The state of Texas looks set to execute Kenneth Foster for a crime he did not commit, whose sentence a federal court has ruled contains "fundamental constitutional defect" and whose sentence the Texas supreme court cannot overturn. His lawyers have appealed to Texas governor Rick Perry for Mr. Foster's sentence to be commuted but Mr. Perry has never commuted a death sentence even when the state parole board has made a recommendation that he do so.
What is Mr. Perry's crime? He was the driver in a robbery in Arlington TX in which a murder was committed. He was sentenced to die under the Texas "law of parties" which does not make a distinction between principle and accomplice and which allows guilt to be found if an accomplice "should have anticipated" the crime.
I have little doubt that Mr. Perry will be executed and that legalised murder in Texas will continue unabated.
The only good thing that could come out of this is that we find a way to apply this principal to international law so that Bush, Cheney et al can be prosecuted for any and all war crimes committed in Iraq on the "should have anticipated" principle.
What is Mr. Perry's crime? He was the driver in a robbery in Arlington TX in which a murder was committed. He was sentenced to die under the Texas "law of parties" which does not make a distinction between principle and accomplice and which allows guilt to be found if an accomplice "should have anticipated" the crime.
I have little doubt that Mr. Perry will be executed and that legalised murder in Texas will continue unabated.
The only good thing that could come out of this is that we find a way to apply this principal to international law so that Bush, Cheney et al can be prosecuted for any and all war crimes committed in Iraq on the "should have anticipated" principle.
2 comments:
Unfortunately, there won't be any trials, and, even if there were, they wouldn't end up dangling from nooses. Sad.
The Texas Supreme Court has no criminal jurisdiction, except over juveniles (delinquency is considered a civil offense in Texas).
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