Supreme Court reinstates death sentence for man convicted in carjacking, rape, murder

[Eugene]

Source: Associated Press

Last updated June 4, 2007 8:10 a.m. PT

Supreme Court reinstates death sentence for man convicted in carjacking, rape, murder

By MARK SHERMAN
ASSOCIATED PRESS WRITER

WASHINGTON -- The Supreme Court reinstated the death sentence
Monday of a Washington state man convicted of carjacking, rape
and murder who initially won a reprieve by arguing that a potential
juror was wrongly excluded from his trial.

The court, in a 5-4 decision, said that the Washington judge who
presided over the trial of Cal Coburn Brown properly used his
discretion to excuse a potential juror who expressed equivocal
views about the death penalty.

The juror in question was challenged by prosecutors because he
indicated he would impose the death penalty only if the defendant
were in the position to kill again. Jurors' options were limited:
they could sentence Brown to death or life in prison with no parole.

-snip-

Justice John Paul Stevens, reading a strong dissent from the bench,
said the court wiped away earlier decisions that allow death penalty
opponents to sit on juries in capital cases, provided they demonstrate
they can set aside their beliefs and follow the law.

-snip-

Read more: http://seattlepi.nwsource.com/local/6420AP_Scotus_Washington_Murder.html

---

Also: Monday's Supreme Court Highlights - AP

[Zodiak]

1. So Stevens is saying

that if you are against the DP, then you cannot sit on a jury? So now people who are for the US to get its justice system on par with the rest of Western civilization are not allowed to take part in our justice system?

yup....that powder is still dry. Thanks, Leiberman (et al.).

[depakid]

2. That's what the majority is saying

of course, the majority also believes that executing an innocent person is perfectly constitutional provided that the the person being executed has had ample due process (defined by state courts and pursuant to standards approved by the same far right "justices").

See: Herrera v. Collins http://en.wikipedia.org/wiki/Herrera_v._Collins

It's also important to note that a substantial number of Democrats voted to confirm these "justices."

[Zodiak]

3. sorry, wasn't clear

I knew Stevens was in the minority, just echoing his opinion of the majority opinion. And echoing it badly, It seems.

[TheMadMonk]

4. No Stevens is saying that if you are against the Death Penalty...

...AND will make decisions based upon that objection and not the law and evidence presented, then you have no place on a jury in a trial when the DP is on the table.

The courtroom is not the place for political protests.

[Zodiak]

8. You are incorrect

Justice John Paul Stevens, reading a strong dissent from the bench,
said the court wiped away earlier decisions that allow death penalty
opponents to sit on juries in capital cases, provided they demonstrate
they can set aside their beliefs and follow the law.

This ruling means the court is pre-empively determining all opponents of the death penalty as incapable of following the law in a capital case because of their political beliefs. That, in effect, silences a great portion of Americans from participating in these very important cases that the rest of the world uses, in part, to judge our ability to protect human rights.

Its a political decision, not one based on law.......I find it interesting how you say a courtroom is no place for a poltical protest, but that is EXACTLY what the court just did.

[TheMadMonk]

11. Read the OP? The juror said he would only consider the DP...

...if the accused were in a position to kill again. In other words he would make a personal judgment and not necessarily follow the rule of law.

He flat out said that suspending his personal beliefs was conditional.

[Zodiak]

12. Thats this case

The RULING will strip all opponents of the DP their right to be on a jury.

That's what Stevens said.

[brentspeak]

23. You're conflating one's view of the death penalty with one's political beliefs

Unless someone is a political candidate, or assisting a political candidate in some way, "politics" has nothing to do with an individual's opinion of the DP.

[Commie Pinko Dirtbag]

27. Oh, but there's a pretty strong correlation, you gotta admit. -nt

[MidwestTransplant]

5. You can sit on a Jury and be equivocally for the DP but not if you aren't.

[Solo_in_MD]

6. It seems that the use of premptory challenges is becoming questioned more as of late

which sort of defeats why they are there in the first place.

[jayfish]

7. It's Too Bad Democrats Didn't Have The Stomach...

to challenge the dreaded "nuclear option". Lots of piss-poor decisions arriving this session.

Jay

[regnaD kciN]

9. Not to mention...

...lots of piss-poor decisions coming the session after that, and the session after that, and so on, until one of the "gang of five" has to retire while there's a Democratic President and Congress with the cojones to not be afraid to put someone on the bench if they're "liberal."

And that could be decades from now, even with the best of intentions. :-(

[Donald Ian Rankin]

24. Not "stomach", "numbers".

There was nothing the Dems could have done that would have meant that Alito would not currently be a Supreme Court Justice.

You, personally, had as much chance to prevent him from getting their as the Democratic senators did; their failure is no more indicative of lack of stomach than yours is.

[seriousstan]

10. Good riddance to bad rubbish. Hell awaits, let's speed this process up.

Brown carjacked Holly Washa, 21, and drove her to a hotel near Seattle-Tacoma International Airport. He held her at the motel before leaving her to die.

Brown turned himself in after he raped and tried to kill another woman in Palm Springs, Calif. He admitted to both crimes. In 1993, a King County jury convicted him and sentenced him to die.

[Solon]

13. Speed the process up? Doesn't that involve killing innocent people too?

Its sad that the lynching mentality still exists in this country.

[farraday]

14. Its sad that the lynching mentality still exists in this country.

Doesn't that involve killing innocent people too?
When did you stop beating your wife?

[seriousstan]

19. Not in this case.

[Commie Pinko Dirtbag]

20. But "speed the process" would be for everyone, not just this one. What now? -nt

[bamacrat]

15. Good, anyone who rapes another person ought to face this kind of fate.

[mvd]

16. I'm against the DP

And that goes for all crimes. I have thought about it and consistency is the only thing I'm comfortable with.

[mvd]

17. BTW

This isn't the only bad decision by the SC lately. Look at all those pro-corporate/government decisions in the highlights. The court has two more radical right judges, and one more will make it totally fascist in nature.

[Commie Pinko Dirtbag]

18. Obvious answer: lie your ass off. it's not like the death-seekers are telepaths, now, is it? -nt

[mitchum]

22. That's my plan, but I'm in favor of capital punishment (just like liberal...

humanist John Stuart Mill)

[Commie Pinko Dirtbag]

25. He lived in the 19th century. We're in the 21st. -nt

[mitchum]

28. So did Freud, Marx and Darwin...

and I find little flaw with their thinking. Call me an old fashioned boy...

[Commie Pinko Dirtbag]

29. Marx got a few things wrong, as 20th century history shows.

And Darwin, while getting the right insights, wasn't able to get to the "why" -- since genes hadn't been discovered yet. (Mendel's work was largely unknown.) That's why he dabbled with Lamarckist explanations a bit. Not his fault, but fault of the times he was in.

There is such a thing as progress, you know, and even the best thinkers aren't immune to it.

[mitchum]

30. Man, I'm posting on a steam-powered computer :)

[Socal31]

21. We are not machines...

Can anyone REALLY set aside all of their baggage in a court-room?


Some of us are brought up with slight-prejudice that is nearly impossible to leave out when judging someone. Anyone who says they have absolutely no prejudice towards anything are either lying or much better than the rest of us. I tend to call them liers.

[Commie Pinko Dirtbag]

26. I agree with you. Hence post #18. -nt