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execution dates in California

 
 
Reply Sat 27 Sep, 2008 02:18 pm
After a convicted murderer has exhausted all appeals who, or what entity, sets the date for execution?
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Type: Question • Score: 0 • Views: 1,458 • Replies: 3
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Debra Law
 
  2  
Reply Sat 27 Sep, 2008 03:42 pm
@Michael Gibson,
http://law.justia.com/california/codes/pen/1213-1227.5.html

Relevant sections of the California Penal Code Sections 1213-1227.5

CHAPTER 2. THE EXECUTION

Quote:
1217. When judgment of death is rendered, a commitment signed by
the judge, and attested by the clerk under the seal of the court must
be drawn and delivered to the sheriff. It must state the conviction
and judgment, and must direct the sheriff to deliver the defendant,
within 10 days from the time of judgment, to the warden of the State
prison of this State designated by the State Board of Prison
Directors for the execution of the death penalty, to be held pending
the decision upon his appeal.

1218. The judge of the court at which a judgment of death is had,
must, immediately after the judgment, transmit to the Governor, by
mail or otherwise, a statement of the conviction and judgment, and a
complete transcript of all the testimony given at the trial including
any arguments made by respective counsel and a copy of the clerk's
transcript.

1219. The Governor may thereupon require the opinion of the
Justices of the Supreme Court and of the Attorney General, or any of
them, upon the statement so furnished.

1227. If for any reason other than the pendency of an appeal
pursuant to subdivision (b) of Section 1239 of this code a judgment
of death has not been executed, and it remains in force, the court in
which the conviction was had shall, on application of the district
attorney, or may upon its own motion, make and cause to be entered an
order appointing a day upon which the judgment shall be executed,
which must not be less than 30 days nor more than 60 days from the
time of making such order
; and immediately thereafter, a certified
copy of such order, attested by the clerk, under the seal of the
court, shall, for the purpose of execution, be transmitted by
registered mail to the warden of the state prison having the custody
of the defendant; provided, that if the defendant be at large, a
warrant for his apprehension may be issued, and upon being
apprehended, he shall be brought before the court, whereupon the
court shall make an order directing the warden of the state prison to
whom the sheriff is instructed to deliver the defendant to execute
the judgment at a specified time, which shall not be less than 30
days nor more than 60 days from the time of making such order.
From an order fixing the time for and directing the execution of
such judgment as herein provided, there shall be no appeal.

1227.5. Notwithstanding Section 1227, where a judgment of death has
not been executed by reason of a stay or reprieve granted by the
Governor, the execution shall be carried out on the day immediately
after the period of the stay or reprieve without further judicial
proceedings.

NickFun
 
  2  
Reply Sun 28 Sep, 2008 12:20 am
@Debra Law,
What a nice, legal, by the book way to kill someone! The Judge, jury, executioner and even the governor are all complicit in a mans death. Isn't that also murder?
gungasnake
 
  1  
Reply Sun 28 Sep, 2008 01:22 am
@NickFun,
By the time anybody ever got executed in Californicatia he or she would have been killed a hundred times over in any rational society. I mean, isn't Manson still sitting around in prison?
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