Showing posts with label US justice?. Show all posts
Showing posts with label US justice?. Show all posts

Saturday, September 17, 2011

Another lesson for Thailand


Once again an illustration of the ill-practice of Thai officialdom in taking US practice on the death penalty as a model.
A stay of execution has been granted to Duane Buck just hours before he was to be put to death in Texas on Thursday.
Mr. Buck, an African-American, was convicted of murder in 1997. At the sentencing, a psychologist who was an expert witness said “yes” when asked if “the race factor, black,” increased the chances that Mr. Buck would again do something dangerous.
In Texas, this is a pivotal question: if the state does not prove “future danger” beyond reasonable doubt, it cannot sentence a convict to death. The prosecution got the answer it wanted. The jury sentenced Mr. Buck to death.
"The gross racism in Mr. Buck’s case is proof again that the death penalty is cruel and unusual because it is arbitrary and discriminatory, as well as barbaric, and must be abolished." (From Editorial, NYT, 17th September 2011)

Thursday, April 21, 2011

Imprisonment for life without parole


As Thailand moves to abolish the death penalty, there are fears that, following US example, it will replace death by imprisonment for life without parole. The following leads one to doubt the wisdom of imitating US practice:

In the United States, dozens of 13- and 14-year-old children have been sentenced to life imprisonment with no possibility of parole after being prosecuted as adults. While the United States Supreme Court recently declared in Roper v. Simmons that death by execution is unconstitutional for juveniles, young children continue to be sentenced to imprisonment until death with very little scrutiny or review. A study by the Equal Justice Initiative (EJI) has documented 73 cases where children 13 and 14 years of age have been condemned to death in prison. Almost all of these kids currently lack legal representation and in most of these cases the propriety and constitutionality of their extreme sentences have never been reviewed.
Most of the sentences imposed on these children were mandatory: the court could not give any consideration to the child’s age or life history. Some of the children were charged with crimes that do not involve homicide or even injury; many were convicted for offenses where older teenagers or adults were involved and primarily responsible for the crime; nearly two-thirds are children of color.