Coming
in October
From Common Courage Press
Today's
Stories
September 3, 2003
Uri Avnery
First
of All This Wall Must Fall
September 2, 2003
Robert Fisk
Bush's
Occupational Fantasies Lead Iraq Toward Civil War
Kurt Nimmo
Rouind Up the Usual Suspects: the Iman Ali Mosque Bombing
Robert Jensen / Rahul Mahajan
Iraqi Liberation, Bush Style
Elaine Cassel
Innocent But Guilty: When Prosecutors are Dead Wrong
Jason Leopold
Ghosts
in the Machines: the Business of Counting Votes
Dave Lindorff
Dems in 2004: Perfect Storm or Same Old Doldrums?
Paul de Rooij
Predictable
Propaganda: Four Monts of US Occupation
Website of the Day
Laughing Squid
Recent
Stories
August 30 / Sept. 1,
2003
Alexander Cockburn
Handmaiden
in Babylon: Annan, Vieiera de Mello and the Decline and Fall
of the UN
Saul Landau
Schwarzenegger
and Cuban Migration
Standard Schaefer
Who
Benefited from the Tech Bubble: an Interview with Michael Hudson
Gary Leupp
Mel Gibson's Christ on Trial
William S. Lind
Send the Neocons to Baghdad
Augustin Velloso
Aznar: Spain's Super Lackey
Jorge Mariscal
The Smearing of Cruz Bustamante
John Ross
A NAFTA for Energy? The US Looks to Suck Up Mexico's Power
Mickey Z.
War is a Racket: The Wisdom of Gen. Smedley Butler
Elaine Cassel
Ashcroft's Traveling Patriot Show Isn't Winning Many Converts
Stan Cox
Pirates of the Caribbean: the WTO Comes to Cancun
Tom and Judy Turnipseed
Take Back Your Time Day
Adam Engel
The Red Badge of Knowledge: a Review of TDY
Adam Engel
An Eye on Intelligence: an Interview with Douglas Valentine
Susan Davis
Northfork,
an Accidental Review
Nicholas Rowe
Dance
and the Occupation
Mark Zepezauer
Operation
Candor
Poets' Basement
Albert, Guthrie and Hamod
Website of the Weekend
Downhill
Battle
August 29, 2003
Lenni Brenner
God
and the Democratic Wing of the Democratic Party
Brian Cloughley
When in Doubt, Lie Your Head Off
Alice Slater
Bush Nuclear Policy is a Recipe for National Insecurity
David Krieger
What Victory?
Marjorie Cohn
The Thin Blue Line: How the US Occupation of Iraq Imperils International
Law
Richard Glen Boire
Saying Yes to Drugs!
Bister, Estrin and Jacobs
Howard Dean, the Progressive Anti-War Candidate? Some Vermonters
Give Their Views
Website of the Day
DirtyBush
August 28, 2003
Gilad Atzmon
The
Most Common Mistakes of Israelis
David Vest
Moore's
Monument: Cement Shoes for the Constitution
David Lindorff
Shooting Ali in the Back: Why the Pacification is Doomed
Chris Floyd
Cheap Thrills: Bush Lies to Push His War
Wayne Madsen
Restoring the Good, Old Term "Bum"
Elaine Cassel
Not Clueless in Chicago
Stan Goff
Nukes in the Dark
Tariq Ali
Occupied
Iraq Will Never Know Peace
Arnold Schwarzenegger
Behold, My Package
Website of the Day
Palestinian
Artists
August 27, 2003
Bruce Jackson
Little
Deaths: Hiding the Body Count in Iraq
John Feffer
Nuances and North Korea: Six Countries in Search of a Solution
Dave Riley
an Interview with Tariq Ali on the Iraq War
Lacey Phillabaum
Bush's Holy War in the Forests
Steve Niva
Israel's
Assassination Policy: the Trigger for Suicide Bombings?
Website of the Day
The Dean Deception
August 26, 2003
Robert Fisk
Smearing the Dead
David Lindorff
The
Great Oil Gouge: Burning Up that Tax Rebate
Sarmad S. Ali
Baghdad is Deadlier Than Ever: the View of an Iraqi Coroner
Christopher Brauchli
Bush Administration Equates Medical Pot Smokers with Segregationists
Juliana Fredman
Collective Punishment on the West Bank: Dialysis, Checkpoints
and a Palestinian Madonna
Larry Siems
Ghosts of Regime Changes Past in Guatemala
Elaine Cassel
Onward, Ashcroft Soldiers!
Saul Landau
Bush:
a Modern Ahab or a Toy Action Figure?
Congratulations
to CounterPuncher Gilad Atzmon! BBC Names EXILE Top Jazz CD
August 25, 2003
Kurt Nimmo
Israeli Outlaws in America
David Bacon
In Iraq, Labor Protest is a Crime
Thomas P. Healy
The Govs Come to Indy: Corps Welcome; Citizens Locked Out
Norman Madarasz
In an Elephant's Whirl: the US/Canada Relationship After the
Iraq Invasion
Salvador Peralta
The Politics of Focus Groups
Jack McCarthy
Who Killed Jancita Eagle Deer?
Uri Avnery
A Drug
for the Addict
August 23/24, 2003
Forrest Hylton
Rumsfeld
Does Bogota
Robert Fisk
The Cemetery at Basra
Veteran Intelligence Professionals for
Sanity
Insults to Intelligence
Andrew C. Long
Exile on Bliss Street: The Terrorist Threat and the English Professor
Jeremy Bigwood
The Toxic War on Drugs: Monsanto Weedkiller Linked to Powerful
Fungus
Jeffrey St. Clair
Forest
or Against Us: the Bush Doctor Calls on Oregon
Cynthia McKinney
Bring the Troops Home, Now!
David Krieger
So Many Deaths, So Few Answers: Approaching the Second Anniversary
of 9/11
Julie Hilden
A Constitutional Right to be a Human Shield
Dave Lindorff
Marketplace
Medicine
Standard Schaefer
Unholy Trinity: Falwell's Anti-Abortion Attack on Health and
Free Speech
Catherine Dong
Kucinich and FirstEnergy
José Tirado
History Hurts: Why Let the Dems Repeat It?
Ron Jacobs
Springsteen's America
Gavin Keeney
The Infernal Machine
Adam Engel
A Fan's Notations
William Mandel
Five Great Indie Films
Walt Brasch
An American Frog Fable
Poets' Basement
Reiss, Kearney, Guthrie, Albert and Alam
Website of the Weekend
The Hutton Inquiry
August 22, 2003
Carole Harper
Post-Sandinista
Nicaragua
John Chuckman
George Will: the Marquis of Mendacity
Richard Thieme
Operation Paperclip Revisited
Chris Floyd
Dubya Indemnity: Bush Barons Beyond the Reach of Law?
Issam Nashashibi
Palestinians
and the Right of Return: a Rigged Survey
Mary Walworth
Other People's Kids
Ron Jacobs
The
Darkening Tunnel
Website of the Day
Current Energy
August 21, 2003
Robert Fisk
The US
Needs to Blame Anyone But Locals for UN Bombing
Virginia Tilley
The Quisling Policies of the UN in Iraq: Toward a Permanent War?
Rep. Henry Waxman
Bush Owes the Public Some Serious Answers on Iraq
Ben Terrall
War Crimes and Punishment in Indonesia: Rapes, Murders and Slaps
on the Wrists
Elaine Cassel
Brother John Ashcroft's Traveling Patriot Salvation Show
Christopher Brauchli
Getting Gouged by Banks
Marjorie Cohn
Sergio Vieira de Mello: Victim of Terrorism or US Policy in Iraq?
Vicente Navarro
Media
Double Standards: The Case of Mr. Aznar, Friend of Bush
Website of the Day
The Intelligence Squad
Hot Stories
Steve Niva
Israel's
Assassination Policy: the Trigger for Suicide Bombings?
Dardagan,
Slobodo and Williams
CounterPunch Exclusive:
20,000 Wounded Iraqi Civilians
Steve
J.B.
Prison Bitch
Sheldon
Rampton and John Stauber
True Lies: the Use of Propaganda
in the Iraq War
Wendell
Berry
Small Destructions Add Up
CounterPunch
Wire
WMD: Who Said What When
Cindy
Corrie
A Mother's Day Talk: the Daughter
I Can't Hear From
William Blum
Myth
and Denial in the War on Terrorism
Standard Schaefer
Experimental Casinos: DARPA and the War Economy
Uzma
Aslam Khan
The Unbearably Grim Aftermath of War:
What America Says Does Not Go
Paul de Rooij
Arrogant
Propaganda
Gore Vidal
The
Erosion of the American Dream
Francis Boyle
Impeach
Bush: A Draft Resolution
Click Here
for More Stories.
|
September
3, 2003
Prosecutors Weep
Ninth
Circuit Overturns 127 Death Sentences
By ELAINE CASSEL
On September 2, 2003, the Ninth Circuit Court
of Appeals ruled in the case of Summerlin v. Stewart that death
sentences imposed by judges rather than juries must be set aside.
A logical outgrowth of two recent Supreme Court decisions, the
Ninth Circuit's decision could lead to the technical commutation
of sentences of more than 127 prisoners in Arizona, Montana,
and Idaho. That is, unless prosecutors ask for and seek a stay
of the decision pending an appeal to the U.S. Supreme Court.
These are the three states within the jurisdiction of the Ninth
Circuit that utilize judges, not juries, to sentence defendants
in capital cases.
The high court will surely review the
decision, given the sheer numbers of sentences involved. And
a Supreme Court decision that reverses the Ninth Circuit would
be tough to justify. For in its landmark ruling in 2000 in the
case of Appredi v. New Jersey, the Court held that juries must
decide beyond reasonable doubt every fact that leads to the imposition
of an increased penalty for the defendant (e.g., a 20-year as
opposed to a 10-year sentence based on the amount of drugs sold).
Such determinations must not be made by judges, the Court said.
The court extended this logic to the
death penalty last year in Ring v. Arizona, ruling that juries
must determine the factual bases for death sentences. In so ruling,
the justices invalidated judge-based capital sentencing systems
in Arizona, Idaho, Montana, Colorado and Nebraska.
What the high court did not decide was
whether or not its ruling must be applied retroactively or only
to sentences after the date of the Court's ruling. The Ninth
Circuit, in an 8-3 majority of all sitting judges, essentially
said that the Ring ruling had so transformed the constitutional
framework governing the imposition of death sentences that it
would be unconstitutional to execute someone who had been sentenced
under a pre-Ring system.
According to The Washington Post, If
the Ninth Circuit ruling is upheld, the impact could extend to
Nebraska and Colorado, which had similar laws to Arizona, Idaho
and Montana, and where an additional nine death row inmates might
benefit, according to Deborah Fins, who tracks the death-row
population for the NAACP Legal Defense Fund, an anti-capital
punishment organization.
Four other states, Florida, Alabama,
Delaware and Indiana, with a total death row population of 632,
have used hybrid systems in which juries advise judges, but judges
make the final call. These systems may also face court challenges
under Ring.
Imagine how this news upsets prosecutors
(especially the chief prosecutor in the land, Attorney General
John Ashcroft), who cherish the death penalty and will stop at
nothing to see it imposed. You can be sure they are pouring over
the decision and poking holes in it sufficient to convince the
Supreme Court that retroactively applying a decision is unfair--that
people dying after the Court has said the process is illegal
is a fine thing. When the state assumes the role of "Deity,"
the opinion said, it better be right. It is not right to say
that tomorrow's defendant must be sentenced to death by a jury,
but for yesterday's accused, death will do. Responding to the
three dissenters, the majority challenged this "warped"
view of justice:
Is it possible that prisoners will now
be executed by the state solely because of the happenstance that
the Supreme Court recognized the correctness of their constitutional
arguments too late--on a wholly arbitrary date, rather than when
it should have? Will we add to all of the other arbitrariness
infecting our administration of the death penalty the pure fortuity
of when the Supreme Court recognized its own critical error with
respect to the meaning of the Constitution? Can we justify executing
those whose legal efforts had reached a certain point in our
imperfect legal process on the day the Supreme Court changed
its mind, while invalidating the death sentences of those whose
cases were waiting slightly further down the line?
...{I}f our society truly honors its
constitutional values, it will not tolerate the execution by
the state of individuals whose capital sentences were imposed
in violation of their constitutional rights. It should not take
a constitutional scholar to comprehend that point.
Whether the high court will muster a
majority that is as morally outraged as the Ninth Circuit remains
to be seen. It may not take a constitutional scholar to comprehend
the unfairness of killing people whose appeals were completed
before Ring. But it will take five of nine Supreme Court justices
acting boldly and compassionately and resisting political pressure
to go along with the arbitrary machinery of death grinding away
day to day in the death houses of American prisons.
Elaine Cassel
practices law in Virginia and the District of Columbia, teachers
law and psychology, and follows the Bush regime's dismantling
of the Constitution at Civil
Liberties Watch. She can be reached at: ecassel1@cox.net
Weekend
Edition Features for August 30 / Sept. 1, 2003
Alexander Cockburn
Handmaiden
in Babylon: Annan, Vieiera de Mello and the Decline and Fall
of the UN
Saul Landau
Schwarzenegger
and Cuban Migration
Standard Schaefer
Who
Benefited from the Tech Bubble: an Interview with Michael Hudson
Gary Leupp
Mel Gibson's Christ on Trial
William S. Lind
Send the Neocons to Baghdad
Augustin Velloso
Aznar: Spain's Super Lackey
Jorge Mariscal
The Smearing of Cruz Bustamante
John Ross
A NAFTA for Energy? The US Looks to Suck Up Mexico's Power
Mickey Z.
War is a Racket: The Wisdom of Gen. Smedley Butler
Elaine Cassel
Ashcroft's Traveling Patriot Show Isn't Winning Many Converts
Stan Cox
Pirates of the Caribbean: the WTO Comes to Cancun
Tom and Judy Turnipseed
Take Back Your Time Day
Adam Engel
The Red Badge of Knowledge: a Review of TDY
Adam Engel
An Eye on Intelligence: an Interview with Douglas Valentine
Susan Davis
Northfork,
an Accidental Review
Nicholas Rowe
Dance
and the Occupation
Mark Zepezauer
Operation
Candor
Poets' Basement
Albert, Guthrie and Hamod
Website of the Weekend
Downhill
Battle
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