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georgia looks like it's get really
to execute
the mentally disabled the the
boom word at law is retarded although
more often than not people consider that to the
but that is the these legal term
and uh... just where he is a district attorney
with pots of county organ past president of the organ district attorney's
association cordia there sir
i have been for twenty years yet ok so in the website is closed d_a_ dot com
the judge balkan
bocmag program
soul
are in fires this correctly
you consider yourself the relatively progressive democrat and you're in favor
of the death penalty
i'm in favor of the death penalty
um... in in some cases ads are approximately
depending on how you ask the question between sixty five to eighty percent of
all americans and interestingly when u
when you ask people their political persuasion
those people who describe themselves as liberals
it's about sixty two percent of people who are self-described as liberals
the question is are you for the death penalty ever
or argued for the death penalty general and and
but do you get departing answers because
trip home
i do i do not believe people it including people who like a check the
death penalty is probably overused at dot in the sense that there are
they bleed and as a people on death row but
frankly dictate some of the cases in some states
week we in oregon simply would not ask for the death penalty
for what we refer to as a seven-eleven birth which is
i'm not trying to get a great decline but um... when you have lots of young
people who go ahead with the guy they were up
as convenient smart
they panicked they shoot to kill the owner
that's a horrible crime but absent something really awful that general way
doesn't should not one of the death penalty for in your mind to the death
penalty is reserved for people like charlie manson
well now charlie manson or brett egotistical i prosecuted no lesson three
times in twenty years
he has an i_q_ bartered empty bottle x um... and he was a star student that
riding a bicycle
any brutally planted and executed to lovely people
and there's never been any question about his guilt
we just keep adding to retry the case hope it over here
glaxo
but your ear if you want to talk about the structural apple it play on it
using the you know the total called out the r_ word but
frankly
in the context of
the actions case which was a u_s_ supreme court case
of about i think six years ago which ruled that
um... a person who was genuinely mentally-retarded could not be executed
the problem of course is that how you define that generally speaking the court
left that to the states
they've got and and they're pretty uncomfortable organized a and i think
yours
um... has as has yet to come up with a clear definition
uh... and not only a definition but who makes the decision
in summer dates for example there's a preliminary hearing at which a charge
takes expert testimony
and makes a decision and the people and so she finds at the uh...
the person who's facing the death penalty
is in fact mentally-retarded then the death penalty is kicking off the table
and other cases like actually
but interestingly the distract guns
the case too
who bought it
from was from virginia and after the worst case was overturned the case went
back for trial
eight jury found that specifically that mister adkins what lot retarded
and substantive dot i'd get on that
the case got overturned on a completely different grounds
so
georgia does have what uh... other unusual feature which is
they create what's called an affirmative defense which is not us
infrequent that which means
the burden has shifted to the defendant
*** georgia
a defendant
who was otherwise game execution eligible
must prove beyond a reasonable doubt
but he's not
uh... because
there's an execution eligible not not that he's not
guilty but that he's not right at it is not mentally competent at one of the
points i think it is the behaviors
there is really no question about it
warren hills
actual deal
around his lawyers have a raised at the sole issue is
uh... is he in fact
not mentally incapable brando water's always intended
and i think it's i'd groups of the peace within
if you don't execute people
who are either so insane they think they shops that were not there wife
where they think they're squeezing in a of
no eleven
instead of somebody's throat that that's what we would call delusional or
psychosis
well here's my god is like my problem with the did with the death penalty and
that is the anything with
most stability
mature democracies no longer have the death penalty do consider japan in india
i developed a trip to markers
india i'm not sure if you can certainly i do and i realize that they have the
death penalty there
but they're the exception that proves the rule of anything
and and my concern is what about the killers of the killers
would you be willing to personally execute
the fellow the you prosecuted
and i believe and you don't yet yeah it seems to me like you don't have to be a
sociopath not to not to have difficulty sleeping after
after taking another person's life even if you feel a sense of caught my eye
quite a bit a prosecutor or
thirty years i have been
hyatt i have the unusual
experience of having also been atvs capital defense lawyers so i've been on
both sides of the table which very few people that
in my career
now i've done specks of a couple of dozen *** cases
i have only had two people
hooper whom i stood in front of juries and ask them to put them to bethel and
bus make no mistake
you know i do that
mining moral
responsibility is undeniable on him
i'm the prosecutor on the person making that decision
and if that person were ever to be executed i'd believe it would be my duty
dot blotting on particular looking forward to
to go to their execution now
you have to understand that
the ipod only believed that the man who's been sentenced to death
unanimously by ford insurance was refused it
will probably outlive me but
let's assume that was not the case let's assume that
impact me you were to be executed i would feel with my moral responsibility
to be there
i would not find it a pleasant experience
and jurors for example um...
they are common defense
argument is do you really can you live with yourselves
uh... knowing that you are in fact condemning someone to death
now i would not healed
well and and and tonya just basically tore the boy did it
if in fact
and their but my own parents certainly my father who was a refugee from nazi
germany who was a college professor who participates in truman in world war two
my father was against the death penalty literally so and he was very unhappy
when he saw my name weekly quoted in the new york times as a supporter of capital
buckshot
now my parents were religious by mother store-bought
and she doesn't like the fact that uh... the and i wish they had philosophical
beliefs probably very similar to yours
then there are people with religious beliefs
even though the uh...
the actual translation on
i would be uh... king james
uh... bible from greek it's not workshop not kill it alshawwa ***
um... there are many people into the pit the catholic faith we believe the death
penalty is wrong
if in fact we believe
the death penalty is wrong there is no amount of report
know about it careful s
correct me if i'm wrong that we could use or apply
it would make you ok but and then since truman and i a m a look at the u_n_ its
fairly quite it's fairly clear right now the repairing executed an innocent man
you know you're half of our time we could all right and i know you're you're
talking about the arson case
embalming destroy a and that's also fairly like electricity hearts at yahoo
spawning innocent man i mean this is this is
there's that argument and i realize that in many cases this is no doubt about it
but still it's like do we as a society really want to be that brutal
for alfredo dot four percent what background
stockpiles ras hyphenated for for yourself selves for these
slit myself host i didn't know it when constitution client with much love
constantly positive people judge former set
this is the time argument
doesn't judge party the district attorney classic sign for it but the
death penalty coast diego promises website session
but the judge welcome back i reason we had
go through that transition there
what my dad but i wanted to let you finish your thought
right but uh... you know if you if you look at the remote work hard you know
many of the people that work
primarily responsible for literally planning
uh... the holocaust and not just inches against homosexuals against dissident
against intellectuals
many of the never actually got their hands dirty they didn't connect the
executions but
they committed acts so we will so offensive bet
i think most of all artists people's certainly at that time
believe that it was right to execute if in fact you'd
a person says
and this is a bird my wife's like virtual chill say well i i really don't
like death penalty among comfortable with the part number of reasons
potential
create a case about like that guy in florida who on commodity lived up to the
young girl
tortured or *** her
and that are such but yelled back dot she deserves to die
mhm well if someone
like that takes repetition
what but that means it's they are in favor the death penalty there just
they're just highly discriminating about when they want to get its
right
ag at all that and then i i think what it also called malik comes down to his
the
the as you pointed out there
you know i'm going to change your mind you're not gonna change my mind it at
some of the point we have got different basic philosophical beliefs because
cracks is a different baseline is out of reform but i would be able to do correct
me if i'm wrong com
i could win
design anything
in terms of making sure that i mean in oregon ironed out spent twenty to one
bike indigent defense lawyers might try capital deck
right they needed to get you commit aggravated *** oregon you won't get
a lawyer that polina millionaire but otherwise sport but
you know
my guess is that you have
probably many of your listeners would still say now absolutely not i do
i don't want the state killing anybody and i don't want to be parties or yet
here is there and that would be the position and i were taken
and for a variety of reasons one i don't think it's a deterrent and an even if it
is i think that the jury effective so small that it's not worth the cost to
society to any brutalize is us as a society three i'm asking somebody else
to kill somebody on my behalf and and i'd i'm not willing to do that now i'm
not willing to pull the switch myself to you willing to pull the switch so that's
that's a different thing and i wish i would i be asked to but i think but but
i i have no doubt about what my moral
culpability is
sure client
scared but amateurs and four th or looking at punishment i think that
having somebody sits in a jail cell for twenty or thirty years
is a more severe punishment than saying okay
next week lights are out
well you just about the deficit is a twenty or thirty years because of the
most common argument against the pelvis
way way that we have an alternative that's life without parole her reality
however is that i have this debate so i i have the date of this subject
um... before the american bar association by the pure before the u_s_
senate three times i've been in etc of the european parliament that they had
and are usually and in fact uh... a very nice woman a medium strossen for many
years was the president of the a_c_l_u_ united states
we were debating on npr and i said okay let's assume for the moment
but i'm willing to give up the death penalty
will you agree as the head of the a_c_l_u_ that life without parole does
not violate the eighth amendment
uh... prohibition against cruel and unusual punishment
and she said i can't do that it was ever changing the old title highway robbery
that is not
i would agree that it is not violate satellites something outside this is one
of the straws our lines as anderson we do have to take missus clinton fail the
circumstances
i think all the time we'll see where society
plans on the sense that your perspective and i thank you for coming on churns
this thinking tonight you can read all about uh... is website coast ta da