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Notable op-ed assailing Texas judge's peculiar recent death penalty ruling

By Douglas A. Berman

Professor Adam Gershowitz has this notable op-ed in the Houston Chronicle, which is headlined "Rethink death penalty: Judge?s ill-timed ruling invites irrationality in public?s views about capital punishment."  Here is how it gets started: State District Judge Kevin Fine sparked controversy recently when he ruled that the death penalty was unconstitutional under Texas law. Although he subsequently rescinded his ruling, the damage was done. By overstepping his powers, Fine gave death penalty advocates exactly what they were looking for: another example of a ?judicial activist? working to block the public's desire to enforce capital punishment. When voters hear that a low-level judge has moved to strike down capital punishment, they are likely to conclude that judges micromanage every aspect of death penalty cases and provide careful oversight to guarantee that no innocent people will be executed in Texas...continue to full post

Full post as published by Sentencing Law and Policy on March 21, 2010 (boomark / email).