Panetti

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Retribution and Deterrence of the Death Penalty

“Based on my specialized knowledge of this process, I now conclude that the death penalty as a form of punishment should be abolished because the execution of individuals does not appear to measurably advance the retribution and deterrence purposes served by the death penalty; the life without parole option adequately protects society at large in the same way as the death penalty punishment option; and the risk of executing an innocent person for a capital murder is unreasonably high, particularly in light of procedural-default laws and the prevalence of ineffective trial and initial habeas counsel.”

– Judge Tom Price, Texas Court of Criminal Appeals; Ex parte Panetti (No. WR-37,145-04), in his 11/26/14 dissent of the Texas Court of Criminal Appeals’ denial of Mr. Scott Panetti’s writ seeking to halt his scheduled execution. The 5th Circuit halted the execution on 12/3/14, acknowledging the “complex legal questions at issue,” presumably that of imposing the death penalty on someone with severe mental illness.