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December 16, 2004

More on the decline of death

I have just enough time before I head out to Dayton to spotlight quickly a number of notable death penalty developments.

First, the Death Penalty Information Center now has available on-line its year-end on the death penalty.  This report received a good deal of press earlier this week, as detailed here, because it documents for 2004 drops in death sentences, executions, death row population, and public support for capital punishment. 

Second, this New York Times article reports on the remarkable New York legislative hearing concerning whether the state should reinstate the death penalty.  (As detailed here, these hearings are necessary because six month ago, the New York Court of Appeals in People v. LaValle (discussed here) invalidated the "deadlock instruction" provision of New York's death penalty law.) 

According to the Times article, famed Manhattan District Attorney Robert M. Morgenthau spoke out forcefully against the death penalty:

"The death penalty exacts a terrible price in dollars, lives and human decency," Mr. Morgenthau said. "Rather than tamping down the flames of violence, it fuels them."

December 16, 2004 at 06:49 AM | Permalink


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Intersting site. I'm glad they actually have some useful info.

Posted by: mark | Dec 16, 2004 4:26:43 PM

Nice site! Thanks for the link.


Posted by: Ashley Portman | Dec 17, 2004 6:43:14 AM

I am a former attorney and legal researcher and have the following questions: If a defendant who now has a expired prior Federal sentence, and is charged in a new matter, but has a Blakely issue and Neder issue both United States Supreme Court cases, affecting the sentence and conviction, can the defendant still be assessed points, if the Sixth Circuit which is the Circuit in Montgomery agreed with Blakely, says in essence that such a sentence is illegal and/or unconstitutional?

Posted by: William Oliver, III | Jan 1, 2005 4:43:26 PM

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