Wednesday, October 5, 2016

Supreme Court Considers Role of Race in Sentencing - Duane Buck has been challenging his death sentence for nearly 14 years, saying he was sentenced to death because he is black.....

Duane Buck has been challenging his death sentence for nearly 14 years, saying it was based partly on racial prejudice after a psychologist testified the convicted murderer was more likely to be a danger because he is black.
On Wednesday, the U.S. Supreme Court takes up his latest appeal.
"This stereotype, that black men are more dangerous, is animating our entire public discussion these days. It's now up to this court to say, 'That's enough,'" said Kathryn Kase of the Texas Defender Service.
A few weeks after breaking up with his girlfriend in 1995, Buck barged into her Texas home with a shotgun and a rifle. He wounded his stepsister, killed another man who was in the house, then followed his former girlfriend outside and killed her in front of her children.

At the sentencing hearing, Buck's own lawyers called a former prison psychiatrist, Walter Quijano, to assess his future dangerousness. He would be unlikely to be violent in the future, Quijano said, but Buck's race "increased the probability" of future violence.
"It's a sad commentary that minorities — Hispanics and black people — are over-represented in the criminal justice system," he said.
Future dangerousness is one of the factors a Texas jury must unanimously find before a defendant can be sentenced to death.
In the first of what would become several unsuccessful appeals, newly appointed counsel failed to challenge the decision by Buck's own trial lawyers to introduce the psychiatrist's testimony.
But in 2000, the Texas attorney general said a defendant's race should never be an issue at sentencing and identified Buck's case as one in which the state would not oppose an appeal for a new sentencing hearing. The state later reversed course, explaining that because it was Buck's own lawyers who raised the issue, the state had not made an error that needed to be remedied.
Last August, a federal appeals court declined to give Buck permission to pursue his appeals.
"As a result, a death sentence tainted by egregious racial bias remains intact, and the legitimacy of our criminal justice system has been seriously undermined," said Sherrilyn Ifill of the NAACP legal defense fund, which is representing Buck before the Supreme Court.
Lawyers for the state downplayed the significance of the psychiatrist's testimony, which said Buck presented a low likelihood of future dangerousness.
They also argued that Buck cannot show a "substantial likelihood" that a jury would have reached a different conclusion without the discredited testimony about race, which the state says is a precondition for a new round of appeals. Evidence of his future dangerousness, including "the horrific facts of the offense" and Buck's lack of remorse, was overwhelming, they said.
But Kase said the Supreme Court should send a clear message that appeals to racial prejudice have no place in the criminal justice system.
A decision is expected sometime before late June

27 comments:

Rufus Khan said...

Well certainly the double murder wasn't the reason for the sentence Nope it's because He's a nigra.

Anonymous said...

keeps Tom Dart up at night

The King of All Crackers said...

I like in the article that one of the liberal attorneys said blacks and Hispanics are over represented in the criminal justice system then can he just ask them to stop doing as much crime.

Anonymous said...

After the chair they're all black! Ya dumb nigger!

Anonymous said...

Duane Buck needs to Die. period.

Anonymous said...

Man with a rifle and shotgun wounds some, kills others - but oh yeah, it's only because he's BLACK that he's a danger in the future >sarcasm<

Look assholes - he's a CRIMINAL - did the crime, is he likely to do it again? Who the fuck knows? But chances are good since he's a NIGGER that he's gonna reoffend. Not because he's BLACK, but because he's a fucking shine nigger - big difference.

Get your heads out of your asses - get this fucking shine swinging from the nearest tree and stop suffering this bullshit.

Anonymous said...

Blacks' tendency to be more dangerous than other groups is not a "stereotype." It is a FACT. This FACT has been established beyond any shadow of a doubt by decades of hard statistics, and is obvious to anyone who has spent time around blacks.

I can't believe the SCOTUS is wasting time on this garbage. This dirtbag should have been executed years ago.

Anonymous said...

He'll die of old age before they fry him.

Anonymous said...

Burning a few negroes in the electric chairs warm embrace is a good deterrent to shuck young brothas that have a genetic propensity for murder.

Anonymous said...

Wow! It's like we haven't learned anything about blacks in the last 400 years defense.

Out of the tempole Motherfucker!!! said...

LET BLACK DEMON LIDE THE RIGHTNING!!!!!

Anonymous said...

They used to only be on death row for three to six months .
Now due to unlimited appeals, they can be there for 30+ years,
wasting the tax payers dollars.
Hell, in California a lot of those sentenced to death row are dying of old age!
Not only is the system broken, the nation is broken.
Go back to public executions in the town square and this BS will
end overnight.

Mr. SouthSide said...

Die Bitch!

Anonymous said...

If only this colored Buck had been exposed to Bud Billiken at an early age. All of the mayhem could have been averted through High Stepping and Big Teeth Grinning!

Anonymous said...

The race card again, WTF

Anonymous said...

Actually, studies show that Whites are over represented on death row in all states except Pennsylvania. Probably because of Philadelphia and Pittsburg.

Anonymous said...

No, nigger. You're gonna die because you killed two people.

Anonymous said...

It's not because he is black. His black skin only serves as a warning like the colors on a coral snake. The one hundred thousand years of tribal warfare and violence coursing through his veins is the culprit.

Anonymous said...

JUSTICE FOR DUANE BUCK,,,,

Anonymous said...

Guillotines are quick, efficient, and improve the public's morale.

Anonymous said...

I Bond per Judge Chris P. Bacon

Anonymous said...

Statistically, a death row inmate in the US is more likely to die of natural causes than be executed.

Look at the Night Stalker scumbag in California. Guilty as sin, murdered multiple innocent victims, finally went out 20 years after his crimes by Hepatitis C. In the meantime he's a media icon, gets tons of fan mail, books written about him, TV news specials, sicko women falling in love with the piece of shit. He's world famous and loving it.

Anonymous said...

As a negroe this primate can give society nothing and cost society greatly,begin the execution!

Anonymous said...

Flip the switch already !

Anonymous said...

Flip the switch already !

Anonymous said...

Flip the switch already !

Anonymous said...

Challenging his death sentence ?

I'd be more than happy to put three in the back of his head and it wouldn't be that challenging !