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September 13, 2014

Recent posts of special note from "Hercules and the Umpire"

I regularly read U.S. District Court Judge Richard Kopf's notable blog, "Hercules and the Umpire," an the last few weeks have brought more than the usual must-read posts from the judge on topics that should be of special interest to sentencing fans.  Here are a couple of posts on a couple of topics that I thought meritted special mention:

On the death penalty and debates thereover:

On the recent domestic violence conviction of U.S. District Court Judge Mark Fuller:

September 13, 2014 at 05:11 PM | Permalink


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I think I have addressed the problem of innocence.

It is not a justification toend teh death penalty, because if applied elsewhere it would end all potentially lethal human activity, including transportation, including walking, medicine, showering, electricity, golfing, name any activity where people have died.

It does justifies improvement in system wide methods and protocols.

1) No eyewitness testimony without physical corroboration. List other causes of wrong verdici

2) Appellate reviews by seasoned investigators with subpoena power, to reach into any prosecutorial or police misconduct. Cases are too tough for the lawyer dumbass on the appellate bench.

3) Tort liability for all parties responsible for careless and wrongful death penalty.

4) For the sake of fairness, address the obverse, the rarity of the death penalty making it ineffective as a method of incapacitation. The real aim is to protect the public, including fellow prisoners, guards, and members of the public. Provide for tort liability of the lawyers protecting the criminal, since all future damages caused by him are their full responsibility, having the foreseeability of planetary orbits.

As with all remedies, the above should be tested in a small jurisdiction, for results and unintended consequences.

No lawyer will ever propose, nor agree to the above self-evident fixes. This judge prattled on about trivialities, and personal problems. No one cares. The public just wants to be safe.

Posted by: Supremacy Claus | Sep 14, 2014 7:19:50 AM

He is an outspoken guy which is good much of the time but some of that stuff leaves something to be desired. Him calling at Digby in part by an appeal to authority especially. Cute grandkids though.

Posted by: Joe | Sep 14, 2014 2:32:09 PM

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