The way most statutes are written, the guilty/not guilty phase is a fact issue, requiring a unanimous vote, but the sanction issue is much more of an opinion issue. The states that still require a unanimous sanction vote for the death penalty allow 1 vote (8%) to overrule 11 votes (92%), to get life, not death, likely the most undemocratic vote in a democratic republic.
Thank DeSantis for being more democratic, even though 5 against death still overcomes the 7.
Of the 24 studies, finding for death penalty/execution deterrence, since 1996, the most deterred was 5%, not 100%. The 5% is about 900 innocents spared, per year.
In addition, I think most school shooters are aware there is a good chance they may be killed by law enforcement, so execution deterrence doesn't mean much, if anything., to them.
Love to know your reasoning to this as I work at a gun free zone school and want to understand why it would be ok to bring guns to an elementary school
I retired in 2019 as a CA lawyer transplant from New Orleans. Among other things, I was a New Orleans public defender trial atty for death cases. As bad as that was (I only lost one to the chair) it is far worse now with 8-4 verdicts. How does that deter killers like the one at issue? Unanimous verdicts were at least a saving feature in LA if a defense attorney had something to work with, despite the prosecution's effort to sometimes bury the evidence.
Now FL is wide-open to a governor whose thought of clemency are foreign and the prosecution is enheartened to open the death penalty gates. I just could not believe that when I read the decisions that said that was OK.
It sure didn't do much deterring in this case, did it? (Maybe I am premature, but his chances of surviving it are not good).
Thank you for sharing this.
Phil:
The way most statutes are written, the guilty/not guilty phase is a fact issue, requiring a unanimous vote, but the sanction issue is much more of an opinion issue. The states that still require a unanimous sanction vote for the death penalty allow 1 vote (8%) to overrule 11 votes (92%), to get life, not death, likely the most undemocratic vote in a democratic republic.
Thank DeSantis for being more democratic, even though 5 against death still overcomes the 7.
Of the 24 studies, finding for death penalty/execution deterrence, since 1996, the most deterred was 5%, not 100%. The 5% is about 900 innocents spared, per year.
In addition, I think most school shooters are aware there is a good chance they may be killed by law enforcement, so execution deterrence doesn't mean much, if anything., to them.
Gun-free zones are testimony to the insanity of the political left.
Love to know your reasoning to this as I work at a gun free zone school and want to understand why it would be ok to bring guns to an elementary school
I retired in 2019 as a CA lawyer transplant from New Orleans. Among other things, I was a New Orleans public defender trial atty for death cases. As bad as that was (I only lost one to the chair) it is far worse now with 8-4 verdicts. How does that deter killers like the one at issue? Unanimous verdicts were at least a saving feature in LA if a defense attorney had something to work with, despite the prosecution's effort to sometimes bury the evidence.
Now FL is wide-open to a governor whose thought of clemency are foreign and the prosecution is enheartened to open the death penalty gates. I just could not believe that when I read the decisions that said that was OK.
It sure didn't do much deterring in this case, did it? (Maybe I am premature, but his chances of surviving it are not good).
Phil Johnson
AF 11384275
The death penalty isn't meant to be a deterrent. It's meant to be a punishment. You're a lawyer and you don't know that?
All severe sanctions, all potential severe/negative outcome and all severe, negative incentives deter some. That has never been negated and cannot be.
All jury decisions are based upon the most just outcome.
Deterrence is just an added bonus. I am sure Phil is aware.