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DomKen -> RE: Imported: Oklahoma execution botched (5/1/2014 6:43:42 AM)
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quote:
ORIGINAL: DaddySatyr
I decided to run a few numbers. I did this, years ago with different results but, to be fair to me, I used a very arbitrary "average" number.
I used this website to establish how many grand jurors each state uses. In cases of multiple requirements, I used the lower numbers. Connecticut does not use grand juries.
A couple of quick asides: Notice how some of the smaller population states use larger grand juries and vice-versa. Also, Washington DC requires a full 16 grand jurors, which seems to line up with federal guidelines.
Anyway, I used all the lowest numbers, added them and divided by 50. Connecticut doesn't use a grand jury, remember (Essentially, I suffer from acalculia and don't know a quick way to figure out mean numbers from averages. if someone could help me out, I'd be obliged). I came up with an average for grand juries of 11.14. So, let's reduce that to 11?
All petite juries (as near as I could tell) require 12 people for criminal cases. It's pretty funny because some states require grand juries as small as 4.
So, in order for someone to be condemned to death and for the sentence to be carried out ...
At least 1 police officer needs to believe they're guilty.
At least 1 prosecutor has to believe they're guilty.
At least 6 Grand Jurors (based on the average of 11 for a quorum) needs to believe they're guilty.
12 members of a Petite Jury must believe they're guilty (The same twelve people must unanimously decide on the death penalty during the penalty phase).
A minimum of 3 justices on a state appeals court must believe the accused to be guilty/have gotten a fair trial.
Federal courts of appeals vary also but we'll go with 5 (which seems to be the average) justices need to uphold the conviction/sentence.
SCOTUS - 5 justices must uphold the conviction/sentence.
So, at least 32 people must be convinced of a person's guilt and/or the fairness of their trial in order for someone to be executed.
I am not saying that the system is perfect. We have evidence to suggest that it's not. I would like to see us get the system a bit more perfect (and start to re-institute the protections of the constitution but that's for another thread).
I won't lose any sleep over this piece of crap.
First, all states do not use the grand jury system for all criminal prosecutions. In some cases the prosecutor can just file an information with the court after a judge finds probable cause.
https://www.isba.org/sites/default/files/Media%20Law%20Handbook%20Chapter%2006%20-%20Criminal%20Procedure.pdf
Second the trial jury system has proven to be remarkably bad at determining guilt and innocence. Defendants rarely have the financial means to hire a high quality defense and public defenders and pro bono appointed attorneys do not have the budgets or incentive to investigate the crime independently or to have experts examine the evidence. This has resulted in a large number of people convicted of capital offences being exonerated by post conviction investigations by groups like the Innocence Project. A recent scientific study of the matter concluded that at least 4% of death penalty convictions are incorrect.
http://www.pnas.org/content/early/2014/04/23/1306417111.abstract
I'm not sure about anyone else but the idea that 1 in 25 people sentenced to death in this nation are likely innocent makes me oppose capital punishment.
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