A federal appeals court on Thursday rejected a previous decision of the US court and found to comply with the Constitution the principle of capital punishment in California, where detainees can spend several decades in the death row. This decision comes in reverse a previous decision by another federal judge who declared the death penalty unconstitutional in the state of the American West, considered particularly cruel because of the time spent in prison before being convicted executed, some are never even put to death.
to the Court of Appeal, California is merely following the federal law of the United States and its judicial system. To say that the sentences imposed on detainees in the death row “have been a slow transformation of a death penalty in a penalty which presents a serious uncertainty and torture” has no logical foundation, affirmed the three judges of this court unanimously rejected the earlier decision.
“Many agree (…) to say that the system of capital punishment in California is not working and that the period between delivery the conviction and execution is extraordinary “, they recognized, however. California is the state that has the largest number of prisoners waiting to be executed, or 747 people spend an average of 17.9 years in the death row. The last execution was in 2006.
The decision on appeal by the three-judge panel is linked to the case of Ernest Dewayne Jones, sentenced to death in 1995 for raping and killing the mother of his little friend, three years earlier. The Cormac Carney judge quashed his conviction last year, saying that the system of capital punishment in California was unconstitutional. He specifically said that the system was done so that the convicts do not know when or if they would be executed. Of the 50 US states, 31 still have recourse to the death penalty.
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