My bad, they didn't create enough reasonable doubt. *sighs*

In theory the defense doesn't have to prove anything but in reality they have to do just that. I imagine there are some death penalty cases where the defendant is in the position to have to prove his innocence. It is more common in sexual assault cases though. The court has to take the innocent until proven guilty stance but you can bet many jurors come in assuming guilt and the defense has to prove otherwise to them.

Possibly jo, but in many cases the defendant never takes the stand, and the defense merely calls witnesses to take apart the state's case. Expert witnesses, witnesses who contradict other people's testimony, etc.

I agree with you that sometimes, because of local prejudices or presumption of guilt on the part of the jury, the defense has to set out proofs, but I really think this is the minority of cases.

Before Court TV, and when I lived in NYC, I used to go to trials at the criminal courts building just for fun. I saw one case where the defense called no witnesses at all, rested his case, and simply argued to the jury that the state's case was weak and unproven. The jury bought it and the guy was aquitted.

Wardtom08 wrote:

Quote:

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I also think that the "intent" of the crime should be the crime.

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One of my professors taught us..DRILLED into us that "intent" is very difficult to understand aside from proving... The biggest mistake first year law students and many graduates make is underestimating the power of intent. For many attornies, this can take a life long career to learn.

Well on the "intent" I don't, in most cases, see what the problem is. A guy shoots you three times...gosh , Wonder what he was trying to do?

You walk into a store with a gun and want to ,,, trade it in on some candy? No problem on this!

Here we go again...

*www.cnn.com/2007/LAW/05/25/ohio.execution.ap/index.html

I waffle about the death penalty. Is it revenge, punishment, rehabilitation (no), a deterant, surcease for the family's of the victims?

Our county prosecutor (re-elected time after time, for 30 years) died two nights ago. He asked these questions (as well as questions of proof) of the victims' families before he allowed Gary Ridgeway, the Green River killer, to plea-bargain Ridgeway got life without the possibilty of parole.

However, to get on.

Carbon monoxide poisoning isn't really 'environmentally safe' since it could also kill the people witnessing the executtion, the prisen guards, etc.

Besides, it's 'cruel and unusual" punishment because it leads to a slow death through asphyxiation.

Of course, it might work if the subject is too fat--or has too many depressed veins--

Hanging, on the other hand, can also lead to problems. A grossly obese death-row criminal was hanged--and lost his head in the process. Maybe that was the best way for hin to go--quickly--instead of a hanging that didn't snap his neck.

How are we to know?

Ward, cruelty implies evil and malicious intent to harm, unnecessary violence or infliction of pain.

In the case your example cites, the situation is difficult. The man weighed 265 pounds and had so much flesh it was dificult for the jail personnel to find a vein into which the needle could be injected. In the other Ohio case, the prisoner was a long time intravenous drug user whose veins had basically collapsed.

I've seen this happen many times, when the medic tries to find a good vein to use for withdrawing blood or administering intravenous injection.

So what should we do with these people? Tell them their veins are unsuitable for injection so they're going to be electrocuted?

To me the idea that lethal injection should be done away with because it is cruel is nonsense. It's the least cruel of any previous method. That a mistake is sometimes made speaks to human frailty, but is not a reason to ban lethal injections.

As long as it is legal in America to execute people, which I personally find barbaric but sometimes necessary, then lethal injection remains my preferred choice.

As Deifan said last night in a chat "What botched execution? He's dead, isn't he?"