FEATURED POST

'Express lane to death': Texas seeks approval to speed up death penalty appeals, execute more quickly

Image
Texas is seeking to speed up executions with a renewed request to opt-in to a federal law that would shorten the legal process and limit appeals options for death-sentenced prisoners.
Defense attorneys worry it would lead to the execution of innocent people and - if it's applied retroactively, as Texas is requesting - it could potentially end ongoing appeals for a number of death row prisoners and make them eligible for execution dates.
"Opt-in would speed up the death penalty treadmill exponentially," said Kathryn Kase, an longtime defense attorney and former executive director of Texas Defender Services.
But a state attorney general spokeswoman framed the request to the Justice Department as a necessary way to avoid "stressful delays" and cut down on the "excessive costs" of lengthy federal court proceedings.
Robbie Kaplan, co-founder of the #TimesUp movement, says sweeping changes to laws in recent years have dissuaded attorneys from taking on har…

Singapore: Heroin trafficker escapes the gallows

Singapore's Changi Prison
Singapore's Changi Prison
He gets life term after arguing drug addiction, mental illness impaired 'mental responsibility'

A 30-year-old heroin trafficker, who failed to escape the death sentence in three previous attempts, yesterday succeeded in getting the High Court to sentence him to life imprisonment instead.

Justice Choo Han Teck accepted the defence's argument that Jeffery Phua Han Chuan's ketamine addiction, coupled with a persistent depressive disorder, impaired his mental responsibility when he smuggled more than 100g of heroin into Singapore at Woodlands Checkpoint.

Phua was convicted in September 2011 by the same judge and given the death penalty, which was then mandatory for those convicted of importing more than 15g of heroin. His appeal against the conviction was dismissed in July 2012.

After exhausting the avenues of appeal, Phua filed two criminal motions in a bid to get his convictions overturned. His applications were dismissed in March 2014 and September last year.

In 2013, law amendments kicked in, giving judges the discretion to sentence drug couriers to life imprisonment instead of death, if certain conditions are met.

This gave death row inmates like Phua a chance to be re-sentenced.

Phua, represented by Mr Michael Chia, applied to be re-sentenced on the basis that he suffered an abnormality of mind that impaired his mental responsibility for his acts.

The prosecution accepted that Phua was a courier but disagreed that he had diminished responsibility. A hearing was held to hear psychiatric opinions from both sides.

Dr Munidasa Winslow, for the defence, and Dr Kenneth Koh, for the prosecution, both agreed that Phua had a persistent depressive disorder and ketamine addiction.

Dr Winslow said this "substantially impaired his judgment, impulse control and decision-making in agreeing to be a courier, without seriously thinking through the possible consequences of his actions".

Dr Koh disagreed. He said Phua was able to plan and perform complex, organised actions in committing the offence. Phua also agreed to import the drugs 2 weeks before the actual offence, so his decision to go ahead cannot be said to have been made on impulse, he added.

But Justice Choo said, given that Phua was a chronic ketamine abuser, his decision-making ability and impulse control would be impaired during the 2-week period. He concluded that Phua's mental illness and ketamine addiction did impair his mental responsibility for the act.

He said: "I am satisfied, from the facts and medical evidence... that the applicant was probably incapable of resisting any internal rationality that might have dissuaded him from committing the offence."

Source: straitstimes.com, April 22, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most Viewed (Last 7 Days)

Iran: Execution Of A Sports Coach In Hamadan

20 Minutes to Death: Record of the Last Execution in France

Alabama executes Walter Moody

Warden Describes Life on Texas Death Row in Delacruz Testimony

Alabama set to execute 83-year-old for pipe bomb murders

California death row inmate to be freed; no retrial planned

Aging death row: Is executing old or infirm inmates cruel?

Jeff Sessions: It's OK with feds if Alabama executes judge's killer

Iran: Juvenile Offender Mohammad Reza Haddadi at Imminent Risk of Execution

A 10-Minute Trial, a Death Sentence: Iraqi Justice for ISIS Suspects