“Every Killer You Kill, Never Kills Again” — Bill Maher.
In 1995, a jury sentenced defendant to death for the rape and murder of his girlfriend’s mother. He now argues that the delay in carrying out his execution amounts to cruel and unusual punishment under the Eighth Amendment. Although more than 900 people have been sentenced to death in California since 1978, only 13 have been executed. Some Death Row inmates have died of natural causes, the sentences of some have been vacated, and 748 remain on Death Row. For those who are eventually executed, the process will likely take 25 years or more. While acknowledging that many agree with defendant that California’s capital punishment system is dysfunctional and that the delay between sentencing and execution in California is extraordinary, the Ninth Circuit declined to apply defendant’s “novel constitutional rule.” (Jones v. Davis (Ninth Cir.; November 12, 2015) 806 F.3d 538.) http://cdn.ca9.uscourts.gov/datastore/opinions/2015/11/12/14-56373.pdf