Sunday, December 12, 2010

Death penalty constitutionality argument riles TX

The constitutionality of the death penalty is the topic of the hour before TX courts, writes the Houston Chronicle. As the Houston Chronicle indicates, some TX lawmakers aren’t too keen on the idea of the death penalty being labeled unconstitutional. Local Harris County District Attorney Pat Lykos reportedly ordered prosecutors to endure mute during a listening to intended to determine whether the death penalty is unconstitutional in the condition.

Endangering innocents with death penalty

The first time that the constitutionality of the death penalty is being argued in the idea of eliminating an innocent man has happened in TX legal history now with the case with the 25-year old defendant John Edward Green case who was accused of a 2008 robbery and slaying in southwest Houston getting him the death penalty. The defense team for Green is nevertheless fighting. They say he is completely innocent.

However, Pat Lykos and the criminal prosecution team’s decision to endure mute in response to the defense team’s argument that the death penalty is unconstitutional brought the case to the brink of deadlock. District Judge Kevin Fine claimed he wouldn’t allow the criminal prosecution to stand mute at first, but then allowed the case to continue instead of deadlock it by encouraging the defense to continue to present their case while the criminal prosecution sits silently at counsel tables, unable to object, cross-examine or call witnesses.

“It’s arrogant, and it’s contemptuous for the state to decide to not participate when they’re trying to put my client to death,” said defense lawyer Casey Keirnan while in court.

Criminal prosecution implies it’s useless to argue against the death penalty for Green

The death penalty unconstitutionality listening to left the Hearris County prosecutors standing mute. They said, "the law surrounding the death penalty is well-settled" before submitting to silence though. Furthermore, the prosecution stated its position that because the defendant had yet to be convicted thus far, he "lacks standing" to dispute whether the death penalty is unconstitutional.

Info from

Houston Chronicles

chron.com/disp/story.mpl/metropolitan/7327353.html

What Texans know about the death penalty

youtube.com/watch?v=SJ6mje5etlc



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