Troy Davis was executed last night.
I can’t explain the details surrounding his case better than Jeff Gamso has; I can’t argue with Mark Osler’s article on cnn.com explaining why we should err on the side of not murdering someone. It almost seems like there is nothing left to say… but I can’t sit now and say nothing.
http://mdcourts.gov/opinions/coa/2011/24a08.pdf
This is a pretty straightforward issue involving a defendant who did not trust his lawyer and thought he could do a better job.
ELROY MATTHEWS, JR.
v.
STATE OF MARYLAND
http://mdcourts.gov/opinions/cosa/2011/2801s09.pdf
Another opinion by the Court of Special Appeals, another opinion by Judge Moylan — this time focusing on what constitutes an “illegal sentence.“
Read more »
Sentencing is hard.
I know, it’s an incredibly difficult line to toe; trying to balance public safety, public opinion, victims’ expectations, deterrence, rehabilitation and equity. How much deference is due to any of those factors? When politicians decide to get involved in the sentencing, it muddies up the already murky pool.
There are some things, even among hard decisions, that should be no-brainers. If I were to ask you whether a convicted criminal should get 5 or 15 years in prison, it’s not always an easy decision to make. If I were to ask you if the leader of a violent drug gang should receive a lighter or harsher sentence than a young woman who placed a 13-yr old boy’s hand on her “brasier-covered breast,” as Scott Greenfield put it, that’s not such a hard decision.
One would think.
Yes, there is legislation that is in play. And yes, these are different states. But this type of arbitrary disparity occurs day in and day out.
I’m not offering any solutions. I’m just pointing out how broken it is.
