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If you oppose the death penalty, why not enshrine that sentiment in your will?

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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 07:53 AM
Original message
If you oppose the death penalty, why not enshrine that sentiment in your will?
State it clearly. Put it in your will that if you're killed by another person, you do not want that person to face the b=death penalty. If you have no will, write a letter stating the same, mail it to a trusted person to provide to the authorities at the appropriate time.

Will this matter? Is it legal?

Who knows. It surely can't hurt.
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 07:57 AM
Response to Original message
1. Legal but inadmissible.
The issue at sentencing is whether or not aggravating factors outweigh mitigating factors. That's in OH and I suspect most states have similar requirements. The wishes of the victim really are not relevant to that.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:04 AM
Response to Reply #1
2. Correct. In most states what the victim wants as punishment is irrelevant.
You could equally right a letter/will saying you want your killer to be put free and it would have just as much weight/influence.

The issue is between the state and the defendant. The victim will (meaning wishes not the document) is not relevant. It is the will of the state (as determined imperfectly via legislation & jury) that matters.
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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:08 AM
Response to Reply #1
3. True. It would be interesting to present before sentencing since my survivors
also all oppose the DP though.
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vi5 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:13 AM
Response to Original message
4. I do, but I think it's irrelevant...
My family all know my wishes (and they share the same feelings), and I've put mine in writing in a letter regarding many things I want done after my death, regardless of the circumstances.

However, I think from a legal standpoint it would bear little weight. But at least my family would know how I would want my death in those circumstances to be advocated.

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