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View Full Version : Execution of Ohio Death Row Prisoner Delayed After Juror Asks Governor for mercy


DGUtley
02-10-2018, 08:46 AM
This is an interesting situation. I tip my hat to Kasich for giving the PB the time to consider the issue.

Execution of Ohio Death Row Prisoner Raymond Tibbetts Delayed After Juror Asks Governor to Grant Mercy (https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImR1dGxleUBjcnVnb GF3LmNvbSIsImJ1bGxldGluX2xpbmtfaWQiOiIxMTYiLCJzdWJ zY3JpYmVyX2lkIjoiNzM3MjAzNzMwIiwibGlua19pZCI6IjMyN DMxNzkyNyIsInVyaSI6ImJwMjpkaWdlc3QiLCJ1cmwiOiJodHR wOi8vd3d3Lm5ld3N3ZWVrLmNvbS9leGVjdXRpb24tb2hpby1kZ WF0aC1yb3ctcHJpc29uZXItcmF5bW9uZC10aWJiZXR0cy1kZWx heWVkLWFmdGVyLWpvaG4ta2FzaWNoLTgwMTc4MSIsImJ1bGxld GluX2lkIjoiMjAxODAyMDkuODUxMjQxOTEifQ.iEbjeb-MyK0jZAMkiRvevduyNLzyaYNbqhR3KSht5VE)

A commentary on it: https://www.ohio.com/akron/editorial/editorials/beacon-journal-ohio-com-editorial-board-clemency-appropriately-applied-by-the-governor
Peter1469
02-10-2018, 08:52 AM
I am against the practice of questioning jurors about their views on the death penalty in death eligible cases. I think it is a perversion of the 6th Amendment.
DGUtley
02-10-2018, 08:52 AM
This was 20 years or so after the trial.
Peter1469
02-10-2018, 09:48 AM
This was 20 years or so after the trial.

I know. My comment was a general one.
DGUtley
02-10-2018, 10:08 AM
I know. My comment was a general one.

Some judges around here let jurors submit questions to the court to be asked during trial. In that circumstance, the attys get to object or redraw and then the judge reads them. Some judges ask questions. I hate both. If opposing counsel doesn't go there, a judge can kill my case by asking that one question that opposing counsel should've asked.
Common
02-10-2018, 02:03 PM
Interesting, apparently the juror had second thoughts about their decision.
Peter1469
02-10-2018, 03:19 PM
Some judges around here let jurors submit questions to the court to be asked during trial. In that circumstance, the attys get to object or redraw and then the judge reads them. Some judges ask questions. I hate both. If opposing counsel doesn't go there, a judge can kill my case by asking that one question that opposing counsel should've asked.
In a military court-martial, the panel submits questions and the prosecution and defense gets to challenge them. The judge makes the final call and handles the questions.
Captdon
02-10-2018, 03:25 PM
I am against the practice of questioning jurors about their views on the death penalty in death eligible cases. I think it is a perversion of the 6th Amendment.

Why? If someone is opposed to the death penalty you do have lack of justice. Where's the impartial in that?
Peter1469
02-10-2018, 04:43 PM
Why? If someone is opposed to the death penalty you do have lack of justice. Where's the impartial in that?

The Constitution requires a jury of your peers. That is it.

Why should the State cut into that number of people with other requirements?
Captdon
02-10-2018, 08:59 PM
The Constitution requires a jury of your peers. That is it.

Why should the State cut into that number of people with other requirements?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

If you are opposed to the death penalty you are not impartial. The death penalty phase has to be covered by this or it has no validity.
Peter1469
02-10-2018, 09:01 PM
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

If you are opposed to the death penalty you are not impartial. The death penalty phase has to be covered by this or it has no validity.
I disagree. And I am all for the concept of jury nullification.