists’ jiggy buckaroo and rising rap sensation Ryan Charles released his latest track, “Heartbreak Rodeo,” available everywhere now. With his signature Western flair, Charles fuses a fresh hip-hop sound with a country perspective, bringing the cowboy lifestyle to the rap scene. The…See More
Saturday
Editor's Pick posted videos
Friday

© 2024   Created by Ren the Vinyl Archaeologist.   Powered by

Badges  |  Report an Issue  |  Terms of Service