Send a Tweet
Most Popular Choices
Share on Facebook 2 Share on Twitter 3 Share on LinkedIn Share on Reddit Tell A Friend Printer Friendly Page Save As Favorite View Favorites
OpEdNews Op Eds

Overdue Process And The Death Penalty

By       Message Clifford Johnson       (Page 3 of 5 pages) Become a premium member to see this article and all articles as one long page.     Permalink    (# of views)   No comments, In Series: Death Penalty doctrine

Related Topic(s): ; ; ; ; ; ; ; ; ; ; (more...) ; ; ; ; ; , Add Tags  (less...)
Add to My Group(s)

View Ratings | Rate It

opednews.com Headlined to H4 12/16/15

Author 66549
Become a Fan
  (7 fans)
- Advertisement -


[1] McKane v. Durston, 153 U. S. 684, 687 (1894).

[2] Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 466 (1985) (Marshall, Brennan, and Blackmun, dissenting).

- Advertisement -

[3] Kulko v. Superior Court, 436 U.S. 84, 101 (1978).

[4] Jiminez v. Myers, 12 F.3d 1474, 1480 (9 th Cir. 1993) (Kozinkski, dissenting).

- Advertisement -

[5] Under old English common law, the right to a writ of error (i.e. to appeal) existed only for civil cases and misdemeanors, while the right to counsel at trial existed for petty but not serious crimes. Blackstone railed against such perverse priorities, and the colonies generally provided for writs of error and trial court counsel for all crimes. Blackstone, Commentaries On The Law Of England, III at 406-11, IV at 355, 392 n.11 (N.Y. Ed. 1844). See also Powell v. Alabama , 287 U.S. 45, 60-62 (1932). Of the original 13 states, only Georgia entered the union with no criminal right to appeal, and not until 1845 did Georgia have a higher court to appeal to. History of the [Georgia] Court of Appeals. Georgia's current right of appeal statute refers back to 1863. See Were There no Appeal: The History of Review in American Criminal Courts, Journal of Criminal Law and Criminology, Vol. 81 (Fall 1990), by David Rossman. (In passing the Fourteenth Amendment in 1868, Congress had Georgia on its mind.)

[6] Halbert v. Michigan, 545 U.S. 605, 610 (2005).

[7] Thus, the right on a first appeal to such essentials as transcripts and counsel, rests on inequality. Griffin, at 18-19, 21-22, 27:

- Advertisement -

There is no meaningful distinction between a rule which would deny the poor the right to defend themselves in a trial court and one which effectively denies the poor an adequate appellate review accorded to all who have money enough to pay the costs in advance. It is true that a State is not required by the Federal Constitution to provide appellate courts or a right to appellate review at all. See, e.g., McKane []. But that is not to say that a State that does grant appellate review can do so in a way that discriminates against some convicted defendants on account of their poverty. [Plurality]

Nor does the equal protection of the laws deny a State the right to make classifications in law [] rooted in reason . . . Since capital offenses are sui generis, a State may take account of the irrevocability of death by allowing appeals in capital cases and not in others. Again, 'the right of appeal may be accorded by the State to the accused upon such terms as in its wisdom may be deemed proper.' McKane. . . [Frankfurter conc.]

Illinois . . . could thus deny an appeal altogether in a criminal case without denying due process of law. McKane []. To allow an appeal at all, but with some difference among convicted persons as to the terms upon which an appeal is exercised does not deny due process. It may present a question of equal protection. [Joint Dissent]

[8] Furman v. Georgia, 408 U.S. 238 (1972).

[9] Trial rights (to a speedy trial by a jury, to confrontation, etc.) are guaranteed by the Sixth Amendment, which applies to the states per the Fourteenth Amendment. See: Powell v. Alabama, 287 U.S. 45 (1932); Gideon v. Wainwright, 372 U.S. 335 (1963).

[10] Jones v. Barnes, 463 U.S. 745, 756 n. 1 (1983).

[12] Jones v. Davis, 14-56373 (9 th Cir. 11-12-2015). I am informed that a petition for rehearing en banc is being drafted.

[13] Jones v. Chappell , 31 F.Supp.3d 1050 (2014).

Next Page  1  |  2  |  3  |  4  |  5

 

- Advertisement -

View Ratings | Rate It

opednews.com

Clifford Johnson is a semi-academic naturalized Brit. He first entered the U.S. as a rah-rah Harkness Fellow. For theater, language, and also as a questionable ex-Brit, Johnson adopts a Tom Paine II persona. His activist credentials comprise serial (more...)
 

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon Share Author on Social Media   Go To Commenting

The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

How The One-Dollar Coin Can Cure The Economy

The American Crisis: Deficit Reduction Proposal Snags Treasury Misinformation

Ninth Circuit Leaves Door Open To Suit Against GAO Re Coins Act

Federal Court Affirms Sweeping "Bully Pulpit" Government Right to Lie: Treasury Can't Be Sued

California's Death Penalty: The California Supreme Court's Carefulness Con

The American Crisis: To Free a Lender-Owned Nation (Part IV)