Recent Blog Posts in December 2009 |
| December 07, 2009 |
| The Humanity of The Death Penalty |
| Posted By Richard Sudar |
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I previously have written about the costs and application of the death penalty. Today, an interesting and related story appeared in The Associated Press.
COLUMBUS, Ohio — A
condemned killer scheduled to become the first person in the U.S. put
to death with a single drug on Tuesday will ask a federal appeals court
to delay his execution.
The office of attorney Tim Sweeney said Monday that 51-year-old Kenneth Biros is requesting a delay from the 6th U.S. Circuit Court of Appeals in Cincinnati.
A
divided appeals court on Friday rejected a similar request by Biros,
but that involved Ohio's old, three-drug process. Biros has appealed
that decision to the U.S. Supreme Court.
A federal judge earlier Monday refused to delay Biros' execution based on the one-drug method.
So, what's the difference between a drug induced 3 drug execution and one involving only 1 injection? In reality, maybe nothing. The importance from a criminal defense perspective of this case in Ohio is that more and more courts, more and more jurisdictions, are grappling with the continuing constitutionality and practice of the death penalty. While trials such as the one involving Amanda Knox and the trevails of Tiger Woods grab national headlines, other cases and rulings have far greater long-term importance. The fact that the appeals court in Columbus, Ohio was "divided" is further indicative of the notion that the debate on this issue promises only to increase over time. As a highly regarded, hard-working criminal defense attorney in Southern California, it is incumbent on me to be both knowledgeable and at the fore-front of issues related to criminal defense. Cases and rulings across the country have implications for all defendants. It does not matter that Mr. Biros is in Ohio, defendants in Ventura, and Riverside, in Los Angeles, Orange County, and San Diego, expect that their attorney fully understands the process and the law, and will fight as hard as possible for them and their rights. This is our mantra at the Law Offices of Richard M. Sudar. If you, a friend, or loved one needs a top criminal defense attorney, you need the very best help and assistance right away. Your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112. You can also simply click here for immediate assistance.
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| December 04, 2009 |
| The Verdict is In |
| Posted By Richard Sudar |
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| More than a year after it all began, a jury in Perugia, Italy has convicted American student Amanda Knox of murder. In conjunction with the verdicts being read, both Ms. Knox and her boyfriend (co-defendant) Rafaelle Solecito were sentenced; Knox receiving 26 years in prison and Solecito 25. As a respected criminal defense attorney in Southern California, I have followed this trial closely to see what lessons could be learned and applied to the practice of law here, at home. It will be most interesting to see what, if anything, the members of the pair's jury says about the case and their deliberations. One of the things we as lawyers always try to do is get into the minds of jurors. When we are in court awaiting verdicts after our trials, speculation reaches an almost fevered pitch. It becomes an inclusive activity involving all members of the court staff and even the prosecutor. As I previously have written, the criminal justice system is very different abroad than it is here, in the United States. Here, in order to reach a verdict, 12 people must unanimously agree, beyond a reasonable doubt, that a defrendant commited one or more crimes. In Italy, a jury consisting of 10 people (two judges and eight civilians) decided the fate of Amanda Knox and Rafaelle Solecito. Also here, sentencing most often is "put over" or continued. That clearly is not the case in Italian courts. One other difference is that, in Italy, defendants usually remain free after a guilty verdict has been reached until all appeals have been exhausted. This process may take several years. That certainly is not true in our justice system. In Ms. Knox's case, she will remain in custody due to the extenuating and international circumstances involved. There is much more to this story that most certainly will emerge in the days, months, and years ahead. An appeal for both is certain. I will keep everyone posted as details emerge. For more information on this topic and all of your criminal defense needs, contact the Law Offices of Richard M. Sudar at (310) 277-4112. You can also click here for immediate assistance. |
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