Death penalty update

By Walter M. Reaves Jr.

I previously told you about Judge Fine’s ruling which held part of the death penalty statute unconstitutional. He recently reconsidered that order, and withdrew it. It doesn’t mean he changed his mind – just that he wants more information before he makes such an important decision. Certainly can’t argue with that…
 
He has requested both sides submit briefs, which are due in April.  He also set a hearing at the end of April, where both sides will be allowed the opportunity to present evidence. Since one of the reasons for his original ruling was that he believes innocent people have been executed, I would expect the defense to present evidence and try to convince him. How far they will go should prove interesting.
 
Judge Fine has already broken new ground, and it looks like he will continue to do so. I can’t think of another case where the parties were allowed (and encouraged) to present evidence on a completely unrelated case(s). He is going to have to come with some procedures and limits, or they might be there for the rest of the year.
 
I’m sure there are those who will criticize him for backing down in the face of criticism. I don’t see it that way though. What I see is a judge who wants to give both sides every opportunity to make their case before he makes a decision. That’s the way the system is supposed to operate.
 

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