You've probably already heard about The Supreme Court's decision to consider lethal injection in Baze v. Rees. They are being asked to advise states how to determine whether particular chemical combinations cause too much pain and suffering to be allowed under the 8th Amendment's prohibition on cruel and unusual punishment.
If not, check out SCOTUSblog's writeup for an in depth description.
Also see, in particular, the petition, brief in opposition and reply.
The questions presented in the petition are as follows:
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I. Does the Eighth Amendment to the United States Constitution prohibit means for carrying out a method of execution that create an unnecessary risk of pain and suffering as opposed to only a substantial risk of the wanton infliction of pain?
II. Do the means for carrying out an execution cause an unnecessary risk of pain and suffering in violation of the Eighth Amendment upon a showing that readily available alternatives that pose less risk of pain and suffering could be used?
III. Does the continued use of sodium thiopental, pancuronium bromide, and potassium chloride, individually or together, violate the cruel and unusual punishment clause of the Eighth Amendment because lethal injections can be carried out by using other chemicals that pose less risk of pain and suffering?
IV. When it is known that the effects of the chemicals could be reversed if the proper actions are taken, does substantive due process require a state to be prepared to maintain life in case a stay of execution is granted after the lethal injection chemicals are injected?
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As many predicted - SCOTUS's decision to hear this case has caused some states to take a hard look at their lethal injection policies and now SCOTUS has issued another stay in pending execution by lethal injection. See NYTimes article: Rare Supreme Court Stay Halts a Texas Execution
Friday, September 28, 2007
Sunday, September 23, 2007
taser abuse against students
Given all the discussion about the taser incident at the Kerry town hall in florida, [see, e.g. youtube and nytimes.] I decided to check up on the taser incident at UCLA last year. (see below for my original post on the topic).
It appears there have been some interesting developments. First of all - the student DID file a lawsuit.
(content in itals below taken from the incident's wikipedia entry)
"On January 17, 2007, Tabatabainejad filed a federal lawsuit alleging the campus officers used excessive force, and that they violated the Americans with Disabilities Act of 1990. He is seeking unspecified damages.[29] According to the lawsuit, Tabatabainejad has bipolar disorder and informed the officers of his condition, but was treated in a way that constitutes discrimination under the ADA.[30] His attorney, Paul Hoffman, has said that a February 2008 court date has been set.[19]"
Also, both an independent and an internal investigation on the incident were done. The internal investigation is not available - but apparently found no policy violations. In constrast, the independent investigation did find policy violations and recommended that the campus tasering policy be changed. Read the full independent report (in pdf), released in August 2007.
Further, it's notable that the student was NOT prosecuted for resisting arrest.
--------------------------(original blog entry from 11/18/06)-----------------------
UCLA Student Tasered Repeatedly by Campus Police in Library
This is the cameraphone video.
If the embed doesn't work, go here.
When I first saw this (at neph_politics and other journals).. I was skeptical. It made my stomach turn and made me cry, but I suspected it was a youtube stunt. I thought, maybe the cops are faking it. So I did some research. See below. Read the articles and listen to the interviews. Some of the facts are still unclear, and some will likely continue to be debatable. But it is a compelling and disturbing story, any way you cut it.
Here are a few allegations/facts I'd like you to keep in mind.
- This was a routine ID check late at night at a school library
- The student is named Mostafa Tabatabainejad and alleged racial profiling when he, rather than the other white students around him, were asked for ID
- It's debatable whether he was getting up to leave or refusing to show his ID when the police grabbed him.. (but regardless)
- After going "limp" - he was tasered repeatedly while the police yelled at him to "stand up."
- He was tasered repeatedly AFTER being placed in handcuffs
- There are no allegations that the student was ever violent or threatened the officers. He went limp/prone and did not comply when they ordered him to stand up.
- Other students repeatedly asked the police for their badge IDs and asked them to stop
- One student who protested the tasering was told "Get back over there or you'll get tasered too." (see original video and Olberman report)
LA Times initial report
a-me-ucla17nov17,1,1813095.story">LA Times article on planned lawsuit
PDF report from UCPD
PDF taser use policy
UCLA newspaper report
Another UCLA newspaper report
Daily Kos writeup with links
Olberman on MSNBC (interview, narrative, video)
link: http://www.youtube.com/watch?v=4ZiIebst4fc
It appears there have been some interesting developments. First of all - the student DID file a lawsuit.
(content in itals below taken from the incident's wikipedia entry)
"On January 17, 2007, Tabatabainejad filed a federal lawsuit alleging the campus officers used excessive force, and that they violated the Americans with Disabilities Act of 1990. He is seeking unspecified damages.[29] According to the lawsuit, Tabatabainejad has bipolar disorder and informed the officers of his condition, but was treated in a way that constitutes discrimination under the ADA.[30] His attorney, Paul Hoffman, has said that a February 2008 court date has been set.[19]"
Also, both an independent and an internal investigation on the incident were done. The internal investigation is not available - but apparently found no policy violations. In constrast, the independent investigation did find policy violations and recommended that the campus tasering policy be changed. Read the full independent report (in pdf), released in August 2007.
Further, it's notable that the student was NOT prosecuted for resisting arrest.
--------------------------(original blog entry from 11/18/06)-----------------------
UCLA Student Tasered Repeatedly by Campus Police in Library
This is the cameraphone video.
If the embed doesn't work, go here.
When I first saw this (at neph_politics and other journals).. I was skeptical. It made my stomach turn and made me cry, but I suspected it was a youtube stunt. I thought, maybe the cops are faking it. So I did some research. See below. Read the articles and listen to the interviews. Some of the facts are still unclear, and some will likely continue to be debatable. But it is a compelling and disturbing story, any way you cut it.
Here are a few allegations/facts I'd like you to keep in mind.
- This was a routine ID check late at night at a school library
- The student is named Mostafa Tabatabainejad and alleged racial profiling when he, rather than the other white students around him, were asked for ID
- It's debatable whether he was getting up to leave or refusing to show his ID when the police grabbed him.. (but regardless)
- After going "limp" - he was tasered repeatedly while the police yelled at him to "stand up."
- He was tasered repeatedly AFTER being placed in handcuffs
- There are no allegations that the student was ever violent or threatened the officers. He went limp/prone and did not comply when they ordered him to stand up.
- Other students repeatedly asked the police for their badge IDs and asked them to stop
- One student who protested the tasering was told "Get back over there or you'll get tasered too." (see original video and Olberman report)
LA Times initial report
a-me-ucla17nov17,1,1813095.story">LA Times article on planned lawsuit
PDF report from UCPD
PDF taser use policy
UCLA newspaper report
Another UCLA newspaper report
Daily Kos writeup with links
Olberman on MSNBC (interview, narrative, video)
link: http://www.youtube.com/watch?v=4ZiIebst4fc
MSNBC interview of Mustafa's lawyer regarding potential federal civil rights lawsuit (link: http://www.youtube.com/watch?v=uhYCeO67fCs)
Saturday, September 15, 2007
judicial interference
While watching cases on trial over the past few months - Peter and I have both observed that the judges were much more "involved" than we expected them to be. For whatever reason - I hadn't expected judges to ask questions of witnesses - and it seems to vary - but it does not appear to be uncommon in 100/111 Center Street.
Last week, we watched a reckless assault case in Supreme Court. I noticed again that the judge was asking a lot of clarifying questions of the witness. He was rephrasing questions for the prosecutor and he was asking his own. Now, this was during a very confusing direct examination of a traffic cop about where cars were located in an intersection - and his questions were helpful. But what struck me was that it came from the judge. It made us wonder - how much interference is too much?
And lo and behold - Peter found this article in the NY Law Journal: (registration required for full access)
"In the present case, the unanimous panel ruled that Justice Arlene R. Silverman's (See Profile) "almost continuous interference" during both the defense's and the prosecution's questioning constituted reversible error, requiring the panel to throw out a guilty verdict in a felony drug-possession trial.
"While we recognize that the dynamics of a criminal trial may result in some intervention by the trial judge in the examination of witnesses, the cumulative effect of the court's extraordinarily incessant interference in this case was to obstruct counsel's effort to present a defense for his client," the panel held in its unsigned opinion, People v. Thorpe, 1406. "This is simply unacceptable."
Apparently, that's too much.
Last week, we watched a reckless assault case in Supreme Court. I noticed again that the judge was asking a lot of clarifying questions of the witness. He was rephrasing questions for the prosecutor and he was asking his own. Now, this was during a very confusing direct examination of a traffic cop about where cars were located in an intersection - and his questions were helpful. But what struck me was that it came from the judge. It made us wonder - how much interference is too much?
And lo and behold - Peter found this article in the NY Law Journal: (registration required for full access)
"In the present case, the unanimous panel ruled that Justice Arlene R. Silverman's (See Profile) "almost continuous interference" during both the defense's and the prosecution's questioning constituted reversible error, requiring the panel to throw out a guilty verdict in a felony drug-possession trial.
"While we recognize that the dynamics of a criminal trial may result in some intervention by the trial judge in the examination of witnesses, the cumulative effect of the court's extraordinarily incessant interference in this case was to obstruct counsel's effort to present a defense for his client," the panel held in its unsigned opinion, People v. Thorpe, 1406. "This is simply unacceptable."
Apparently, that's too much.
Tuesday, September 11, 2007
ny state death penalty appeal
NY High Court hears oral argument on death penalty appeal:
http://www.nytimes.com/2007/09/11/nyregion/11death.html?ref=nyregion
http://www.nytimes.com/2007/09/11/nyregion/11death.html?ref=nyregion
Friday, September 7, 2007
crossing the line
Just yesterday, we were discussing the line between zealous advocacy and contempt of court. This public defender apparently crossed that line - at least according to this particular judge.
"During a criminal hearing on Aug. 29, Brown attempted to point out that her client "is a homeless man," according to court transcripts. Bayly, however, responded with skepticism: "I don't know that he is." The two argued over the point before Bayly told Brown to have a seat. "Step her back, please. Step her back," Bayly told a U.S. marshal, according to the transcript. Brown was shackled and held in a cell with misdemeanor defendants."
http://althouse.blogspot.com/2007/09/how-judge-ends-argument.html
http://www.abajournal.com/news/dogged_argument_lands_pd_in_jail/
http://www.law.com/jsp/article.jsp?id=1188896550811
"During a criminal hearing on Aug. 29, Brown attempted to point out that her client "is a homeless man," according to court transcripts. Bayly, however, responded with skepticism: "I don't know that he is." The two argued over the point before Bayly told Brown to have a seat. "Step her back, please. Step her back," Bayly told a U.S. marshal, according to the transcript. Brown was shackled and held in a cell with misdemeanor defendants."
http://althouse.blogspot.com/2007/09/how-judge-ends-argument.html
http://www.abajournal.com/news/dogged_argument_lands_pd_in_jail/
http://www.law.com/jsp/article.jsp?id=1188896550811
Tuesday, September 4, 2007
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