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I was always against capital punishment in the sense that “I’m a liberal, therefore I’m anti death penalty” kind of way. I didn’t give too much thought to it otherwise, until I became a lawyer. Now that I’ve born witness to how fallible our legal system can be first hand, especially for those without means, the thought of the state murdering people makes me physically ill.
The nitrogen hypoxia has been the focus of this particular execution. And yes, he suffered and writhed on the gurney for five minutes gasping for air. The whole thing took 15 minutes. All of this a year after his last botched execution.
But the thing that’s really upsetting me is that a death qualified jury voted 11 to 12 to spare Smith’s life. And that judge overturned their verdict and unilaterally handed down the death sentence himself. A practice which is now illegal in Alabama.
So I looked up that judge. He’s still alive, old as fuck married to a beautiful woman that wrote her own cook book, selling his boat and hanging out at a Birmingham country club.
But the thing that’s really upsetting me is that a death qualified jury voted 11 to 12 to spare Smith’s life. And that judge overturned their verdict and unilaterally handed down the death sentence himself. A practice which is now illegal in Alabama.
I'm glad you added that last sentence. I am far from being a constitutional scholar or even a criminal lawyer. But my recollection was that the SCt ruled that a judge imposing a death penalty like htis is unconstitutional. If I am correct, I don't understand how this guy's death penalty sentence didn't get vacated/overturned. It seems pretty horrible to not impose the ruling retroactively, if what I am saying is right.
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I can't weigh in on the constitutional requirements. And of course we have to factor in cost when deciding whether or not to put a man to death. How silly of me. (And yes this is sarcasm on the cost).