GeorgeWallace

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Wednesday, October 24, 2012

Update: Florida's execution of John Ferguson foiled

Posted on 11:03 AM by Unknown
John Errol Ferguson was set to be murdered by the State of Florida last night.

The State of Florida said he was perfectly competent enough to strap him down and pump his veins full of lethal chemicals. The trial judge said he was sane. The appellate court said he was sane. The state supreme court said he was sane.

But then the 11th Circuit Court of Appeals said he wasn't.

Mr. Ferguson suffers from paranoid schizophrenia. He believes he is the prince of god. He believes he has been prepared by god to save the United States from communism.

He is also a murderer. He killed eight people in Florida in 1977 and two more in 1978.

Our courts have struggled over the years to justify the power of the state to kill for the sake of killing. Our courts have decided that it isn't right for the state to kill someone if that person doesn't understand why the state wants them dead - or if that person doesn't even understand that the state wants to kill him.

After all, what fun would it be to kill someone if the act didn't cause mental anguish to that person? Is revenge not as sweet when the target doesn't realize what's happening?

If it's not okay for the state to murder an inmate because that inmate either doesn't realize he is being murdered or doesn't understand why he's being murdered, how is it any more right for the state to murder an inmate who is perfectly competent?

I would love to have someone explain to me the difference between killing a sane person and killing an insane person. In my mind it's either perfectly acceptable to do it in both cases - or it's unacceptable in either.

By now y'all should know which side of the fence I fall on. The power of the state to take the life of a person is the most invasive power the government has. The very notion is anathema to democracy and limited government.

I understand what's going on here. The game plan for death penalty opponents is to chip away at the legality of the death penalty by creating a patchwork of exceptions. At some point there will be so many exceptions that the death penalty will be defeated. For a historical example just look at how the Fourth Amendment has been completely eviscerated by a thousand exceptions. At some point the foundation cracks and the framework comes crashing down.

But it doesn't have to go down this way. The only crime for which the death penalty is prescribed in the Constitution is treason. The Nine in Robes could decide that having a patchwork of laws across the country detailing who can be killed for what - as well as having different laws across the country regarding who can order death and how we conduct jury selection in death penalty cases - violates the Equal Protection Clause of the 14th Amendment.

If the crimes for which one can be sentenced to death are arbitrary and the method by which the state chooses who is to die is arbitrary, then, it follows, the death penalty, itself, is arbitrary (which is why it was declared unconstitutional in the first place).

In the end I don't think it matters whether Mr. Ferguson is or isn't competent. The question is when are we going to stop allowing the government to decide who lives and who dies?
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in capital punishment, death penalty, execution | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • Book review - The Fall of the House of Dixie
    The War Between the States. The War of Northern Aggression. The Civil War. No matter how you slice it, no matter what you call it, one thing...
  • School district climbs in bed with oil industry
    What a surprise to find, on my way back from lunch, that HISD's new Energy Institute High School is practically just around the corner ...
  • False equation
    In his latest shot at the defense bar, Grits for Breakfast seems to be making the argument that everyone should ignore the defense bar's...
  • How many innocent men must die?
    You know it's happened. We all know it's happened. We all try to pretend that there is no way it could happen. But that's just a...
  • History doesn't have to repeat itself to create a farce
    farce     [ fahrs ]   noun,   verb,   farced,   farc·ing. noun 1. a   light,   humorous   play   in   which   the   plot   depends   upon   ...
  • Book review: The Impeachment of Abraham Lincoln
    Ever play "what if?" Sure you have. What if the referee had ruled that Mike Renfro caught that ball in the end zone against the St...
  • Summer forecast - rolling blackouts?
    And once again it's time for our annual look at why our reverence with the concepts of free markets is misguided. Back when Texas deregu...
  • On being held up at the bank
    Update: I suppose I should first apologize for blaming this mess on Bank of America since, as I realized on my drive to court this morning, ...
  • Correct me if I'm wrong
    As I drove back in the rain from South Texas the other day I was listening to Talk of the Nation  on NPR. If you haven't tuned in, it...
  • Now for something completely different...
    What you are about to see (H/T NPR) is three years of the sun's life compressed into three minutes. NASA took two pictures a day of the ...

Categories

  • 14th Amendment (1)
  • 1st Amendment (11)
  • 2nd Amendment (2)
  • 4th Amendment (35)
  • 5th Amendment (1)
  • 6th Amendment (1)
  • 8th Amendment (5)
  • abortion (1)
  • addiction (3)
  • airlines (1)
  • alcohol concentration (8)
  • Andy Griffith (1)
  • Annise Parker (3)
  • Anthony Graves (1)
  • Anthony Kennedy (1)
  • Antonin Scalia (1)
  • Arizona (1)
  • asset forfeiture (1)
  • Austin Police Department (2)
  • automobile racing (1)
  • barbecue (1)
  • baseball (23)
  • basketball (2)
  • Bill Clinton (1)
  • Bill of Rights (4)
  • blogs (1)
  • blood test (6)
  • bombing (1)
  • bonds (1)
  • Brad Hart (1)
  • Bradley Manning (7)
  • Brady v. Maryland (3)
  • breath test (6)
  • Brett Ligon (1)
  • California (1)
  • Cameron County (1)
  • Cameron Willingham (1)
  • capital punishment (77)
  • Chicago (1)
  • Chile (1)
  • Chris Kyle (1)
  • Christoper Dupuy (9)
  • CIA (2)
  • civil liberties (3)
  • civil rights (1)
  • Civil War (1)
  • Clarence Thomas (1)
  • coercion (1)
  • college football (5)
  • Conroe (1)
  • controlled substance (1)
  • corruption (1)
  • court appointments (2)
  • court martial (1)
  • Court of Criminal Appeals (1)
  • courts (1)
  • crime and punishment (10)
  • crime labs (3)
  • criminal justice (43)
  • criminal procedure (6)
  • cycling (1)
  • Darrell Royal (1)
  • David Dewhurst (1)
  • DEA (1)
  • deadly weapon (1)
  • death penalty (78)
  • Declaration of Independence (4)
  • democracy (6)
  • developers (1)
  • discovery (8)
  • discrimination (1)
  • dissent (3)
  • DIVERT (2)
  • DNA (1)
  • domestic assault (1)
  • domestic surveillance (5)
  • driverless cars (1)
  • drones (2)
  • drought (1)
  • drug laws (3)
  • drug possession (3)
  • drugs (5)
  • drunk driving (26)
  • due process (10)
  • DWI (29)
  • economics (32)
  • education (7)
  • Egypt (2)
  • election (7)
  • Elizabeth Coker (1)
  • England (1)
  • entrapment (2)
  • environment (3)
  • equal protection (3)
  • Eric Holder (2)
  • espionage (2)
  • ethics (27)
  • European Union (1)
  • evidence (1)
  • execution (77)
  • exoneration (3)
  • expert testimony (1)
  • Facebook (1)
  • false confessions (1)
  • Fayette County (1)
  • FBI (3)
  • federal budget (1)
  • federal crimes (4)
  • federal judges (1)
  • federalism (1)
  • field sobriety tests (1)
  • First Amendment (1)
  • FISA (1)
  • football (1)
  • forensics (4)
  • France (1)
  • fraud (1)
  • freedom of expression (5)
  • Galveston County (11)
  • George Bush (1)
  • George McGovern (1)
  • George W. Bush (8)
  • George Zimmerman (1)
  • Gideon v. Wainwright (2)
  • Google (1)
  • Gov. Rick Perry (6)
  • Greece (2)
  • Greg Gladden (1)
  • Guantanamo (4)
  • Guatemala (1)
  • handguns (6)
  • Harris County (10)
  • Harris County courts (17)
  • Harris County DA's Office (15)
  • Harris County Democratic Party (1)
  • Harris County Jail (1)
  • Harris County Sheriff's Office (3)
  • HCCLA (3)
  • healthcare (2)
  • HISD (1)
  • history (2)
  • homeland security (1)
  • homeless (1)
  • Houston (7)
  • Houston municipal courts (3)
  • Houston Museum of Natural Science (1)
  • Houston Police Department (8)
  • HPD (1)
  • human rights (12)
  • humor (1)
  • ignition interlock (1)
  • immigration (3)
  • incentives (1)
  • indigent defense (6)
  • innocence (1)
  • internet (1)
  • intoxication manslaughter (1)
  • intoxilyzer (4)
  • Iran (2)
  • Iraq (1)
  • Italy (1)
  • Jackson County (1)
  • Japan (1)
  • jazz (1)
  • Jerry Sandusky (1)
  • John Boehner (2)
  • John Bradley (1)
  • John Kiriakou (1)
  • John Lewis (1)
  • journalism (1)
  • Judge Bill Harmon (1)
  • Judge David Hittner (1)
  • Judge John Phillips (1)
  • Judge Kelly Case (1)
  • Judge Kevin Fine (1)
  • Judge Mike Fields (2)
  • Judge Reece Rondon (1)
  • Judge Susan Criss (1)
  • Julian Assange (2)
  • junk science (6)
  • jurors (2)
  • jury (1)
  • Justice of the Peace (2)
  • juvenile law (1)
  • juveniles (6)
  • Ken Anderson (1)
  • KPFT (1)
  • labor (3)
  • Lance Armstrong (2)
  • Larry Swearingen (1)
  • Latin America (1)
  • law school (2)
  • Liberty County (1)
  • limited government (1)
  • Lloyd Oliver (3)
  • logic (1)
  • Longhorns (4)
  • Lynne Stewart (1)
  • Mack Brown (1)
  • Mali (1)
  • Manny Diaz (1)
  • marijuana (3)
  • marketing (2)
  • Martin Luther King (2)
  • mathematics (2)
  • medicine (1)
  • mental illness (6)
  • Mesquite (1)
  • METRO (2)
  • Mexico (1)
  • Michael Morton (2)
  • Middle East (3)
  • Mike Anderson (7)
  • military coup (1)
  • Mitt Romney (3)
  • Montgomery County (2)
  • Montgomery County DA's Office (2)
  • municipal court (1)
  • murder (5)
  • NASCAR (3)
  • National Lawyers Guild (1)
  • NATO (1)
  • NCAA (1)
  • New York (1)
  • Newt Gingrich (1)
  • NHTSA (2)
  • No Refusal Weekend (2)
  • Nobel Prize (1)
  • NSA (2)
  • official oppression (1)
  • oil (3)
  • Olympics (1)
  • parking (1)
  • Pat Lykos (4)
  • Patriot Act (1)
  • Pearland (1)
  • Penn State (1)
  • pentobarbital (1)
  • personal bonds (1)
  • philosophy (2)
  • Pine Shadows (1)
  • poker (1)
  • police brutality (4)
  • police tactics (3)
  • politics (50)
  • Polk County (1)
  • President Obama (25)
  • presumption of innocence (2)
  • pretrial diversion (2)
  • prison (4)
  • privacy (14)
  • prosecutorial misconduct (2)
  • psychiatry (1)
  • psychology (1)
  • public defender's office (1)
  • punishment (2)
  • Pussy Riot (1)
  • R. Allen Stanford (1)
  • racism (4)
  • rape (1)
  • religion (7)
  • revenge (1)
  • Roger Clemens (1)
  • rule of law (1)
  • running (3)
  • Russia (1)
  • same-sex marriage (2)
  • schools (2)
  • science (6)
  • scientific evidence (1)
  • search warrant (8)
  • sentencing (5)
  • Sharon Keller (1)
  • smuggling (1)
  • soccer (3)
  • social media (4)
  • social security (1)
  • South Africa (2)
  • Spring Branch (1)
  • surcharges (1)
  • Syria (2)
  • taser (2)
  • technology (1)
  • television (1)
  • Texas (4)
  • Texas Constitution (3)
  • Texas DPS (5)
  • Texas Supreme Court (2)
  • Thane Rosenbaum (1)
  • The Gambia (1)
  • torture (9)
  • Tour de France (2)
  • traffic (1)
  • traffic court (3)
  • Trayvon Martin (1)
  • trial preparation (2)
  • trial tactics (10)
  • Troy Anthony Davis (1)
  • TSA (3)
  • Twitter (1)
  • University of Texas (2)
  • US Constitution (7)
  • US Supreme Court (6)
  • Victoria County (1)
  • Vietnam (1)
  • violence (1)
  • Visa (1)
  • voir dire (3)
  • voting (3)
  • war (7)
  • war crimes (6)
  • war on terrorism (24)
  • Washington (1)
  • Wells Fargo (2)
  • white collar crime (1)
  • Wikileaks (6)
  • Williamson County (1)
  • writ of habeas corpus (1)

Blog Archive

  • ►  2013 (242)
    • ►  September (11)
    • ►  August (26)
    • ►  July (27)
    • ►  June (22)
    • ►  May (33)
    • ►  April (32)
    • ►  March (29)
    • ►  February (29)
    • ►  January (33)
  • ▼  2012 (258)
    • ►  December (32)
    • ►  November (32)
    • ▼  October (35)
      • Book review: The secret race
      • Execution Watch: 10/31/12
      • We want yer munny
      • Droning on and on and on
      • Update: Texas kills again
      • The bias shows through
      • Update: Florida's execution of John Ferguson foiled
      • Smile! You're on camera
      • Criminalizing a difference of opinion
      • Execution Watch: 10/24/2012
      • Problems on the Forty Acres
      • A couple of Saturday morning thoughts
      • Update: High Court halts execution
      • Mesquite police retaliate against local woman
      • Were they hiding under rocks?
      • National Lawyers Guild seeks to halt Florida execu...
      • The myth of foreign oil
      • Execution Watch: 10/18/2012
      • HPD's dirty little ticket secret
      • Distracting the public
      • What right to know?
      • Cuffing and stuffing a 10-year-old
      • And what alternative would you propose?
      • Is it too much to ask for?
      • Update: Texas death machine keeps on rolling
      • Carpet bagging judges
      • Gumming up the works
      • Preventing the "Big One"
      • On hypocrisy and handouts
      • Does triple crown equal MVP?
      • Twiddle-dee and Twiddle-dum
      • Court to weigh in on warrantless blood draws
      • A few odds and ends
      • Dry labbing it, baby
      • Judge halts execution over drug questions
    • ►  September (30)
    • ►  August (37)
    • ►  July (36)
    • ►  June (28)
    • ►  May (28)
Powered by Blogger.

About Me

Unknown
View my complete profile