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December 5, 2019

Lots of notable headlines as possible resumption of federal executions approaches

As noted in this AP piece, on Monday night the US Department of Justice formally asked the Supreme Court to stay or vacate a lower court preliminary injunction now blocking scheduled federal executions that are scheduled to take place starting on the morning of December 9.  These developments have, unsurprisingly, started generating ever more news and commentary.  Here are a few piece that caught my eye:

December 5, 2019 in Death Penalty Reforms, Procedure and Proof at Sentencing, Who Sentences | Permalink | Comments (0)

"Who should oversee implementing the First Step Act?"

The question in the title of this post is the headline of this notable Hill commentary authored by Johanna Markind, who served as an assistant general counsel with the US Parole Commission from 2009 to 2014. Here are excerpts from the piece:

During a Nov. 19 Senate Judiciary Committee hearing, committee Chairman Lindsey Graham (R-S.C.) asked Bureau of Prisons (BOP) Director Kathleen Hawk Sawyer: How does the First Step Act differ from parole, and should the federal government reinstate parole?  With respect, the answers are: There’s no real difference, and it already has.  The issue that Sen. Graham implicitly raised is, who should run parole?

The groundbreaking First Step Act, enacted last December, authorizes early release of federal prisoners who have worked to reform themselves and are deemed low-risk.  The legislation requires BOP to perform a needs assessment on eligible prisoners and recommend programming for each.  The evidence-based programs are designed to reduce offenders’ risk of recidivism — that is, of returning to a life of crime — and increase their chances of successfully re-entering society.  Low-risk offenders who complete their programs are eligible for conditional early release (“home confinement”).

This is a reboot of parole.  Before parole was abolished in the federal system, effective 1987, the U.S. Parole Commission used to evaluate new prisoners, informally recommend programming such as drug treatment, and set tentative release dates.  As the proposed release date approached, the Parole Commission would re-evaluate the offenders in light of considerations, including whether they had completed recommended programming.  If it decided to release the prisoner, it would set release conditions.

A few years ago, an aide to one of the Senate co-sponsors of the First Step Act acknowledged to me that the risk-reduction/early release provisions are effectively parole by another name — albeit a new, improved version incorporating evidence-based practices developed during the intervening years.  To implement the act, the Department of Justice (DOJ) released a new risk-assessment tool (PATTERN) last July.

Unfortunately, as Sawyer admitted, BOP has yet to complete its needs-assessment tool. That could be because BOP is undermanned, as Sawyer testified. Recent coverage in The Hill has suggested the problem was that elements within DOJ are trying to undermine the act. Or, the problem could be that deciding when to release prisoners just isn’t what BOP and DOJ are institutionally designed to do.

Congress discovered a similar problem after it first authorized parole in 1910.  Parole was granted/denied at each federal prison by a board consisting of that prison’s warden, its doctor, and a Washington-based prison superintendent.  The system didn’t work very well, likely because prison wardens and superintendents were more focused on keeping prisoners in than on letting them out.  In 1930, Congress established a Board of Parole separate from the prison system. It, and its successor Parole Commission, oversaw parole until 1987....

BOP’s basic mission is “to protect society by confining offenders.”  Without a doubt, many BOP employees are sincerely working to comply with the act.  Nevertheless, deciding when and under what conditions to release offenders isn’t part of BOP’s mission.  If Congress wants the act’s release provisions implemented effectively, it should assign responsibility to an organization whose mission is consistent with that task.

A revamped Parole Commission is one option.  A rump Parole Commission still exists — it oversees release of prisoners sentenced for crimes committed before November 1987, and sanctions parole violations by that same population. It is naturally much smaller than it was when it oversaw parole for the entire federal prison population, but it could scale up.  To assist in that process, it could be given permission temporarily to rehire retired staff, just as Sawyer mentioned BOP is now doing.  Former Parole Commission staffers have a wealth of institutional memory and experience determining what programming offenders need to increase their chances for successful re-entry, as well as weighing the risks of releasing them.

Reviving the remnant Parole Commission is not the only way to implement the First Step Act effectively.  There are other options.  For example, Congress might create an agency for the purpose.  But, whatever Congress does or doesn’t do, history suggests that giving BOP the keys while charging it to bar the door is unlikely to produce optimal results.

Regular readers may recall this short article I penned a few years ago, titled "Reflecting on Parole’s Abolition in the Federal Sentencing System," in which I described the correction reform proposals then in Congress "as a kind of 'parole light'." Consequently, I think this author is spot on, particularly when she suggests players other than DOJ and BOP ought to be directly involved in FIRST STEP implementation.

Of course, there are many part of the FIRST STEP Act that extend beyond just providing for means for conditional early release, and thus a revamped Parole Commission would be, in my view, only one important part of ensuring the Act achieves its goals and potential.  We also need a well-functioning US Sentencing Commission, and one filled with Commissioners eager to give full and robust effect to all the the Act's ameliorative sentencing provisions.  I also think we need an entity tasked with and focused on addressing collateral consequences and other barriers to effective offender re-entry that can work to undermine whatever rehabilitative progress an offender may have made while serving a prison term.  (In another recent article, titled "Leveraging Marijuana Reform to Enhance Expungement Practices," I made the case for  new criminal justice institution, a Commission on Justice Restoration, that could proactively work on policies and practices designed to minimize and ameliorate undue collateral consequences for people with criminal convictions.)

December 5, 2019 in FIRST STEP Act and its implementation, Prisons and prisoners, Reentry and community supervision, Who Sentences | Permalink | Comments (4)

December 4, 2019

Terrific new Intercept series on capital punishment titled "The Condemned"

I received an email yesterday alerting me to exciting news that "The Intercept has published "The Condemned,” an investigative series by award-winning reporters Liliana Segura and Jordan Smith focused on the modern application and history of the death penalty in the United States. Here is more from the email:

The death penalty entered its “modern era” in 1976, when the U.S. Supreme Court upheld a new set of statutes in the landmark decision Gregg v. Georgia. This new Intercept series examines the use of capital punishment since 1976 and is partially based on an analysis of an unprecedented dataset that The Intercept began compiling in the summer of 2016, on all individuals sentenced to die in active death penalty jurisdictions during the past 43 years.

Amazingly, this data did not exist. Previously available information was often flawed, and many states either do not track this data or do so in a haphazard way. The Bureau of Justice Statistics collects demographic and other data about states’ death row populations, but Congress has blocked the public disclosure of this information.

With this new dataset, now available on GitHub, The Intercept is offering journalists, activists, lawyers, and anyone interested in the topic, a single and comprehensive resource covering the state of the death penalty as it exists in the U.S. today. .

“We limited our inquiry to active death penalty states, to focus on capital punishment as it exists today,” write Segura and Smith. “We were curious not only about who had been executed, but how many people had been removed from death row — a sizeable but largely invisible population. We wanted to see how many people had been re-sentenced, commuted, or released; how many had died awaiting execution; and how long people spent on death row. And we wanted to see who is on death row today.”

Their findings show that capital punishment remains as “arbitrary and capricious” as ever –– and “that the ‘modern” death penalty era remains animated by the same racial dynamics that have always defined capital punishment,” writes Segura.

The series’s four initial stories have been written by reporters Jordan Smith and Liliana Segura: in “Counting the Condemned,” Segura and Smith outline the many ways in which capital punishment has failed as a policy, particularly in its racism, arbitrary application and failure to deliver on claims of public safety.

The Abolitionists,” also bylined by Segura and Smith, show how the abolition of the death penalty has become a bipartisan issue — and a national movement;

The Power to Kill,” by Jordan Smith, looks at the pushback against Florida State Attorney Aramis Ayala after she determined that capital punishment is an unjust practice;

and “Death and Texas,” by Liliana Segura, shows that racial disparities on the Texas death row have increased even as death sentences decline.

December 4, 2019 in Data on sentencing, Death Penalty Reforms, Detailed sentencing data, Race, Class, and Gender, Who Sentences | Permalink | Comments (5)

"Race and Class: A Randomized Experiment with Prosecutors"

The title of this post is the title of this notable new research just published in the December 2019 issue of the Journal of Empirical Studies and authored by Christopher Robertson, Shima Baradaran Baughman and Megan Wright.  Here is its abstract:

Disparities in criminal justice outcomes are well known, and prior observational research has shown correlations between the race of defendants and prosecutors’ decisions about how to charge and resolve cases.  Yet causation is questionable: other factors, including unobserved variation in case facts, may account for some of the disparity.  Disparities may also be driven by socioeconomic class differences, which are highly correlated with race.  This article presents the first blinded, randomized controlled experiment that tests for race and class effects in prosecutors’ charging decisions.

Case vignettes are manipulated between subjects in five conditions to test effcts of defendants’ race and class status.  In the control condition, race and class are omitted, which allows baseline measures for bias and pilot testing of a blinding reform.  Primary outcome variables included whether the prosecutor charged a felony, whether the prosecutor would pursue a fine or imprisonment, and the amounts thereof.  With 467 actual prosecutors participating nationwide, we found that race and class did not have detectable prejudicial effects on prosecutorial decisions.  This finding, contrary to the majority of observational studies, suggests that other causes drive known disparities in criminal justice outcomes.

December 4, 2019 in Offender Characteristics, Race, Class, and Gender, Who Sentences | Permalink | Comments (3)

New Prez candidate Mike Bloomberg releases new (partial) criminal justice reform proposals

This page on the campaign website of Mike Bloomberg report that yesterday, after "a roundtable discussion with Mayor Chokwe Lumumba and community leaders focused on criminal justice reform in Jackson, Mississippi, Democratic presidential candidate Mike Bloomberg ... unveiled three criminal justice reform policy proposals."  Here is more:

The proposals focus on reducing the U.S. incarceration rate — the highest in the world — and addressing the failings of a criminal justice system that disproportionately harms communities of color. Bloomberg will unveil a comprehensive plan for criminal justice reform in the coming weeks....

The key pillars of Bloomberg’s initial criminal justice reform proposals include:

1. Launching a national initiative to reduce the incarceration of young people, by building on New York City’s success in cutting youth incarceration rates...

2. Expanding federal funding of effective alternatives to adult incarceration and investing in policies that help formerly incarcerated individuals re-enter society, find employment and escape the cycle of crime.

3. Investing in proven, community-based violence-interruption strategies that address the root causes of crime and prevent violent behavior before it occurs.

December 4, 2019 in Campaign 2020 and sentencing issues, Elections and sentencing issues in political debates, Who Sentences | Permalink | Comments (0)

December 3, 2019

Honored to be helping Ohio Gov. DeWine with new "Expedited Pardon Project"

Fc30ff87-f68e-4eff-8986-b34c9efb8eaa-large16x9_OhioGovernorsExpeditedPardonProjectI am just back from an exciting gubernatorial press conference that was, conveniently, held in the building in which I work.  Ohio Governor Mike DeWine held the press event at The Ohio State University Moritz College of Law because OSU's Drug Enforcement and Policy Center (DEPC) is playing a big role in the Governor's new "Expedited Pardon Project." 

As the name suggests, this project aspires to expedite the process by which people apply for a pardon under Ohio's laws.  The Project was established in collaboration between Ohio Governor Mike DeWine, DEPC and the Reentry Clinic at The University of Akron School of Law.  The universities and the governor’s office have already worked together with the Ohio Department of Rehabilitation and Correction to create an expedited pardon application process, and the project was officially announced by Gov DeWine this afternoon.  This local press article provides some context and particulars:

Saying many ex-criminals deserve “a second chance to reach their full potential,” Gov. Mike DeWine on Tuesday announced a streamlined process for those who have served time in prison or jail to obtain a pardon.

The governor’s Expedited Pardon Project seeks to accelerate the clemency process for those who have proven themselves to become contributing members of society but whose criminal record bars them from employment, housing, or other aspects of their life.

The program is only open to those who have: A specific reason for seeking a pardon; Already been released from prison or jail; Not committed any additional crimes (other than minor traffic violations) in the past 10 years; Made good-faith efforts to pay any restitution or fines they owe; Have a post-offense job history or a compelling reason why they haven’t been working; Performed volunteer work or community service; Not been convicted of a number of disqualifying offenses, including murder, rape, and a number of other violent and/or sex-related crimes....

In some cases, the existing process for obtaining a pardon can take years.  DeWine said he hopes this program will reduce that wait time to six months.

Under the project, law-school students at Ohio State University and the University of Akron will help qualified applicants to prepare their pardon paperwork, then submit their information to the Ohio Department of Rehabilitation and Correction for extensive background checks.  The Ohio Parole Board will then hold a hearing for each applicant, during which victims, judges and prosecutors involved with his or her case can offer their thoughts.  The Parole Board will then vote the same day about whether to recommend clemency to the governor, who alone has the power under the Ohio Constitution to issue pardons....

Neither DeWine nor Annette Chambers-Smith, director of the state’s prison agency, knew how many people are eligible for the program.  DeWine said it will take about a year before he and other state officials can see how the program is working.

To learn more about the Expedited Pardon Program or to apply, visit ohioexpeditedpardon.org.

I have already learned a lot about pardon policies and practicalities in just the last few months as we have worked to help get this new "Expedited Pardon Project" launched.  I am hopeful I will be able to share my continuing education in this space in the months to come (while also reporting on what I hope will be a lot of successful pardon applications). 

December 3, 2019 in Clemency and Pardons, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences | Permalink | Comments (2)

"Bargaining in the Dark: The Need for Transparency and Data in Plea Bargaining"

The title of this post is the title of this new paper on SSRN authored by Andrea Kupfer Schneider and Cynthia Alkon. Here is its abstract:

Plea bargaining is the primary, and unavoidable, method for resolving the vast majority of criminal cases in the United States.  As more attention is paid to reform and changes in the criminal legal system, plea bargaining has also come into the spotlight.  Yet we actually know very little about what happens during that process — a potentially complex negotiation with multiple parties that can, at different times, include prosecutors, defense counsel, judges, defendants, and victims.

Using negotiation theory as a framework, we analyze why more information about the process itself can improve this crucial component of the system.  More information — more data — would permit informed judicial oversight of pleas, improve lawyers’ capacities to negotiate on behalf of clients and the state, and increase the legitimacy of the bargaining between parties where one side tends to have far more resources and power.  Without increased transparency, many of the players in the criminal legal system are just bargaining in the dark.

December 3, 2019 in Procedure and Proof at Sentencing, Who Sentences | Permalink | Comments (0)

Council on Criminal Justice releases new report on "Trends in Correctional Control by Race and Sex"

This morning the Council on Criminal Justice released this interesting new report detailing notable modern changes in the modern demographics of prison, jail, probaton, and parole populatons.  Like all good data-driven reports, this one defies easy summary, and so I will just here reprint the report's page of "Key Findings":

• From 2000 to 2016, racial and ethnic disparites declined across prison, jail, probaton, and parole populatons in the U.S. For example, the black-white state imprisonment disparity fell from 8.3-to-1 to 5.1-to-1, and the Hispanic-white parole disparity fell from 3.6-to-1 to 1.4-to-1.i

• Black-white disparites in state imprisonment rates fell across all major crime categories. The largest drop was for drug ofenses.  In 2000, black people were imprisoned for drug crimes at 15 tmes the rate of whites; by 2016, that rato was just under 5-to-1.

• Among women, the black-white disparity in imprisonment fell from 6-to-1 to 2-to-1, a sharper decrease than the decline among men. The disparity among women fell because of an increase in the imprisonment rate for whites for violent, property, and drug crimes, and a decrease in the imprisonment of black women for drug crimes.

• The change in the black-white male imprisonment disparity occurred as the number of black men in state prisons declined by more than 48,000 (to about 504,000) and the number of white men increased by more than 59,000 (to roughly 476,000). Comparatvely, the black-white female disparity decreased as the number of black women in state prison fell by more than 12,000 (to about 24,000) and the number of white women increased by nearly 25,000 (to about 60,000).

• Reported ofending rates of blacks for rape, robbery, and aggravated assault declined by an average of 3% per year between 2000 and 2016, decreases that contributed to a drop in the black imprisonment rate for these crimes. This decrease was ofset in part by an increase in the expected tme to be served upon admission, which increased for both blacks and whites.

• Hispanic-white disparites in all four correctonal populatons have narrowed steadily since 2000. For Hispanics and whites on probaton, the data showed no disparity in rates by 2016.

For some context and perspectives on the report, the Marshall Project has this new piece headlined "The Growing Racial Disparity in Prison Time: A new study finds black people are staying longer in state prisons, even as they face fewer arrests and prison admissions overall."

December 3, 2019 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Race, Class, and Gender, Reentry and community supervision, Scope of Imprisonment | Permalink | Comments (0)

December 2, 2019

DC Circuit denies Justice Department's motion to stay or vacate preliminary injunction now blocking scheduled federal executions

As noted in this post from 10 days ago, a federal district judge last month blocked the scheduled executions of four condemned federal prisoners via this 15-page order based on the contention that the Justice Department's planned execution protocol "exceeds statutory authority."  Not surprisingly, the Justice Department sought review in the DC Circuit, and today via this three-sentence order a panel of judges denied the motion to stay or vacate the lower court's preliminary injunction.  This Reuters article reports on the ruling and its context:

A U.S. appeals court on Monday dealt another setback to plans by President Donald Trump’s administration to resume the death penalty at the federal level after a 16-year hiatus, denying a Justice Department bid to pave the way for four scheduled executions.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit denied the department’s request to overturn a judge’s decision that at least temporarily stalled plans for executing four convicted murderers. The first was scheduled to die on Dec. 9.

U.S. District Judge Tanya Chutkan last month issued a stay putting on hold the planned executions until a long-running legal challenge to the department’s lethal injection protocol can be resolved. The appeals court found that the administration had “not satisfied the stringent requirements” to block Chutkan’s ruling....

The last federal execution took place in 2003. Since then, protracted litigation over the drugs historically used in lethal injection executions prevented the government from continuing the practice.

Shawn Nolan, a lawyer for the men facing federal execution, welcomed the court’s ruling. “The courts have made clear that the government cannot rush executions in order to avoid judicial review of the legality and constitutionality of its new execution procedure,” Nolan said....

Under Trump’s Democratic predecessor Barack Obama, the Justice Department abandoned its previous three-drug protocol due to a shortage of one of them, an anesthetic called sodium thiopental. The legal fight fell dormant during Obama’s tenure but was revived in July. Barr scheduled the executions of five inmates for December and January and unveiled a new protocol that involved using a single drug, pentobarbital, for lethal injections.

Four of the five inmates have joined the 2005 lawsuit. They have argued that a U.S. law called the Federal Death Penalty Act requires the federal government to follow the “manner” of execution prescribed in the state where an inmate was convicted. The law, as a result, prevents the federal government from creating a single nationwide execution protocol, they argued. Chutkan ruled that the condemned inmates were likely to succeed on their claims that the protocol violates the Federal Death Penalty Act, and found that Barr likely had overreached his authority.

Daniel Lewis Lee, a white supremacist convicted in Arkansas for murdering a family of three, was scheduled to be the first of the inmates to be executed, at a federal prison in Indiana on Dec. 9. A fifth inmate who Barr had ordered executed, Lezmond Mitchell, won a stay of execution from another federal appeals court in October.

The panel of the DC Circuit ruling her was made up of Circuit Judges Rogers, Griffith, and Rao.  Given the composition of this panel (which includes a recent appointee of Prez Trump), I suspect the Justice Department will not bother with seeking en banc review and instead will press its case to SCOTUS (as Attorney General Barr promised to do, if needed).  Assuming the Justice Department gets its papers to SCOTUS before the end of this week, the Justices should be able to rule on the matter in some manner before the first scheduled execution on Dec. 9.  Interesting times.

Prior related posts:

December 2, 2019 in Baze and Glossip lethal injection cases, Death Penalty Reforms, Sentences Reconsidered, Who Sentences | Permalink | Comments (3)

Intriguing (mostly procedural) criminal justice issues up for SCOTUS arguments as 2019 winds down

The US Supreme Court begins its December sitting on Monday morning, and a handful of cases scheduled for oral arguments over the next two weeks ought to be of interest to criminal justice fans.  Here are the ones that I will be watching (with links and descriptions via SCOTUSblog):

New York State Rifle & Pistol Association Inc. v. City of New York, New YorkNo. 18-280 [Arg: 12.2.2019]

Issue(s): Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.

Banister v. DavisNo. 18-6943 [Arg: 12.4.2019]

Issue(s): Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby.

Guerrero-Lasprilla v. BarrNo. 18-776 [Arg: 12.9.2019]

Issue(s): Whether a request for equitable tolling, as it applies to statutory motions to reopen, is judicially reviewable as a “question of law.”

Holguin-Hernandez v. U.S.No. 18-7739 [Arg: 12.10.2019]

Issue(s): Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant’s sentence.

McKinney v. ArizonaNo. 18-1109 [Arg: 12.11.2019]

Issue(s): (1) Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted; and (2) whether the correction of error under Eddings v. Oklahoma requires resentencing.

For the usual reasons, the Second Amendment/gun control case out of New York and the Eighth Amendment/death penalty case out of Arizona seem likely to get the most attention among this bunch.  But, ever the federal sentencing nerd, I am especially interested to see if the Holguin-Hernandez argument might hint at the case being a possible sleeper.  Remarkably, the Justices have not said much of anything about reasonableness review of sentences in over eight years(!) since its March 2011 ruling in Pepper v. US.  And the Justices have not really said anything really important about reasonableness review in a dozen years since the 2007 trio of opinions in Rita, Gall and Kimbrough.  I am not really expecting much from Holguin-Hernandez, but even a the prospect of a thimble of jurisprudential water can be exciting in a reasonableness desert.

December 2, 2019 in Booker and Fanfan Commentary, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences | Permalink | Comments (3)

December 1, 2019

Recommending "Good Law | Bad Law" and other podcasts

Though I do not regularly listen to podcasts, I am always eager to use this platform to promote good law-related podcasts for those who do.  Today I heard from a reader who suggested checking out "Good Law | Bad Law" podcasts.  Here was part of the pitch I received:

Good Law Bad Law ... is now one of the leading law-related podcasts in the country. This week's guest was Temple Law Professor and Trial Ad expert Jules Epstein discussing the case of yet another Philadelphia man released from a long-time life prison sentence after exoneration and the broader issue of the potential pitfalls of eyewitness testimony.  In other recent episodes, this podcast has tackled lessons from Watergate with former Assistant Special Prosecutor Henry Hecht (now with Berkeley Law); the Exxon climate change trial in New York, with Michael Gerrard (of Columbia Law); a discussion about the legacy of the Nazi past with Mary Fulbrook, a leading German historian at the University College of London; and the insanity defense, with one of the foremost mental health experts, Penn Law’s Stephen Morse.

In addition to being grateful for this podcast pitch, I would welcome reader input (via comments or email) on other podcast recommendations.  For criminal justice reform fans, essential listening must include the Decarceration Nation Podcast, which describes itself as "a podcast about radically re-imagining America’s criminal justice system ... created by Joshua B. Hoe to help bring attention to the need for criminal justice reform."   Also, this Ohio criminal law professor felt compelled to listen to Serial season 3 (focused on criminal justice administration in Cleveland) and the Over My Dead Body podcast (concerning Dan Markel's murder).

But I know there is so much more out there, and I welcome hearing from others about all the other great content that folks enjoy in this space.

December 1, 2019 in On blogging, Recommended reading | Permalink | Comments (1)

Father of Parkland school shooting victim urges state prosecutors to abandon capital prosecution of shooter

This opinion piece from Florida, headlined "Parkland parent: Drop death penalty for shooter, let him rot in jail," provides a notable plea to prosecutors from Michael Schulman.  Here are excerpts:

On February 14, 2018, my son, Scott J. Beigel, was murdered by this active shooter at Marjory Stoneman Douglas High School in Parkland....  I read the Nov. 24 Sun-Sentinel editorial, “Delay the Nikolas Cruz trial or accept his plea,” — and could not agree more.

To put the students and faculty through the trauma of reliving that horrible day is cruel and unnecessary. “Going for the death penalty” will not bring our loved ones back to us.  It will not make the physical scars of those wounded go away.  In fact, what it will do is to continue the trauma and not allow the victims to heal and get closure.

Understand, that in order to get the death penalty, the state has to take the trial for the murder of our family members to conclusion.  In all likelihood, that means many of us would have to testify at the trial and relive February 14, 2018, again and again, as we all sit in a courtroom for weeks.

We would be putting ourselves through this for the chance that the shooter would get what we all believe he deserves: the death penalty.  Yet, even following a trial, the shooter could be sentenced to life without parole — the same sentence the shooter has already agreed to accept for in exchange for a guilty plea.  Pursuing the death penalty means subjecting ourselves to the trauma of a trial, reliving the murder of our loved ones for a result we could have obtained without that trauma.

Now let’s imagine the jury finds that the shooter should be put to death. The average time an inmate in Florida spends on death row prior to execution is more than 16 years, according to the Florida Department of Corrections. During those 16 years of time, there will be numerous appeals. Imagine if the shooter wins just one of those appeals and a court judge orders a new trial. We will then have to go back to court and re-open our wounds by testifying again. This is not healthy. This will not help us heal and get any kind of closure....

To State Attorney Michael Satz, and to the living victims of the Marjory Stoneman Douglas massacre, let the shooter rot in jail for the rest of his life. Let us try and get some closure! Let us try and move forward with our lives.

Prior related posts:

December 1, 2019 in Death Penalty Reforms, Procedure and Proof at Sentencing, Victims' Rights At Sentencing, Who Sentences | Permalink | Comments (1)