Alabama set to execute man who didn't kill anyone(www.nbcnews.com)
13 pointsby Jimmc4142 days ago2 comments
  • magicalhippo2 days ago
    Even many of the jurors who voted to end his life have come forward saying they regret their decision.

    That's the most surprising part to me. Is there something missing from the story? Were the jurors not presented the full picture?

    • unsnap_bicepsa day ago
      Jurors decide on the guilt or not of the charges, but generally the punishment is decided by the judge. They likely felt that the charges were correct and he was guilty, but the choice of the penalty isn't what they feel is justified.
      • magicalhippoa day ago
        Well then at best the phrasing in the article is terrible, since it explicitly says they voted to end his life.

        I note that Wikipedia writes this[1] about felony murder in the US:

        When the government seeks to impose the death penalty on someone convicted of felony murder, the Eighth Amendment has been interpreted so as to impose additional limitations on the state power. The death penalty may not be imposed if the defendant is merely a minor participant and did not actually kill or intend to kill. However, the death penalty may be imposed if the defendant is a major participant in the underlying felony and exhibits extreme indifference to human life.

        Thus it would appear as if the prosecution successfully argued that he was a major participant, and that's what the jurors are regretting?

        [1]: https://en.wikipedia.org/wiki/Felony_murder_rule#United_Stat...

        • unsnap_bicepsa day ago
          So this is where legal stuff gets complicated. Judges don't send the jury into deliberations with a copy of the revenant laws, but they write instructions that lay out the criteria the jury has to deliberate on. For simpler cases, it's a checklist of things, like for a DUI, "Was the defendant driving the vehicle?" "Was the defendant impaired?" and so on. For a murder case, it gets tricky. I don't have a way to view those instructions, so it's possible that the instructions basically laid it out as "If x and y and z, then you will find them guilty with a death sentence, however if x and y but not z, then they're guilty with a life imprisonment, and finally if not x or not y, then they're not guilty".

          It's also possible that they did have a vote and voted to recommend a death sentence, however, it would still be entirely up to the judge to follow though with that recommendation. Jury sentencing guidelines are entirely non-binding. Judges are bound by the guidelines defined by the letter of the law and other cases.

          We may never know if it was as black and white as them voting for "Execute or not" or if it was just the outcome of the jury instructions. Both cases are reasonable for a jury member to feel guilt over.

  • andsoitis2 days ago
    Barbaric.