Sunday, March 14, 2010
Judge Fine
I have been watching with great interest the stories on Harris County District Judge Kevin Fine, who ruled that the death penalty in Texas was unconstitutional, then rescinded that ruling. Claire St. Amant quoted me (accurately) in today's excellent piece in the Houston Chronicle, which you can read here.
Comments:
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Mark,
Correct me here where I go astray--but my sense is that you have always eschewed "Constitutional" leger demain when it comes to fighting the death penalty. I have always understood your approach to be that the death penalty is legal--if we say it is legal. The way to abolish the death penalty is to win the hearts and minds of the voting public--and make the death penalty odious to most Americans.
I admire this approach.
Correct me here where I go astray--but my sense is that you have always eschewed "Constitutional" leger demain when it comes to fighting the death penalty. I have always understood your approach to be that the death penalty is legal--if we say it is legal. The way to abolish the death penalty is to win the hearts and minds of the voting public--and make the death penalty odious to most Americans.
I admire this approach.
Waco Farmer--
That's correct. I think the best way to get rid of it is to convince millions of Americans it is wrong, not just five.
That's correct. I think the best way to get rid of it is to convince millions of Americans it is wrong, not just five.
What I would like to know is how a district court judge expects that any ruling calling the Texas capital punishment statutory scheme unconstitutional will stand on appeal, especially in the 1st or 14th, or (gasp, choke, wheeze) the Court of Criminal Appeals. Judge Fine had to know that his ruling was going to be overturned with a fury and quickness.
That said, I agree (not shockingly) with the Professor: as long as the people want the death penalty, it will be there, and shall not be done away with until people say, "no more." Seeking a judicial remedy for it is the wrong tactic.
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That said, I agree (not shockingly) with the Professor: as long as the people want the death penalty, it will be there, and shall not be done away with until people say, "no more." Seeking a judicial remedy for it is the wrong tactic.
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