Saturday, August 16, 2014

Do you believe in spirits - revisited

After the execution that lasted 2 hours, which I described here, yet another condemned prisoner applied to the U.S. Supreme Court for the stay of his execution because the drugs that take 2 hours to kill may be used on him, too, constituting cruel and unusual punishment, prohibited by the 8th Amendment of the U.S. Constitution - and by the International Treaty against torture.

The U.S. Supreme Court's response?  Stay was denied, because "there is no question about the brutality of this crime, or doubt of Michael Worthington's guilt". 

The execution actually (reportedly) took 10 minutes, but that is not the point.

The point is that the court, judges, human beings who denied the stay of execution of another human being by drugs despite a clear possibility that the execution will turn into a 2-hour unconstitutional torture, as it already happened a short time prior to the prisoner's application,  did not know the future, did not know that it will take "only" 10 minutes for the condemned prisoner to die.

The denial of the stay was because of the "undeniable guilt" of the condemned prisoner and because of the "brutality of the crime".

But - it was not the point.  The point was whether such an execution was cruel and unusual punishment.

So - in the decision of the highest court, comprised of judges and lawyers who were sworn to uphold the U.S. Constitution, including its 8th Amendment prohibiting CRUEL AND UNUSUAL PUNISHMENT, no matter what the brutality of the crime or whether guilt is or is not undeniable, the brutality of the crime and the guilt of the prisoner outweighed the U.S. Constitution the judges were sworn to uphold.

What should be done to the judges who decided to deny the stay?  My suggestion - they must certainly be taken off the bench.

But who will take a U.S. Supreme Court justice off the bench?  There are no real enforceable mechanisms to do that.

And this type of decisions - not on point, unconstitutional, but final and causing harm to a human being - is the whole problem with the U.S. court system.

My personal opinion - judges should be held personally responsible and should be taken off the bench for decisions that blatantly disregard issues in front of them and their own oaths of office.

There should be an enforceable mechanism by which the public can remove such judges from ANY position, up to the U.S. Supreme Court.

Will any U.S. representative in the Legislature dare to promote such a statute?


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