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Legal news from Wednesday, March 9, 2011




Illinois abolishes death penalty
Julia Zebley on March 9, 2011 3:19 PM ET

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[JURIST] Illinois Governor Pat Quinn [official website] signed Senate Bill 3539 [text] on Wednesday, absolishing the death penalty [JURIST news archive] in Illinois. Two months after the Illinois Senate [official website] approved the bill [JURIST report], Quinn signed the bill [audio] into law. Justifying his decision in a statement [press release], Quinn said:
Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it. With our broken system, we cannot ensure justice is achieved in every case. For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release. I have found no credible evidence that the death penalty has a deterrent effect on the crime of murder and that the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims' families in overcoming their pain and grief.
Illinois legislators have attempted to ban the death penalty since then-governor George Ryan put a moratorium on it 11 years ago. Although the new law will officially take effect [Chicago Tribune report] on July 1, Quinn commuted the current 15 death row inmates' sentences to life without parole.

The death penalty remains a controversial issue worldwide. According to an Amnesty International (AI) [advocacy website] report [text, PDF; JURIST report], the number of countries using the death penalty dropped in 2009, but more than 700 people were executed in 18 countries, with the most executions carried out in Iran, Iraq, Saudi Arabia and the US. Last August, US District Court for the Southern District of Georgia [official website] heard a habeas petition from Troy Davis, who was convicted and sentenced to death for murdering an off-duty Savannah, Georgia police officer. In a rare move, the federal court heard the habeas petition after Davis had exhausted his state remedies under the Antiterrorism and Effective Death Penalty Act [text], but the court sided against Davis saying that he failed to prove his innocence. Law Offices of the Southern Center for Human Rights [official website] Executive Director Sarah Totonchi argues [JURIST commentary] said that "Troy Davis' case illustrates that US courts simply cannot provide the certainty necessary to impose an irreversible punishment; therefore the death penalty must be abolished."




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Blagojevich asks judge to cancel retrial
Jaclyn Belczyk on March 9, 2011 2:09 PM ET

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[JURIST] Former Illinois governor Rod Blagojevich [JURIST news archive] on Wednesday asked a federal judge to cancel his retrial [motion to dismiss] and sentence him on the single charge on which was originally convicted. Blagojevich was found guilty [JURIST report] last year of making false statements to the FBI, but the jury remained deadlocked on 23 additional charges. In the motion to dismiss the new trial, Blagojevich's lawyers argued that economic reasons make a second trial "imprudent":
To date, defense counsel have been working on the Blagojevich case for almost nine months without pay. This has caused a significant hardship and has deprived Blagojevich of his right to effective assistance of counsel as required by the Sixth Amendment to the Constitution. ... Based upon the economic hardships, the inequities and the unnecessary drain on taxpayer funds (funds may not even exist in the future), this case should be dismissed. The Court can proceed immediately to sentencing on the conviction from the first trial.
Blagojevich has always maintained his innocence, and the false statements charge carries a maximum sentence of five years in prison.

Last month, a judge for the US District Court for the Northern District of Illinois [official website] granted federal prosecutors' motion to dismiss three charges [JURIST report] against Blagojevich in an apparent effort to simply their case before the April 20 retrial. In Blagojevich's first trial, the jury deliberated for 14 days after the 11-week trial but was unable to reach a consensus on all but one of the charges. In September, lawyers for Blagojevich asked the judge to throw out the sole conviction, stating that the government failed to meet its required burden of proof, but the judge refused [JURIST reports]. In January 2009, the Illinois State Senate voted unanimously to convict Blagojevich of abuse of power and remove him from office [JURIST report]. Blagojevich and his former chief of staff John Harris were initially arrested [JURIST report] in December 2008.




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UN to probe Gaddafi over Libya torture allegations
Julia Zebley on March 9, 2011 1:59 PM ET

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[JURIST] The UN appointed a team of special prosecutors on Wednesday to investigate allegations that Libyan leader Muammar Gaddafi [BBC profile; JURIST news archive] has ordered forces to torture and abduct opponents. Although a probe was launched last week [JURIST report] in the International Criminal Court (ICC) [official website], special rapporteur for torture Juan Mendez [UN profile] clarified [AP Report] that this probe is different because he and his fellow investigators are "independent experts." Mendez is focusing on accusations that Gaddafi has ordered hospital patients' executions, fired on crowds of protesters and used other extreme tactics against his opponents. Describing complaints as "well-documented," Mendez has reached out for information from Gaddafi and stated that a lack of response will be documented in monthly reports to the UN Human Rights Council (UNHRC) [official website].

Earlier this month, the UN Security Council voted unanimously [press release] to impose sanctions [JURIST report] on Gaddafi, marking the first unanimous referral to the ICC in UN history. Resolution 1970 also received support from Libya's delegation itself, which renounced Gaddafi [Reuters report]. The UN General Assembly voted last week to suspend Libya [JURIST report] from the UNHRC in response to the violent suppression of peaceful protesters by forces loyal to Gaddafi. According to a statement issued by the court, the ICC will not grant immunity [JURIST report] to any person perpetrating crimes against humanity in Libya.




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Lawyer for ex-Liberia president argues bias in war crimes trial
Andrea Bottorff on March 9, 2011 11:20 AM ET

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[JURIST] A defense lawyer representing former Liberian president Charles Taylor [BBC profile; JURIST news archive] on Tuesday accused the Special Court for Sierra Leone (SCSL) [official website] of political bias during his closing arguments in Taylor's trial [OSJI backgrounder] in The Hague on charges of war crimes and crimes against humanity. British defense lawyer Courtenay Griffiths [official profile] called the trial a "21st-century form of neo-colonialism" and criticized the court for being politically biased [BBC report], citing information found in US documents released by Wikileaks [website; JURIST news archive] and the international court's failure to indict other African leaders, including Libyan leader Muammar Gaddafi [BBC profile; JURIST news archive] who is currently under investigation [JURIST report] for crimes against humanity. The closing arguments, which were originally set to begin last month, had been postponed pending an appeals chamber decision to accept the defense's final written brief [JURIST reports] after the trial chamber disregarded the brief because it was 20 days late. The arguments are scheduled to finish [OSJI report] on Friday.

Taylor has denied [JURIST report] the charges [indictment, PDF] against him, which include murder, rape, sexual slavery and acts of terrorism stemming from from a "campaign to terrorize the civilian population" of Sierra Leone [JURIST news archive]. Taylor's defense lawyers opened their case [JURIST report] in July 2009 and have claimed that he could not have commanded rebel forces in Sierra Leone while acting as the president of Liberia. His trial continued after the court denied his motion for acquittal [JURIST report] in May 2009. Prosecutors previously expressed concern that the defense's list of 256 witnesses could make the trial last up to four additional years [JURIST report].




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DOJ appeals Florida health care ruling
Andrea Bottorff on March 9, 2011 10:14 AM ET

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[JURIST] The US Department of Justice (DOJ) [official website] on Tuesday appealed [notice, PDF] a ruling in the US District Court for the Northern District of Florida [official website] declaring the health care reform law [HR 3590; JURIST news archive] unconstitutional [order, PDF]. On Friday, Judge Roger Vinson granted [order, PDF; JURIST report] the Obama administration's petition to stay his previous order [JURIST report] on the condition that an appeal would be filed within a week. The stay has allowed the administration to continue its implementation of the law in other states until after appellate review. The administration had not formally sought a stay on the injunction, but rather had requested Vinson to "clarify" [JURIST report] his earlier judgment in order to determine its "potential impact" on the implementation of the Act. In January, Vinson voided the entire Patient Protection and Affordable Care Act (PPACA), saying that requiring all Americans over the age of 18 to have health insurance violated the Constitution by exceeding Congress' Commerce Clause [Cornell LII backgrounder] power. The case will now be reviewed by the US Court of Appeals for the Eleventh Circuit [official website].

The health care reform law is the subject of numerous legal challenges across the country. Last month, Virginia Attorney General Kenneth Cuccinelli [official website] filed a petition [JURIST report] for a writ of certiorari [text, PDF] with the US Supreme Court [official website] asking the court to rule on the constitutionality of the law on an expedited basis, before the US Court of Appeals for the Fourth Circuit [official website] rules on the issue. In January, a judge for the US District Court for the Western District of Virginia [official website] dismissed [JURIST report] a lawsuit challenging a provision of the health care reform law. In October, a federal judge in Michigan ruled [JURIST report] that the law is constitutional under the Commerce Clause as it addresses the economic effects of health care decisions, and that it does not represent an unconstitutional direct tax.




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