Death Penalty Fast Track Proposed
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Death penalty punishments should be expedited in clear cases involving irrefutable evidence like DNA or videotaped evidence of the crime. The death penalty should be fast-tracked to be executed (pun intended) not later than one calendar year from the date of sentencing.
There are many reasons to support this change. Our constitution forbids cruel and unusual punishment, yet we dangle death over these convicts for twenty years. Swifter punishment would be much less cruel. It is also historically unusual to sentence a person to death and then let them fight it for twenty years.
Simple economics makes this proposal attractive. We could provide extra legal resources (legal teams and priority court dates) for the fast tracked death penalty appeals. This gives them one year to knock out the most promising and potentially legitimate appeals. The rules would be changed in fast track cases to eliminate technical appeals involving dotted ‘i’s and crossed ‘t’s. If the evidence is crystal clear, the technicalities are irrelevant. One year of intensive legal aid is much cheaper than twenty years of gaming the system and caring for the condemned.
Our death penalty system is certainly not perfect, and admittedly some people have been wrongly executed. The death penalty fast track could only be invoked in cases where there is absolutely no doubt about the crime and who committed it. The criteria could be limited to over-abundant DNA evidence (multiple locations to eliminate possibility of police evidence planting) or videotape of the person committing the crime. If there is no doubt of the crime, why prolong the inevitable?
Societal anguish would also be lessened if justice were swifter in extreme cases that would warrant the death penalty fast track. How many people remember Paul Ezra Rhoades terrorizing Idaho Falls with his serial killings? He is now a fat pig from sitting on death row for all these years, and now his execution has been voided on a technicality. Many people feel our justice system is not equipped to meet out justice, and this fast track proposal would change that perception.
What are some cases that would qualify for the fast tracked death penalty? How about James Edward Wood, the guy who killed the Post Register newspaper carrier Jeralee Underwood in 1993? His crime was extremely heinous, there was ample DNA evidence, and he freely admitted the details of his gruesome crime. Yet he is still comfortable thirteen years later. I worked with some cops at the time who were privy to the confession, and what I heard still makes my blood boil. If he is ever released on technicality I will re-acquaint him with an apple corer myself.
Other cases that would clearly qualify (and that are the motivation for this idea) include Joseph Duncan and Kevin Ray Underwood. There is no need to give these animals any longer than a single year from sentencing to execution.
What is the constitutionality of this idea? Given the strict criteria requirement, what are the possibilities for court challenges? What is the chance of an Idaho legislature enacting it, or of a citizen referendum passing it?
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Comments
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0 
0 No way! I had not heard that. Let me Google it fast….
Ok here it is: from http://corrections.state.id.us/press_releases/2004_releases.htm
February 2, 2004 Boise—Offender James Edward Wood died at Idaho Maximum Security Institution on Sunday. Wood (#39589) was declared dead at 9:32am. Wood called for help around 8:30am. He told correctional officers he was having trouble breathing. He was taken to a medical unit for assessment. He stopped breathing before an ambulance could arrive to transport him to the hospital. Medical staff unsuccessfully attempted to revive Wood.
Wood had served ten years solitary confinement. He was sentenced to death on January 14, 1994 after being convicted of a Bannock County murder. Wood was also serving life sentences for kidnapping and rape.
The Ada County Coroner’s Office performed an autopsy. Medical personnel on scene believe the cause of death was natural.
Good riddance.
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0 0 I like this idea.
Unfortunately it is probably one that sounds great in theory, but is not practically feasible.
I always seem to hear about original murder cases having problems that cause convictions to be later overturned.
Isn’t there a strict playbook for how murder trials should be conducted, so there are fewer loose ends to unravel the whole thing later?
If the ship is run tighter from the start, wouldn’t there be less chance of sinking on appeals?
What are the reasons that death penalties are usually overturned, which could be nailed down before and during the trial?
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0 0 Paul Ezra Rhoades is a prime example of why we need a fast track death penalty.
That white trash has gotten fat on my dime since I was a little boy, throughout my upbringing, college, and raising my own family.
He murdered at least three people over 20 years ago, and there seems to be no death penalty date in sight for him.
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0 0 For the death penalty advocates out there I encourage you to read about the execution of Ruben Cantu in Texas in the early 1990’s.
http://en.wikipedia.org/wiki/Ruben_Cantu
He was convicted by the usual “Beyond a reasonable doubt” standard despite the fact he professed innocence til his execution. Turns out he probably was innocent. In light of new information even the prosecutor who tried him now admits “a horrible mistake was made.”
You can’t execute only the “really guilty” because that would undermine the whole concept of “beyond a reasonable doubt” and destroy every conviction that came under that latter standard.
The truly henious killers like Joseph Duncan deserve a worse fate than life in prison. But I’m not willing to risk executing innocent people like Ruben Cantu to do that. You can’t take back death.
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0 0 Well I support the fast track idea if there is strong DNA evidence.
There is something called “The Innocence Project” that has been apparently paying for DNA testing in cases across the country, and I think that’s an awesome idea. If we got the wrong person, then so be it let’s find out quickly.
But if it’s proven we have the right perpetrator, why waste time and money? Invoke the death penalty as quickly as possible, within 5 years as a goal.
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0 0 I’m on the fence here - I believe that the death penalty is a state’s right, and has been since the dawn of civilization, to use as a method of deterring severe crime. But, like our nameless friend pointed out, there is the risk of getting the wrong man. The only problem with capital punishment is that it’s final - if the system messes up, there’s no going back.
So I don’t know about a fast-track … but people like this Virginia Tech shooter and those boys who killed Cassie Stoddard make me think twice.
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0 0 We have to spend more money to get it right the first time. We need to have capital case units for each state…prosecutors and defense attorneys (especially for small counties that can’t afford to try a capital case, i.e. goto Clark county in Dubois to murder someone…they have no $ to give you the death penalty versus a big county like Ada or Bonneville)…this makes the application more just and equal….also, defendants should have access to a quality defense…DNA testing, etc….(all that CSI stuff to acquit or prove their guilt). We pay more in the appeals process to money grubbing lawyers who then turn around and say that it costs too much to kill someone so just keep them in prison for life! Do it right the first time with no corners cut…and experienced attorneys that deal with only these types of issues. Once we can restore confidence that the death penalty is administered fairly on both sides of the coin then it can be carried out sooner….gee…this might then actually act as a deterrent. But, we can’t do it on the cheap at any stage….I for one am willing to pay extra to have this happen…just like I am willing to pay for Idaho to adopt Lengthy Mandatory Minimum Sentences for sexual offenders. It will cost us but we will sleep better at night knowing that we did all that we could and should to insure justice is done blind.
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0 0 Amen!
I’m not such a big death penalty proponent that I want to see anyone convicted of murder immediately shot behind the shed.
But the point of our death penalty is two-fold: penalty and deterrence.
The penalty takes so long that convicts become old men before they are executed. Paul Ezra Rhoades has led a much healthier life and probably lived longer than he would have on the outside.
The deterrence factor has become a joke because of the time it takes to execute someone.
I agree, pour lots of money into the beginning, into a solid quality trial with DNA testing by two or three labs, pay an outside police agency to audit the investigation methods, do everything top notch and fast track some of these death penalties in less than five years.
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0 0 Serious question. What can we use as a deterrent for psychos like the VT killer who fast track their own death penalty? I believe in the death penalty in most cases but how is it a deterrent to these psychos who plan on killing themselves anyways?
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0 0 How about the life penalty?
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0 0 In answer to post 10: Our society, and our courts are going to have to make a decision to swing the mental health issue back where it came from…less outpatient treatment that is not tracked well to more inpatient treatment that is followed through with. We also have to have better laws to allow courts to force mental patients to take medicine. We have gotten too permissive in the name of freedom and sacrificed the safety of the public…and the safety of the mentally ill. Many courts are hesitant to force patients to take meds….they don’t incapacitate them in an inpatient facility either (namely because we don’t have many of them and those that we do cost a bundle to stay in).
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0 0 I mostly agree with Mike. Either inpatient care for a longer period of time and to make sure the patient is on the right meds. It’s not like buying a quart of milk. Doctors have to work sometimes for months or years to find the right combination of drugs for chronically ill patients.
On the outside, we must have some tracking system, especially for patients who were involuntarily committed.
And, I believe a psychotic patient is not in the position to decide about taking medicine. There are drugs available that, if there is enough of a need, can be given I.V. They may not ultimately be the best drug for the patient, but should improve some symptoms enough that a more rational discussion can occur.
I know the ACLU will fight this, but there are times I think a person should be forced to take meds. When the person is declared “sane” by 3 psychiatrists, then have him/her write his wishes for medication administration in psychotic breaks.
Basically, we must give power back to the psychiatrists to be the doctors they specialized to be. Laws must change.
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0 0 The PR had an interesting story about academic studies showing the deterrent effects executions have:
Executing murderers tend to deter between 3-18, more murders.
The Illinois moratorium against executions caused 150 additional murders over four years.
Every 2.65 years cut from a murderer’s time spent languishing on death row prevents another murder, probably because consequences are seen as quick and more directly in reaction to the crime.
I think we should do what we can to fast-track the death penalty process in Idaho. It would probably take a legislative bill signed by the governor to remove some of the current hurdles, focus on getting defendants a quality trial at the from the start.
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0 0 I’d like to see the methodology of that study because it seems odd. The murder rate in the US was at its highest in 70’s and into the 80’s. Its been on a steady march down since then and is now at a rate comparable to the 50’s. Executions on the other hand have slowed down dramatically in most places. Also stats show that non death penalty states by in large have much lower murder rates than death penalty states do.
Regardless, even if the study was correct its still not worth risking killing an innocent person. I can cite several cases where there was extreme reasonable doubt raised as to the guilt of the executed person after the fact. And one case where even the prosecutor who tried the case admits they executed an innocent man.
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0 0 The death penalty needs to be kept on the books. It is our highest expression of retribution and deterrence for those that take innocent life. However, we must spend more money to do it right the first time. We need dedicated courts, prosecutors and defense counsel to work these cases. This reduces ineffective counsel. We also need to provide top of the line resources for defendants and prosecutors so the job gets done right and fairly. With advances in technology we will be in better shape to make very important decisions that effect our ability to use this as an important public policy tool. Nobody wants to execute innocent people. However, allowing truly evil and heinous criminals to remain alive cheapens the life that they took in the first place. Persons serving life in prison also have the ability to take other lives behind bars–this includes staff and other prisoners. Obviously, this is not acceptable either. Can you imagine, Wisconsin had no death penalty…Jeffrey Dahmer was to do a life stretch in prison…where he could prey on others. That was not justice for his past and potential future victims.
Bottom Line: We need to take this process even more seriously than we have in the past and enlist dedicated professionals to make sure the system works as it was designed to.
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0 0 I, for one, decided against a move to Illinois in part because of its crime rate, which I believe is rising in part due to its abrogation of the death penalty.
I strongly agree with the death penalty fast track. Those who are to be executed have a long, violent history replete with crimes, both acknowledged and unacknowledged. They are liars. They have chosen their life’s path while depriving innocents of the right to enjoy theirs. They have ceased to be human. Hollywood nonsense like The Fugitive propagate the myth of the innocent man and the E-vil corporation, but I defy death penalty opponents to name a single case of one wrongfully executed.
Personally, considering the many awaiting organ transplants, I believe their organs should be harvested instead of merely putting them painlessly to sleep.
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0 0 Sometimes I hear statistics that the death penalty appears to deter crime, but sometimes I hear statistics that the death penalty does not appear to deter crime (because the waiting period is so long).
Anyone shed light on that?
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0 0 Joe,
I can tell you one thing, after the switch is pulled, that person will never ever commit aother crime. It is 100% effective.
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0 0 No, I did not believe the executed person would rise up and commit more crimes (rolls eyes). I believe I was referring to deterrence to the general population.
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0 0 LOL….that was funny!
however, what isn’t funny is the fact that people are wrongly convicted of crimes all the time. Personally I think it’s fair to give someone with a legitimate case and chance to appeal said case, unless the evidence was overwhelmingly against the defendant. I just think the appeal process has much too long of a waiting period. Perhaps we need to have a set of judges or seperate branch of the court system, that deal in appeals only in order to speed the process up. Then once the person is tried again and their conviction stands, put them on the fast track to the electric chair, lethal injection, etc.
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0 0 Three words:
Duke Rape Case.
It was never a death penalty case but if those boys hadn’t been from rich families with big time lawyers they would be in prison right now. Can you afford attorneys like they did if you are falsely accused. Or are you going to have to rely on public defender who might be drunk throughout the trial, sleep through it, or be trying his first criminal case since law school (all real examples of lawyers whose clients got the death penalty).
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0 0 Or maybe a different system of pulling attorneys for gratis duty in death penalty cases.
If a fast-track death penalty law is to work, the defendants need top notch legal representation.
Instead of scraping the bottom of the barrel for lawyers to do the work for free, pull from the top ranks of lawyers. Lawyers and judges know who the top 10% are in their county, region, and state. Make some requirement that the top 10-20% lawyers are in a pool for capital cases, that they must represent freely, make it more of an ego challenge for them to prove client innocence instead of a burden.
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0 0 Excellent idea Joe!
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0 0 The lawyer pool wouldn’t work either. Its lawyer pools that created at least one of the bad examples I talked about.
A county back east did the lawyer pool thing. A big time lawyer’s name came up for a death penalty case over his objections. He tried and tried to get out of it saying he wasn’t qualifed but was forced to do the death penalty case anyway because after all he had an Ivy league law degree. And his client was convicted and got the death penalty. Countless appeals denied the defendant a new trial because the appeals court said his lawyer was fine, after all look at where he got his degree and all his lawyerly commendations. You see the problem was the guy was a tax lawyer and he hadn’t opened a criminal law book since law school and he’d never tried a criminal case in his life.
Also, death penalty cases are expensive and time consuming. You would have a mutiny on your hands if you conscripted local lawyers into doing work for poor clients on a case that might tie up all their time for months.
Some have suggested having “death penalty” teams of lawyers who have expertise in these cases and would alleviate the problems of inadequate counsel. Okay, great idea but how are you going to pay for it? I can cite cases in small counties near Idaho Falls where murderers have walked free because the county can’t afford the trial. Look at whats happening up in Fremont county with the Grube trial and where Fremont county is selling land to pay for that trial. Speaking of the Grube trial - I don’t think he got the death penalty originally but its an excellent example of why there shouldn’t be a death penalty given the shenanigans that appear to have gone on with the evidence, falsified police logs, and hidden witnesses.
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Vote:
FYI, James Wood is dead. He died of natural causes a year or two ago in prison.
Also, while you raise some interesting points about a crack legal team handling death cases it won’t happen simply due to the expense - while you might be right about cheaper in the long term - the short term costs would keep it from ever happening.