Post by pebbles on May 1, 2007 7:22:30 GMT -5
ARBITRARINESS: Study Finds 6th Circuit Political Appointments Result In Partisan Death Penalty Rulings
A Cincinnati Enquirer examination of death penalty decisions issued by the U.S. Court of Appeals for the 6th Circuit revealed that judges appear to consistently vote along party lines, thereby injecting arbitrariness into death penalty rulings. The judges do most of their work as members of randomly selected three-judge panels. Sixteen judges are eligible to sit on those panels, including nine Republican appointees and seven Democratic appointees. This means life-and-death decisions often hinge on the luck of the draw. A panel with a liberal majority gives the inmate a far greater chance of avoiding execution than one with a conservative majority.
"It's a roll of the dice. When I look at a lineup of a panel in this kind of case, you can almost go to the bank on what the result is going to be," said Nathaniel Jones, a retired 6th Circuit judge appointed by President Carter. Arthur Hellman, a University of Pittsburgh law professor added, "It looks very much like a lottery. Literally, if someone lives or dies depends on the panel they get."
According to the Enquirer investigation, appointees of George H. W. Bush posted the most lopsided track record, voting 50-4 against granting inmates appeals. President George W. Bush's appointees voted 34-5 against granting appeals. By contrast, President Carter's appointees voted 31-4 in favor of inmate appeals. Clinton and Reagan appointees were slightly more moderate. Clinton's voted 75-32 in favor of inmate appeals, and Reagan's voted 39-13 against. Ten of the 16 judges who currently hear 6th Circuit death penalty appeals vote the same way at least 80% of the time. These sharp differences among the judges have led to differences and close panel votes that sometimes lead to tension on the court. The Enquirer reported that judges have traded verbal jabs in their published opinions and have occasionally accused colleagues of manipulating rules to give their side advantages.
"It is, at the end of the day, a political issue and a social issue. They can't separate their own pathos, their own political views. While justice is supposed to be blind, it's not," said Richard Chesley, an attorney who has argued capital cases before the 6th curcuit.
(The Enquirer, April 15, 2007). See Arbitrariness. The 6th Circuit considers death penalty appeal cases from Ohio, Kentucky, and Tennessee.
www.deathpenaltyinfo.org/article.php?did=2311&scid=64
A Cincinnati Enquirer examination of death penalty decisions issued by the U.S. Court of Appeals for the 6th Circuit revealed that judges appear to consistently vote along party lines, thereby injecting arbitrariness into death penalty rulings. The judges do most of their work as members of randomly selected three-judge panels. Sixteen judges are eligible to sit on those panels, including nine Republican appointees and seven Democratic appointees. This means life-and-death decisions often hinge on the luck of the draw. A panel with a liberal majority gives the inmate a far greater chance of avoiding execution than one with a conservative majority.
"It's a roll of the dice. When I look at a lineup of a panel in this kind of case, you can almost go to the bank on what the result is going to be," said Nathaniel Jones, a retired 6th Circuit judge appointed by President Carter. Arthur Hellman, a University of Pittsburgh law professor added, "It looks very much like a lottery. Literally, if someone lives or dies depends on the panel they get."
According to the Enquirer investigation, appointees of George H. W. Bush posted the most lopsided track record, voting 50-4 against granting inmates appeals. President George W. Bush's appointees voted 34-5 against granting appeals. By contrast, President Carter's appointees voted 31-4 in favor of inmate appeals. Clinton and Reagan appointees were slightly more moderate. Clinton's voted 75-32 in favor of inmate appeals, and Reagan's voted 39-13 against. Ten of the 16 judges who currently hear 6th Circuit death penalty appeals vote the same way at least 80% of the time. These sharp differences among the judges have led to differences and close panel votes that sometimes lead to tension on the court. The Enquirer reported that judges have traded verbal jabs in their published opinions and have occasionally accused colleagues of manipulating rules to give their side advantages.
"It is, at the end of the day, a political issue and a social issue. They can't separate their own pathos, their own political views. While justice is supposed to be blind, it's not," said Richard Chesley, an attorney who has argued capital cases before the 6th curcuit.
(The Enquirer, April 15, 2007). See Arbitrariness. The 6th Circuit considers death penalty appeal cases from Ohio, Kentucky, and Tennessee.
www.deathpenaltyinfo.org/article.php?did=2311&scid=64