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[LSDEMS] 2nd policy draft released: Mandatory Appeals for Capital Punishment


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INTRODUCING:  MANDATORY APPEALS FOR CAPITAL PUNISHMENT

 

 

 

In our LSNN interview (which can be read in this very helpful election guide), we promised we would introduce a proposal to make appeals mandatory whenever capital punishment is to be used. We fully intend to keep that promise, and so, towards this, we drafted and will propose the Mandatory Appeals in Sentencing for Capital Offences Act (MASCOA) 2020.

 

MASCOA establishes a three-judge panel for reviewing all sentencing orders containing capital punishment.  As the provisions provide, there are two types of appeals: contested and uncontested. Contested appeals are where the convicted person objects to the sentence, and uncontested is where they don't.  Where the appeal is contested, the appellant must be fully heard; and where it is uncontested, the panel must review the entire history and record, examining all of the evidence and the submissions, to make sure there has not been a "palpable error."

 

Under MASCOA, no person who is convicted and sentenced to death will suffer this fate without the approval of at least three judges (the trial judge who made the sentence order, and at least two of the three-judge panel reviewing it under MASCOA). The intent is to guard against miscarriages of justice and wrongful uses of this irreversible punishment.

 

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This is only a proposal. It may be revised after it is presented to Council for consideration.

 

For more questions regarding this reform, feel more than free to write to [email protected] (( drop a PM. ))

 

 

 

 

 

 

(( Please keep in mind that while some of these reforms may typically be beyond the a city council's control, LFM has allowed us to propose changes to state law which we can then "transmit" to the state legislature (LFM). They will then decide, in turn, whether to adopt the proposal as we have drafted it or refuse it with some reason and to send it back. ))

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