FEATURED POST

Capital Punishment in the United States Explained

Image
In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines - like bail, civil asset forfeiture, or the Brady doctrine - so that everyone can understand them. Wherever possible, we try to utilize the stories of those affected by the criminal justice system to show how these laws and principles should work, and how they often fail. We will update our Explainers monthly to keep them current. Read our updated explainer here.
To beat the clock on the expiration of its lethal injection drug supply, this past April, Arkansas tried to execute 8 men over 1 days. The stories told in frantic legal filings and clemency petitions revealed a deeply disturbing picture. Ledell Lee may have had an intellectual disability that rendered him constitutionally ineligible for the death penalty, but he had a spate of bad lawyers who failed to timely present evidence of this claim -…

Man convicted of killing 2 in Osaka has death sentence reduced to life in prison

Gallows trap door, Tokyo Detention Center
Gallows trap door, Tokyo Detention Center
The Osaka High Court commuted a death sentence for a man convicted of indiscriminately murdering a man and a woman here in 2012 to a life prison term in a ruling on March 9.

"Considering that the crime was not carefully premeditated, it cannot be said the death penalty is unavoidable," Presiding Judge Hiroyuki Nakagawa said, while recognizing that the accused was mentally competent to be held responsible for his actions.

The Osaka District Court had sentenced the defendant -- Kyozo Isohi, 41 -- to death in a lay judge trial, as demanded by prosecutors.

The defense counsel, which had appealed the lower court ruling to the high court, told the court that their client heard a voice saying "Stab" due to auditory hallucinations caused by the aftereffects of his use of stimulants in the past, and pointed to the possibility that he was of diminished capacity.

Therefore, the degree of his capacity to take responsibility for his actions and sentencing were key points of contention in the case.

In its ruling, the high court deemed that the outcome of a psychiatric test on Isohi, which concluded that the effects of his auditory hallucination were limited, was rational, and recognized that he was competent to be held responsible for the crimes he is accused of committing.

"His auditory hallucinations only contributed to the defendant's decision and action to carry out the crimes," the presiding judge said.

Nakagawa then discussed whether the death sentence handed down by the lower court was appropriate.

Pointing out that Isohi bought a knife he used in his attacks shortly before the incidents, the presiding judge determined "it cannot be recognized that the accused had carefully premeditated the crimes."

Nakagawa noted that in all the past cases of fatal indiscriminate attacks in which the defendants were sentenced to death, courts recognized that the crimes were carefully premeditated. The judge then pointed out that because of this it is difficult to hand down a ruling that deviates from the judicial precedent.

Furthermore, Nakagawa said it was necessary to take into account the defendant's auditory hallucinations, which he said may have had certain effects on his actions, in sentencing.

The presiding judge then concluded that he has "no choice but to hesitate to choose the death penalty for the defendant even though the bereaved families of the victims requested a harsh penalty for the accused."

According to the ruling, Isohi stabbed Shingo Minamino, 42, a producer at an event organizing company, and Toshi Sasaki, 66, a restaurant operator, on a street in the Higashishinsaibashi district of Chuo Ward, Osaka, on June 10, 2012.

Source: mainichi.jp, March 9, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most Viewed (Last 30 Days)

Harris County leads Texas in life without parole sentences as death penalty recedes

Idaho County commissioners take stand against death penalty

Texas: Reginald Blanton executed

30-year-old Chinese inmate bids farewell to daughter, wife and mother before execution

USA: Executions, Death Sentences Up Slightly in 2017

Indonesian death penalty laws to be softened to allow reformed prisoners to avoid execution

Death penalty cases of 2017 featured botched executions, claims of innocence, 'flawed' evidence

Virginia Governor commutes death sentence of killer found mentally incompetent to be executed

Texas man with scheduled execution uses letters from fellow death row inmates to argue for reprieve

New book features Kansas man who executed Nazi war criminals