PACE President calls on the US to abide by its international obligation

Dudley Sharp : Medellin`s raped/tortured/murdered two young girls
Aren`t the vicitims relevant? They were, somehow, not mentioned in the story. The death penalty is an ethical sanction for some of the worste crimes. Furthermore, The US and Texas did review death row inmate Medellin`s rights under the Vienna Convention. Medellin could have contacted his consulate anytime that he or his attorney wished. He never requested to. The alleged Texas violation of the Vienna Convention was that Texas didn`t tell Medellin of his right to contact his consulate. Were Medellin and his attorney unaware that they could contact the Mexican Consulate. Of course they knew that they could. They just never thought of it. Texas did not know Medellin was a Mexican citizen untill well after his arrest and , again, Medellin and his attorneys could have contacted the Mexican Consulate at anytiime - had they felt the need or desire to do so, which they didn`t. Medellin will be justly and fairly executed for his crimes.

Dudley Sharp : The Real Death Penalty in the US
There are many falsehoods raised against the US death penalty. It is time to set the record straight. The Death Penalty in the US: A Review Dudley Sharp, Justice Matters, contact info below   NOTE: Detailed review of any of the below topics, or others, is available upon request   In this brief format, the reality of the death penalty in the United States, is presented, with the hope that the media, public policy makers and others will make an effort to present a balanced view on this sanction.   Innocence Issues   Death Penalty opponents have proclaimed that 128 inmates have been "released from death row with evidence of their innocence", in the US, since the modern death penalty era began, post Furman v Georgia (1972).   That number is a fraud.   Those opponents have intentionally included both the factually innocent (the "I truly had nothing to do with the murder" cases) and the legally innocent (the "I got off because of legal errors" cases), thereby fraudulently raising the "innocent" numbers. This is easily confirmed by fact checking.   Death penalty opponents claim that 24 such innocence cases are in Florida. The Florida Commission on Capital Cases found that 4 of those 24 MIGHT be innocent -- an 83% error rate in for the claims of death penalty opponents. Other studies show their error rate to be about 70%.   Therefore, 20-25 of the alleged 127 innocents MIGHT be actually innocent -- a 0.3% actual guilt error rate for the over 8000 sentenced to death since 1973.  The actual innocents were all freed,   It is often claimed that 23 innocents have been executed in the US since 1900.  Nonsense.  Even the authors of that "23 innocents executed" study proclaimed "We agree with our critics, we never proved those (23) executed to be innocent; we never claimed that we had."  While no one would claim that an innocent has never been executed, there is no proof of an innocent executed in the US, at least since 1900.   No one disputes that innocents are found guilty, within all countries.  However, when scrutinizing death penalty opponents claims, we find that when reviewing the accuracy of verdicts and the post conviction thoroughness of discovering those actually innocent incarcerated, that the US death penalty process may be one of the most accurate criminal justice sanctions in the world.    Under real world scenarios, not executing murderers will always put many more innocents at risk, than will ever be put at risk of execution.   Deterrence Issues   16 recent US studies, inclusive of their defenses,  find a deterrent effect of the death penalty.   All the studies which have not found a deterrent effect of the death penalty have refused to say that it does not deter some.  The studies finding for deterrence state such.  Confusion arises when people think that a simple comparison of murder rates and executions, or the lack thereof, can tell the tale of deterrence.  It cannot.    Both high and low murder rates are found within death penalty and non death penalty jurisdictions, be it Singapore, South Africa, Sweden or Japan, or the US states of Michigan and Delaware.  Many factors are involved in such evaluations.  Reason and common sense tell us that it would be remarkable to find that the most severe criminal sanction -- execution -- deterred none.  No one is foolish enough to suggest that the potential for negative consequences does not deter the behavior of some.  Therefore, regardless of jurisdiction, having the death penalty will always be an added deterrent to murders, over and above any lesser punishments.   Racial issues   White murderers are twice as likely to be executed in the US as are black murderers and are executed, on average, 12 months more quickly than are black death row inmates.   It is often stated that it is the race of the victim which decides who is prosecuted in death penalty cases.  Although blacks and whites make up about an equal number of murder victims, capital cases are 6 times more likely to involve white victim murders than black victim murders.  This, so the logic goes, is proof that the US only cares about white victims.   Hardly.  Only capital murders, not all murders, are subject to a capital indictment.  Generally, a capital murder is limited to murders plus secondary aggravating factors, such as murders involving burglary, carjacking, rape, and additional murders, such as police murders, serial and multiple murders.  White victims are, overwhelmingly, the victims under those circumstances, in ratios nearly identical to the cases found on death row.   Any other racial combinations of defendants and/or their victims in death penalty cases, is a reflection of the crimes committed and not any racial bias within the system, as confirmed by studies from the Rand Corporation (1991), Smith College (1994), U of Maryland (2002), New Jersey Supreme Court (2003) and by a view of criminal justice statistics, within a framework of the secondary aggravating factors necessary for capital indictments.   Class issues   No one disputes that wealthier defendants can hire better lawyers and, therefore, should have a legal advantage over their poorer counterparts.  The US has executed about 0.15% of all murderers since new death penalty statutes were enacted in 1973.  Is there evidence that wealthier capital murderers are less likely to be executed than their poorer ilk, based upon the proportion of capital murders committed by different those different economic groups? Not to my knowledge.   Arbitrary and capricious   About 10% of all murders within the US might qualify for a death penalty eligible trial.  That would be about 64,000 murders since 1973.  We have sentenced 8000 murderers to death since then, or 13% of those eligible.  I doubt that there is any other crime which receives a higher percentage of maximum sentences, when mandatory sentences are not available.  Based upon that, as well as pre trial, trial, appellate and clemency/commutation realities, the US death penalty is likely the least arbitrary and capricious criminal sanctions in the  US.   Christianity and the death penalty   The two most authoritative New Testament scholars, Saints Augustine and Aquinas, provide substantial biblical and theological support for the death penalty. Even the most well known anti death penalty personality in the US, Sister Helen Prejean, author of Dead Man Walking, states that "It is abundantly clear that the Bible depicts murder as a capital crime for which death is considered the appropriate punishment, and one is hard pressed to find a biblical `proof text` in either the Hebrew Testament or the New Testament which unequivocally refutes this.  Even Jesus` admonition `Let him without sin cast the first stone,` when He was asked the appropriate punishment for an adulteress (John 8:7) -- the Mosaic Law prescribed death -- should be read in its proper context.  This passage is an `entrapment` story, which sought to show Jesus` wisdom in besting His adversaries.  It is not an ethical pronouncement about capital punishment."  A thorough review of Pope John Paul II`s position, reflects a reasoning that should be recommending more executions.   Cost Issues   All studies finding the death penalty to be more expensive than life without parole exclude important factors, such as (1) geriatric care costs, recently found to be $69,0000/yr/inmate, (2) the death penalty cost benefit of providing for plea bargains to a maximum life sentence, a huge cost savings to the state, (3) the death penalty cost benefit of both enhanced deterrence and enhanced incapacitation, at $5 million per innocent life spared, and, furthermore, (4) many of the alleged cost comparison studies are highly deceptive.   Polling data   76% of Americans find that we should impose the death penalty more or that we impose it about right (Gallup, May 2006 - 51% that we should impose it more, 25% that we impose it about right)   71%  find capital punishment morally acceptable - that was the highest percentage answer for all questions (Gallup, April 2006, moral values poll). In May, 2007, the percentage dropped to 66%, still the highest percentage answer, with 27% opposed. (Gallup, 5/29/07)   81% of the American people supported the execution of Timothy McVeigh, with only 16% opposed. "(T)his view appears to be the consensus of all major groups in society, including men, women, whites, nonwhites, "liberals" and "conservatives."  (Gallup 5/2/01).   81% of Connecticut citizens supported the execution of serial rapist/murderer Michael Ross (Jan 2005).   While 81% gave specific case support for Timothy McVeigh`s execution, Gallup also showed a 65% support AT THE SAME TIME when asked a general "do you support capital punishment for murderers?" question. (Gallup, 6/10/01).   22% of those supporting McVeigh`s execution are, generally, against the death penalty (Gallup 5/02/01). That means that about half of those who say they oppose the death penalty, with the general question,  actually support the death penalty under specific circumstances, just as it is imposed, judicially.   Further supporting the higher rates for specific cases, is this, from the French daily Le Monde December 2006 (1): Percentage of respondents in favor of executing Saddam Hussein:USA: 82%; Great Britain: 69%; France: 58%; Germany: 53%; Spain: 51%; Italy: 46%   Death penalty support is much deeper and much wider than we are often led to believe, with 50% of those who say they, generally, oppose the death penalty actually supporting it under specific circumstances, resulting in 80% death penalty support in the US, as recently as December 2006.   --------------------------------   Whatever your feelings are toward the death penalty, a fair accounting of how it is applied should be demanded.   copyright 1998-2008 Dudley Sharp   Dudley Sharp, Justice Matters e-mail  sharpjfa@aol.com,  713-622-5491, Houston, Texas   Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O`Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.   A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.   Pro death penalty sites  homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx www(dot)dpinfo.com www(dot)cjlf.org/deathpenalty/DPinformation.htm www(dot)clarkprosecutor.org/html/links/dplinks.htm www(dot)coastda.com/archives.html www(dot)lexingtonprosecutor.com/death_penalty_debate.htm www(dot)prodeathpenalty.com www(dot)yesdeathpenalty.com/deathpenalty_co yesdeathpenalty.googlepages.com/home2 (Sweden) www(dot)wesleylowe.com/cp.html Permission for distribution of this document, in whole or in part,  is approved with proper attribution.

Dudley Sharp : Let`s be clear on The Vienna Convention (VC)
1. The primary violation of the VC, from which all others are dependent, is that the US did not inform arrested foreign nationals of their right to contact their own consulate. That`s it. ---The police didn`t say:"You have the right to contact your conculate, if you want to." --- 2. It is very important to point out that-- a. all detainees could have contacted their consulates whenever they wanted to, absent that notification and-- b. all 52 detainees had attorneys who all knew they could contact the consular offices, at any time, had they believed such contact could have been helpful. They didn`t.-- c. No one prevented anyone from contacting their embassy--- The main issue of the International Court of Justice (ICJ) was not the violation of notification, which both parties had conceded to for some time, but one of the remedy for such violation. Ignoring the fact that the VC states that the VC has nothing to do with individual rights, and the fact that the ICJ doesn`t care what the VC says on that issue, the ICJ stated that the US must provide new hearings in these cases.--- In the US, hearings are based upon meeting a threshold of evidence which can support the call for a hearing. If that threshold is not met, then the appellate courts will rule against a hearing. Overwhelmingly, the VC issues have been reviewed by courts and the claims have been dismissed. They have been barred because of time limitations on originating the appeal or not preserving it at trial, properly, or that the VC issue resulted in harmless error, meaning that neither the sentence nor the verdict would have changed, had the VC been properly administered. Many appellate claims for US citizens are denied in US courts for the exact same reasons. It is important to note that THE ICJ DIRECTIVE IS ASKING FOR A SPECIAL HEARING OVER AND ABOVE THAT WHICH US CITIZEN DETAINEES ARE GRANTED WITHIN THE US. FURTHERMORE, THERE IS NO PROVISION WITHIN THE VC WHICH REQUIRES OR DIRECTS THAT THE TAKING AUTHORITY MUST VIOLATE THEIR OWN LAWS AND PRECEDENTS IN ORDER TO ENFORCE THE VC.--- Paragraph 2, article 36 states: "2. The rights referred to in paragraph 1 of this Article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this Article are intended. "-- The appeals, as reviewed above, have, already, fulfilled this requirement.-- In the overwhelming majority of the 52 Mexican detainee cases, there is little doubt that the detainees received super due process and other protections within their cases. -- Looking specifically at the dates of when these 52 detainees were originally arrested, and the history of Mexico`s interest in Mexican nationals arrested in the US at such times, there is very little or no supportive evidence that Mexico would have provided any additional assistance, at all, or an additional assistance which would have impacted the end result in these cases, had their consulates been notified at that time.--- Now, what, again, were the human rights violation that Medellin perpetrated against his two vicitms, Elizabeth Pena and Jennifer Ertman?-- take a look.-- http://www.murdervictims.com/Voices/jeneliz.html