PASSAGE OF THE DAY: "One especially disturbing aspect of this problem is when condemned convicts are executed while they are seeking retrials. The Justice Ministry once tended to avoid such a scenario, but it has carried out death penalties of several convicts seeking retrial since 2017, including one execution last year and two in 2021. The ministry says there is no legal basis to suspend executions because of a motion for a new trial. It also said it has no choice but to carry out executions in cases where retrial requests are certain to be rejected. But Hakamada’s repeated requests for a retrial were turned down. Capital punishment is final. Executed convicts are forever denied an opportunity to be tried afresh. Decisions on executions can undermine the constitutional right to “a speedy and public trial by an impartial tribunal,” the guarantee that no criminal penalty shall be imposed except according to “procedure established by law,” and the principle of respecting all people as individuals. There is no way to undo an execution even if the inmate later turns out to have been falsely convicted."
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EDITORIAL: "Hakamada case underscores folly of maintaining death penalty," published by The Asahi Shinbun, on March 14, 2023;
(Portion of the editorial under the sub-heading 'Death penalty is irreversible' - the entire editorial can be read at the link below): "
"The Shizuoka District Court in 2014 decided to grant Hakamada a new trial and ordered his release after nearly 48 years behind bars.
Hakamada is unable to carry out normal conversations due to the mental illnesses he developed while on death row.
His mental state is graphic evidence of the ordeal he suffered during his many years of fearing execution for a crime he said he never committed.
Can anyone safely say there have been no false convictions among the more than 100 death row inmates in Japan?
One especially disturbing aspect of this problem is when condemned convicts are executed while they are seeking retrials.
The Justice Ministry once tended to avoid such a scenario, but it has carried out death penalties of several convicts seeking retrial since 2017, including one execution last year and two in 2021.
The ministry says there is no legal basis to suspend executions because of a motion for a new trial. It also said it has no choice but to carry out executions in cases where retrial requests are certain to be rejected.
But Hakamada’s repeated requests for a retrial were turned down.
Capital punishment is final. Executed convicts are forever denied an opportunity to be tried afresh.
Decisions on executions can undermine the constitutional right to “a speedy and public trial by an impartial tribunal,” the guarantee that no criminal penalty shall be imposed except according to “procedure established by law,” and the principle of respecting all people as individuals.
There is no way to undo an execution even if the inmate later turns out to have been falsely convicted.
As with other forms of criminal punishment, a death sentence under the lay judge system is handed down when five or more of the nine judges involved, including at least one of the professional judges, support the decision.
The system does not require unanimous consensus among the judges.
The case of Hakamada, who was likely wrongfully sentenced to death, underscores how capital punishment is incompatible with the values and principles of a society that respects people’s lives and dignity.
The Diet and the government should face up to this problem and start debate for abolishing capital punishment."
The entire editorial can be read at:
https://www.asahi.com/ajw/articles/14860419
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”
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