Capital Punishment: Cruel and Unusual? (Information Plus - download pdf or read online

By Kim Masters Evans

ISBN-10: 1414407475

ISBN-13: 9781414407470

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Additional info for Capital Punishment: Cruel and Unusual? (Information Plus Reference Series)

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171, 1991). The trial court denied the motion to remove the statements from the record, finding that, based on the specified facts, the confessions were voluntary. Fulminante was convicted of Jeneane’s murder and subsequently sentenced to death. This means that Cobb’s right to counsel did not extend to crimes with which he had not been charged. Because this right did not prohibit investigators from questioning him about the murders without first notifying his lawyer, Cobb’s confession was admissible.

In a statement by Carrisalez before he died, he also identified Herrera. The speeding car belonged to Herrera’s girlfriend, and Herrera had the car keys in his pocket when he was arrested. Splatters of blood on the car and on Herrera’s clothes were the same type as Rucker’s. Strands of hair found in the car also belonged to Rucker. Finally, a handwritten letter, which strongly implied that he had killed Rucker, was found on Herrera when he was arrested. In 1992, ten years after the initial trial, Herrera appealed to the federal courts, alleging that he was innocent of the murders of Rucker and Carrisalez and that his execution would violate the Eighth and Fourteenth Amendments.

Speaking for the minority, Justice Blackmun wrote: We really are being asked to decide whether the Constitution forbids the execution of a person who has been validly convicted and sentenced but who, nonetheless, can prove his innocence with newly discovered evidence. Despite the State of Texas’ astonishing protestation to the contrary . . ’’ This proscription is not static but rather Supreme Court Rulings II 31 reflects evolving standards of decency. ’’ . . The protection of the Eighth Amendment does not end once a defendant has been validly convicted and sentenced.

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Capital Punishment: Cruel and Unusual? (Information Plus Reference Series) by Kim Masters Evans


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