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Thursday Early Evening Open Thread

By Big Tent Democrat, Section Blog Related
Posted on Thu Apr 01, 2010 at 07:50:17 PM EST
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    Thursday Early Evening Open Thread | 20 comments (20 topical)

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    The murderer of Dr. Tiller (5.00 / 1) (#1)
    by Peter G on Thu Apr 01, 2010 at 07:57:43 PM EST
    in Kansas was given the maximum possible sentence today:  life with no parole eligibility for 50 years.

    Peter G, in your opinion, could (none / 0) (#2)
    by oculus on Thu Apr 01, 2010 at 08:03:47 PM EST
    the prosecution have sought death penalty?

    Parent
    It does not appear that the Roeder case (5.00 / 1) (#6)
    by Peter G on Thu Apr 01, 2010 at 08:46:11 PM EST
    would have satisfied any of the "aggravating circumstances" necessary to invoke the death penalty under Kansas law.  My guess is that Dr. Tiller's family, in their capacity as the victims, would have opposed seeking the death penalty on moral grounds anyway.

    Parent
    It seems to me these (none / 0) (#7)
    by oculus on Thu Apr 01, 2010 at 09:15:23 PM EST
    factors could have been alleged and submitted to the jury:

    Aggravating factors that the jury may consider are limited to the following:
    . . . .
    the defendant knowingly or purposely killed or created a great risk of death to more than one person;
    . . . .
    the defendant committed the crime in an especially heinous, atrocious or cruel manner;

    I would be interested to know if the victim's family asked the prosecution not to allege special circumstances.

    Parent

    No, neither factor would apply (none / 0) (#19)
    by Peter G on Fri Apr 02, 2010 at 10:53:24 AM EST
    Aggravating factors are (mercifully) construed strictly, in order that they can perform their intended function of narrowing the use of the death penalty to the true "worst of the worst" murder cases, based on objective criteria selected in advance by the Legislature.  (This tight narrowing function is required by the Eighth Amendment, according to the Supreme Court.)  An assassination of one person, specifically chosen in advance, executed at close range, cannot be viewed as "purposely creating a great risk of death to more than one person," even when it occurs in a crowded setting.  Likewise, a bullet fired at close range to kill, as opposed to a torture-type death, for example, cannot be what is meant by "especially heinous, atrocious or cruel," even when performed in view of others, and in a church, and for the purpose of denying third-parties their civil rights, for example.

    Parent
    I will always be curious though. If the (none / 0) (#20)
    by oculus on Fri Apr 02, 2010 at 11:04:30 AM EST
    victim represented a cause more popular in Kansas would the charging decision have been different?

    Parent