An Alabama prosecutor has announced that the state will seek the death penalty for Joyce Garrard, 46, who is accused of killing 9-year-old Savannah Hardin by making the child run for hours as punishment for eating candy. The charge raises the question of the evolution of the standard set by the Supreme Court
In Walton v. Arizona, 497 U.S. 639 (1990), the Supreme Court upheld Arizona laws allowing a death sentence based on the finding of an aggravating factor that the murder was “especially heinous, cruel, or depraved.” The ruling set aside prior rulings finding such terms to be unconstitutionally vague and raised concerns that we were returning to a broader use of capital punishment for more conventional murders (since most would fit this language).
In this case, Calhoun County District Attorney Jimmie Harp stated “The grand jury thought that Joyce Garrard had the intent or should have known that if you run a child to the point in time where it gets to the point that the body shuts down and can’t support life anymore, that you could infer that intent was there.”
This case has certainly appalled most of us with the death of this child. However, it is now unclear how much more heinous a murder must be to constitutionally justify the death penalty. “Should have known” how a body shuts down is a far distance from the standard assumed after Furman v. Georgia, 408 U.S. 238 (1972). This would appear to sweep criminal recklessness into the category of death penalty offenses. There is no evidence that I have read suggesting that this grandmother wanted to kill the child.
It is often difficult to separate our anger from our analysis in such cases. However, it is unclear if there remains a significant remaining difference between murder cases certified as “death qualified” and those that are not. That raises the very question of consistency that led to the Court’s historical ruling in Furman.
What do you think?
Source: CNN
John & Frankly,
The death penalty argument has gone on for hundreds of years with no solution in sight. If we continue to look for moral justification regarding either side of this issue, we are bound to a debate that will last indefinitely. Although many people support capital punishment in certain cases, they are often diametrically opposed to premeditated murder, whether it is perpetrated by an individual or by the State. This is the dilemma that fuels the endless debate since there are compelling arguments supporting both views.
I believe that we have been asking the wrong question. The question is not whether we should have the death penalty or not, but how can we carry out the death sentence without actually killing the convicted. And how can we do this in a manner that does not violate the US Constitution, religious teachings, and our own standards of morality, while providing closure for the loved ones of the victim that is missing in “life without parole” sentence.
The answer to the question is a multi-faceted system that satisfies the requirements of both sides of the debate. The “system” will require new laws, facilities of a type unknown at this time (but using current technologies), and an understanding that depriving someone of “life” does not have to include physical death. The System is doable now and would not be in violation of any moral, ethical, or Constitutional position while providing strong support to those seeking the equivalency of death. And in the event that the question of guilt arises in the future, the convicted would be found alive and well instead of dead.
You’ll never get the right answer until you ask the right question.
IS THE LAWYER A SURROGATE FOR SAINTS OR GODS???
Being after 4 PM ET then not many will be reading here.
But to get it off my instant post list, I will offer this.
Does one have to be god or equivalent to become a lawyer or does the education/qualification lead to such an attitude?
Let us compare with the doctor’s situation.
Daily, he in family practice faces deciding if it a birthmark or early melanomic cancer. It forces him to assume a life and death responsibility. visavis the patient. You either handle it, start taking drugs/drink or you get out.
The attorney defending a defendant facing a murder indictment has in some eyes a lesser responsibility.
The doctor’s education is said to promote the godlike position, thus helping him handle it—but sometimes disabling other human qualities.
How is it with lawyers?
Tragic story.
Mike S,
Haven’t thought about ist that I wrote was in fact an inspiration of the moment.
A good point as to hopping off for other career options in general.
To what degree does a former (justice) position lead to political, judicial, or corporate influence as a contractor, employee or politician? See later reflection below.
The swinging door phenomenon between the Justice Corps and other careers would be excluded. And the post- or alternative career value is best evaluated by more experienced heads than mine.
A question back to you:
Do we have notable cases of justice people becoming politicians?
(of course we do, stupid question!)
The post military vs MIC is rife with this problem of post-mil influence.
But law vs exec and legislative. We know many in Congress are former lawyers. And half the exec branch too. And then we have Obama.
Shall we instead make it a branch of the Jesuits, with only that service allowed.
Only the power (ie influence kick) would remain as motivation.
Thanks for the well-hidden lesson for today. Smile.
Answering your own lessons are least painful, and more palatable to swallow.
I at least openly show my dumbness to others enlightenment and ev. education. That’s something at least.
Nal
1, March 16, 2012 at 8:28 am
The Alabama prosecutor is either over-charging to obtain a plea, or is pandering for political reasons.
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Agree
“When a man hangs from a tree it doesn’t spell justice unless he helped write the law that hanged him.” — E. B. White
The evidence reported in the press clearly indicates an intent to harm and almost certainly meets the criteria of felony child abuse in Alabama. Capital murder in Alabama is death while committing another felony or action resulting in the death of a person under age 14. Grandma meets two of the state’s capital murder definitions rather than just one. The state of Florida and Alabama have released public records on this child and the adults fighting over her. The records portray the father in a very unflattering light with disturbing patterns of behavior. It is his mother that is charged with capital murder. A trial will bring evidence that none of us will enjoy hearing and while I am against capital punishment in all cases, the small amount of evidence available thus far is deeply disturbing. Everyone failed this child including the family courts.
An example is Leif G. W. Person. Google and see if there’s english info.
In fact I would suggest a new model for the judicial and prosecutorial corps, as I call them in their new form of service.
Do like the military. Create a professional career path, which at first requires the readiness to practice anywhere needed. No permanent bases.
Annual review including your being informed and with review being available.
Promotions based on speciallzation, and perfomance comparison kby a bureaucratic institution.
Personality and socialization are not excluded, not of course the relationship with your superior, but are a part of the characteristics evaluated and desired, from job to job
I could elaborate, but you get my idea. Is local adaptation to the populace’s expectations to be ranked more important than the impartiality of our blindfolded justice with scales in her hand?
I think not.
Here in Sweden, justices and prosecutors are practically anonymous, except when they screw up. But even repeated faillure of headline character does not end, unfortunately, some careers, or at least cause transfer to other less craving assignment.
And then we have professors who write books, are regularly on tv shows, and are generally a star in the public eyes. I think you have a similar situaltion there. ????
They at least can serve very well as educators and a touch with reality of non sensational character (although the case may be) for the general public.
“Do like the military. Create a professional career path, which at first requires the readiness to practice anywhere needed. No permanent bases.
Annual review including your being informed and with review being available.
Promotions based on speciallzation, and perfomance comparison by a bureaucratic institution.”
ID707,
This is a good idea with many possibilities. I assume you mean that this does not become a career path towards political office.
“Why do I keep getting the sense that 17th century Salem, MA is alive and well in the South?”
Art A Layman,
Because you are well grounded in reality.
I’m with Nal and Gene on this. The prosecutor is forcing a plea bargain, while he is pandering to his constituency, who want blood and revenge. The crime was horrific, but Mom and Grandma are simply dumb, sadistic people, who lacked the ability to foresee possible consequences. This is clearly not a case that by any reasonable standards calls for the death penalty.
Murder doesn’t make it better, etc as for the consequences.
Some people should not have children, but currently we have no way of knowing or controlling, unless we start compulsory sterilisation on exam basis.
Of course the child’s body should have failed in a self preserving collapse.
Did the grandmother torture her to continue? Even if this can be proved, the reserve grounds for accusing her based on saying she should have known, is also a dubious alternative. People don’t know shit about child raising. Do we provide courses? Education in grammar school? No and no.
It is also useless as a deterrent, which has been shown to be so in murder cases.
So opening the door to these grounds, which the SCt allowed, is still something to be opposed, as JT suggests (?).
So the associations motivewise for the states action and its coupling to politics, yes, but why do we elect these judges and officials.
Let them be selected on a blind identity basis by a national panel.
No political elections or political appointments.
PS liked this which JT wrote:
“It is often difficult to separate our anger from our analysis in such cases.”
nal,
I think you are right on track….
Nal,
Over charging to force a plea and political pandering are not mutually exclusive actions. 😉
Did anybody here see the original story? The little girl’s dad was deployed overseas. He was given compassionate leave to attend his daughter’s funeral. One minute, he had a family. The next, his daughter was dead, and his wife and mother were in prison.
He’s the one MY heart goes out to, as well as to the little girl.
While Gramma might not deserve the death penalty, I wouldn’t mind seeing her rot in prison for a long, long time.
The Alabama prosecutor is either over-charging to obtain a plea, or is pandering for political reasons.
I am going to keep killing people until you people learn that killing is WRONG DAMMIT!
Actually I understand the death penalty and can even imagine a few cases where it does seem like the best of a lot of crappy options (Ted Bundy, Chuckie Manson). The problem is its misuse & abuse swamps any practical value it ever had.
Death!?? TOO easy…
This is a very sad state of affairs…..
William,
The state is a serial killer in many instances……
Why do I keep getting the sense that 17th century Salem, MA is alive and well in the South?
“Should have known” sounds more like a civil action. Is death penalty for torts next? The state is starting to look like a serial killer, progressively looking for an excuse to kill.