We Need Your Help!
Senate Bill 236 will abolish Montana's death penalty and replace it with life without possibility of parole.The bill passed the Senate and we need you help in the House. The time for action is NOW!
Did you know?
Despite our best and most sincere efforts, humans make errors. Death is permanent; a mistake in execution cannot be corrected.
In the U.S., 130 people have been sentenced to death & were later found innocent.
The death penalty is disproportionately applied to the poor and people of color.
Every state cost study ever done has found that the death penalty costs millions more than a system of life without parole.
The length and publicity surrounding cases seeking the death penalty forces victims' loved ones to constantly relive their pain and delays their healing process. TAKE ACTION NOW!
Contact your State Representative right nowand Tell them to vote FOR SB 236
CALL: Call 406-444-4800, Between 8am and 5pm, Monday through Friday to leave a phone message.
MAIL:
Representative ______
Montana House of Representatives
PO Box 200400
Helena, MT 59620
Hearing SB 236 - Wed. March 25th 8:00 am - House Judicary Committee - Room 303, Captial
Contact your State Representative right nowand Tell them to vote FOR SB 236
CALL: Call 406-444-4800, Between 8am and 5pm, Monday through Friday to leave a phone message.
MAIL:
Representative ______
Montana House of Representatives
PO Box 200400
Helena, MT 59620
Hearing SB 236 - Wed. March 25th 8:00 am - House Judicary Committee - Room 303, Captial
The 130 death row "innocents" scam
ReplyDeleteDudley Sharp, contact info below
NOTE: fact checking issues, on innocence and the death penalty.
It is very important to take note that the 130 "exonerated" from death row is a blatant scam, easily uncovered by fact checking.
Richard Dieter, head of the Death Penalty Information Center (DPIC) and DPIC have produced the claims regarding the exonerated and innocents released from death row list.
The scam is that DPIC just decided to redefine what exonerated and innocence mean according to their own perverse definitions.
How Dieter and DPIC define what "exonerated" or "innocent" means.
". . . (DPIC) makes no distinction between legal and factual innocence. " 'They're innocent in the eyes of the law,' Dieter says. 'That's the only objective standard we have.' "
That is untrue, of course. We are all aware of the differences between legal guilt and actual guilt and legal innocence (not guilty) and actual innocence, just as the courts are.
The only issue in the death penalty innocence debate is how many actual innocents are sent to death row and what is the probability of executing an actual innocent. Legal innocence is not the issue, for the simple fact that we cannot execute a legally innocent person. So the concern is over the actual innocent, those who had no connection to the murder(s).
Furthermore, there is no finding of actual innocence, but it is "not guilty". Dieter knows that we are all speaking of actual innocence, those cases that have no connection to the murder(s). He takes advantage of that by redefining exonerated and innocence.
Dieter "clarifies" the three ways that former death row inmates get onto their "exonerated" by "innocence" list.
"A defendant whose conviction is overturned by a judge must be further exonerated in one of three ways: he must be acquitted at a new trial, or the prosecutor must drop the charges against him, or a governor must grant an absolute pardon."
None establishes actual innocence.
DPIC has " . . . included supposedly innocent defendants who were still culpable as accomplices to the actual triggerman."
DPIC: "There may be guilty persons among the innocents, but that includes all of us."
Good grief. DPIC wishes to apply collective guilt of capital murder to all of us.
Dieter states: "I don't think anybody can know about a person's absolute innocence." (Green). Dieter said he could not pinpoint how many are "actually innocent" -- only the defendants themselves truly know that, he said." (Erickson)
Or Dieter won't assert actual innocence in 1, 102 or 350 cases. He doesn't want to clarify a real number with proof of actual innocence, that would blow his entire deception.
Or, Dieter declare all innocent: "If you are not proven guilty in a court of law, you're innocent." (Green)
Dieter would call Hitler and Stalin innocent. Those are his "standards".
And that is the credibility of the DPIC.
For fact checking.
1. "Case Histories: A Review of 24 Individuals Released from Death Row", Florida Commission on Capital Cases, 6/20/02, Revised 9/10/02 at http://www.floridacapitalcases.state.fl.us/Publications/innocentsproject.pdf
83% error rate in "innocent" claims.
2. "Is 'the innocence list' an appropriate name?", 1/19/03
FRANK GREEN, TIMES-DISPATCH STAFF WRITER
http://www.stopcapitalpunishment.org/coverage/106.html
Dieter admits they don't discern between legal innocence and actual innocence. One of Dieter's funnier quotes;"The prosecutor, perhaps, or Dudley Sharp, perhaps, thinks they're still guilty because there was evidence of their guilt, but that's a subjective judgment." Yep, "EVIDENCE OF GUILT", can't you see why Dieter would think they were innocent? And that's how the DPIC works.
3. The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
"To be sure, 30 or 40 categorically innocent people have been released from death row . . . ".
That is out of the DPIC claimed 119 "exonerated", at that time, for a 75% error rate.
NOTE: It's hard to understand how an absolute can have a differential of 33%. I suggest the "to be sure" is, now, closer to 25.
4. CRITIQUE OF DPIC LIST ("INNOCENCE:FREED FROM DEATH ROW"), Ward Campbell, http://www.prodeathpenalty.com/DPIC.htm
5. "The Death Penalty Debate in Illinois", JJKinsella,6/2000, http://www.dcba.org/brief/junissue/2000/art010600.htm
6.THE DEATH PENALTY - ALL INNOCENCE ISSUES, Dudley Sharp
http://homicidesurvivors.com/2006/03/20/all-innocence-issues--the-death-penalty.aspx
Origins of "innocence" fraud, and review of many innocence issues
7. "Bad List", Ramesh Ponnuru, National Review, 9/16/02
www.nationalreview.com/advance/advance091602.asp#title5
How bad is DPIC?
8. "Not so Innocent", By Ramesh Ponnuru,National Review, 10/1/02
www.nationalreview.com/ponnuru/ponnuru100102.asp
DPIC from bad to worse.
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Death Penalty Provides More Protection for Innocents
ReplyDeleteDudley Sharp, Justice Matters, contact info below
Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.
Enhanced Due Process
No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.
Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.
That is. logically, conclusive.
Enhanced Incapacitation
To state the blatantly clear, living murderers, in prison, after release or escape, are much more likely to harm and murder, again, than are executed murderers.
Although an obvious truism, it is surprising how often folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.
There are a few absolutes when it comes to Life Without Parole. The legislature can lessen sentences, retroactively, and the executive branch can lessen any individual sentence.
Enhanced Deterrence
16 recent studies, inclusive of their defenses, find for death penalty deterrence.
A surprise? No.
Life is preferred over death. Death is feared more than life.
Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.
What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.
However, the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.
Enhanced Fear
Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.
Reality paints a very different picture.
What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.
What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.
What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.
This is not, even remotely, in dispute.
What of that more rational group, the potential murderers who choose not to murder, is it likely that they, like most of us, fear death more than life?
Life is preferred over death. Death is feared more than life.
Furthermore, history tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc.
In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.
Furthermore, possibly we have sentenced 25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.
The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers, The New York Times, has recognized that deception.
To be sure, 30 or 40 categorically innocent people have been released from death row . . . (1) This when death penalty opponents were claiming the release of 119 "innocents" from death row. Death penalty opponents never required actual innocence in order for cases to be added to their "exonerated" or "innocents" list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.
There is no proof of an innocent executed in the US, at least since 1900.
If we accept that the best predictor of future performance is past performance, we can, reasonably, conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.
Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?
Unlikely.
Full report -All Innocence Issues: The Death Penalty, upon request.
Full report - The Death Penalty as a Deterrent, upon request
(1) The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
copyright 2007-2009, Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS, VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
http://homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www.dpinfo.comwww.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
http://yesdeathpenalty.googlepages.com/home2 (Sweden) www.wesleylowe.com/cp.ht
Dudley Sharpe has no credibility. He inserts himself in every state discussion of the death penalty. His facts are old and stale and not state specific. He misrepresents the Catholic Church position and is completely inaccurate about innocence issues.
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