home *** CD-ROM | disk | FTP | other *** search
- THE WEEK, Page 23SOCIETYExecution Made Easy
-
-
- The Supreme Court restricts access to appeals for death row
- inmates
-
-
- The nation's highest court showed little sympathy last week
- for Jose Tamayo-Reyes, a Cuban refugee accused of a barroom
- murder in Oregon. Tamayo-Reyes, who speaks little English,
- pleaded no contest in 1984 to manslaughter, but he later argued
- that a bad Spanish translation caused him to misunderstand what
- he was doing. After his lawyer erred by neglecting to present
- these crucial facts to an Oregon state appeals court, Tamayo-
- Reyes sought help from the federal court system, which has long
- heard legal appeals from state prisoners through a process known
- as a petition for writ of habeas corpus.
-
- But last week, in a far-reaching decision likely to hasten
- the execution of many death row inmates, the high court
- narrowed the ability of state prisoners to challenge the
- constitutionality of their convictions or sentences. The
- Justices ruled that federal courts are no longer obligated to
- grant a hearing on these appeals, even if the inmate can show
- that his lawyer failed to present important facts. This ruling
- seriously weakens an important aspect of habeas corpus (Latin
- for "you should have the body") law, long a prime target of
- Chief Justice William H. Rehnquist. Such a change in habeas
- corpus law, frequently used as protection for people on death
- row, may allow states to carry out the death penalty more
- swiftly by avoiding postponements on appeal -- and raises the
- risk that new, exonerating evidence will never be heard in court
- before the switch is pulled.
-
-
-
-
-
-