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California court to consider if delays on death row violate US constitution
By theguardian.com
Published: 08/31/2015

In California, more prisoners have died of natural causes on death row than have perished in the death chamber. More than 900 killers have been sentenced to death since 1978, but only 13 have been executed.

The question a federal appeals court will consider on Monday is whether years of unpredictable delays from conviction to execution resulted in an arbitrary and unfair system that violates the constitution’s eighth amendment, which bars cruel and unusual punishment.

The hearing at the ninth US circuit court of appeals in Pasadena comes as support for the death penalty wanes in parts of the country. The Connecticut supreme court recently ruled that it served no legitimate purpose, and Nebraska eliminated it this year.

US district judge Cormac Carney ruled in the case of a Los Angeles rapist and murderer that the state’s death penalty was dysfunctional and offered an empty promise seldom leading to executions while jamming up death row.

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