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	<title>Comments on: &#8220;Barbarism Cloaked In the Black Robes of Justice&#8221;</title>
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	<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/</link>
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		<title>By: squid696</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931881</link>
		<dc:creator>squid696</dc:creator>
		<pubDate>Thu, 30 Aug 2007 17:11:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931881</guid>
		<description>&lt;p&gt;John in Austin, you are incorrect.  This use of the term “law of parties” is a red-herring.  Here is a portion of the California Penal Code.&lt;/p&gt;
&lt;p&gt;190.2.  (a) The penalty for a defendant who is found guilty of&lt;br /&gt;
murder in the first degree is death or imprisonment in the state&lt;br /&gt;
prison for life without the possibility of parole if one or more of&lt;br /&gt;
the following special circumstances has been found under Section&lt;br /&gt;
190.4 to be true:&lt;br /&gt;
   (17) The murder was committed while the defendant was engaged in,&lt;br /&gt;
&lt;b&gt;or was an accomplice in&lt;/b&gt;, the commission of, attempted commission of,&lt;br /&gt;
or the immediate flight after committing, or attempting to commit,&lt;br /&gt;
the following felonies:&lt;br /&gt;
   (A) &lt;b&gt;Robbery&lt;/b&gt; in violation of Section 211 or 212.5.&lt;/p&gt;
&lt;p&gt;Regardless, I am happy and frankly stunned to see that the Board decided to commute the sentence.  This a a rare day for them.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>John in Austin, you are incorrect.  This use of the term “law of parties” is a red-herring.  Here is a portion of the California Penal Code.</p>
<p>190.2.  (a) The penalty for a defendant who is found guilty of<br />
murder in the first degree is death or imprisonment in the state<br />
prison for life without the possibility of parole if one or more of<br />
the following special circumstances has been found under Section<br />
190.4 to be true:<br />
   (17) The murder was committed while the defendant was engaged in,<br />
<b>or was an accomplice in</b>, the commission of, attempted commission of,<br />
or the immediate flight after committing, or attempting to commit,<br />
the following felonies:<br />
   (A) <b>Robbery</b> in violation of Section 211 or 212.5.</p>
<p>Regardless, I am happy and frankly stunned to see that the Board decided to commute the sentence.  This a a rare day for them.</p>
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		<title>By: John In Austin</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931838</link>
		<dc:creator>John In Austin</dc:creator>
		<pubDate>Thu, 30 Aug 2007 16:51:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931838</guid>
		<description>&lt;p&gt;Breaking News&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www.news8austin.com/content/top_stories/default.asp?ArID=191107&quot;&gt;http://www.news8austin.com/con.....rID=191107&lt;/a&gt;&lt;/p&gt;
&lt;p&gt; Board votes 6-1 to commute sentence. Now it’s all up to Governor Goodhair Perry.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Breaking News</p>
<p><a href="http://www.news8austin.com/content/top_stories/default.asp?ArID=191107">http://www.news8austin.com/con&#8230;..rID=191107</a></p>
<p> Board votes 6-1 to commute sentence. Now it’s all up to Governor Goodhair Perry.</p>
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		<title>By: John In Austin</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931833</link>
		<dc:creator>John In Austin</dc:creator>
		<pubDate>Thu, 30 Aug 2007 16:49:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931833</guid>
		<description>&lt;p&gt;Texas is the ONLY state that imposes the death penalty for “law of parties”. This is why it is so unfair. I understand that it is a big club for prosecutors. If you don’t testify we’ll send you up for murder, etc.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Texas is the ONLY state that imposes the death penalty for “law of parties”. This is why it is so unfair. I understand that it is a big club for prosecutors. If you don’t testify we’ll send you up for murder, etc.</p>
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		<title>By: squid696</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931714</link>
		<dc:creator>squid696</dc:creator>
		<pubDate>Thu, 30 Aug 2007 15:51:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931714</guid>
		<description>&lt;p&gt;To all of you that are bashing Texas about this, this is the wrong case to bash Texas about. Every State holds conspirators to a crime responsible for the acts of the other conspirators. Every State. Mr. Foster was involved in the armed robbery of several people that night. &lt;/p&gt;
&lt;p&gt;Can any of you truly say that he had no idea that one of his partners who was ROBBING PEOPLE WITH A GUN that night might kill someone? Grow up. The idea that you can’t be punished for murder unless you intended to kill someone and you pulled the trigger is nonsense. &lt;/p&gt;
&lt;p&gt;Conspiracy and felony murder laws are based on the idea that we don’t want people conspiring to commit armed robbery’s because things are likely to go wrong and people get killed. That is why we punish them the same as murder. If you don’t like Texas or the death penalty fine, but what Texas did here is no different than what many other States would have done.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>To all of you that are bashing Texas about this, this is the wrong case to bash Texas about. Every State holds conspirators to a crime responsible for the acts of the other conspirators. Every State. Mr. Foster was involved in the armed robbery of several people that night. </p>
<p>Can any of you truly say that he had no idea that one of his partners who was ROBBING PEOPLE WITH A GUN that night might kill someone? Grow up. The idea that you can’t be punished for murder unless you intended to kill someone and you pulled the trigger is nonsense. </p>
<p>Conspiracy and felony murder laws are based on the idea that we don’t want people conspiring to commit armed robbery’s because things are likely to go wrong and people get killed. That is why we punish them the same as murder. If you don’t like Texas or the death penalty fine, but what Texas did here is no different than what many other States would have done.</p>
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		<title>By: Theresa</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931666</link>
		<dc:creator>Theresa</dc:creator>
		<pubDate>Thu, 30 Aug 2007 15:21:04 +0000</pubDate>
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		<description>&lt;p&gt;The “justice” system in Texas is beyond barbaric.  I wonder how many people have been executed that ended up being innocent?  “Oops, my bad” just doesn’t cut it.&lt;/p&gt;
&lt;p&gt;Texas needs to be carved out and set off on its own or give it back to Mexico.  That is one state that I am not proud to say is part of our country.&lt;/p&gt;
&lt;p&gt;I’d love to go to Austin, but on principal, will never again set foot in the state of Texas (unless it, unforunately, involves a layover at the airport).&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The “justice” system in Texas is beyond barbaric.  I wonder how many people have been executed that ended up being innocent?  “Oops, my bad” just doesn’t cut it.</p>
<p>Texas needs to be carved out and set off on its own or give it back to Mexico.  That is one state that I am not proud to say is part of our country.</p>
<p>I’d love to go to Austin, but on principal, will never again set foot in the state of Texas (unless it, unforunately, involves a layover at the airport).</p>
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		<title>By: toby martin</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931409</link>
		<dc:creator>toby martin</dc:creator>
		<pubDate>Thu, 30 Aug 2007 12:08:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-931409</guid>
		<description>&lt;p&gt;To BHatten: You missed my point entirely.  Your basic premise was that all life is sacred.  My self-defense analogy was intended to illustrate the fact that your premise is flawed, because sometimes a person’s own actions render his life less than sacred.  We all agree it is OK to kill an attacker, therefore we are saying that the attacker’s life is not sacred.&lt;/p&gt;
&lt;p&gt;To MarkH:  The left is just as incoherent about life as the right is.  We oppose war and the death penalty on principle, but allow aborions for fetuses that are technically viable.  If the left was truly principled on this issue, we would allow pregnancy termination only in the first few months.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>To BHatten: You missed my point entirely.  Your basic premise was that all life is sacred.  My self-defense analogy was intended to illustrate the fact that your premise is flawed, because sometimes a person’s own actions render his life less than sacred.  We all agree it is OK to kill an attacker, therefore we are saying that the attacker’s life is not sacred.</p>
<p>To MarkH:  The left is just as incoherent about life as the right is.  We oppose war and the death penalty on principle, but allow aborions for fetuses that are technically viable.  If the left was truly principled on this issue, we would allow pregnancy termination only in the first few months.</p>
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		<title>By: Peter</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-930978</link>
		<dc:creator>Peter</dc:creator>
		<pubDate>Thu, 30 Aug 2007 03:49:26 +0000</pubDate>
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		<description>&lt;p&gt;Oops - obviously I meant ‘principle’, not principal. :)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Oops &#8211; obviously I meant ‘principle’, not principal. :)</p>
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		<title>By: Peter</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-930576</link>
		<dc:creator>Peter</dc:creator>
		<pubDate>Thu, 30 Aug 2007 01:45:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-930576</guid>
		<description>&lt;p&gt;As others have said here - if you’re opposed to the death penalty on principal - then the facts of this case should be irrelevant. &lt;/p&gt;
&lt;p&gt;Presumably you wouldn’t care if Foster had pulled the trigger himself, and laughed while he did it, and shot five other people that night.&lt;/p&gt;
&lt;p&gt;The “technicality” he was convicted of is essentially felony murder. People are charged and convicted of that all the time.&lt;/p&gt;
&lt;p&gt;The purpose of the law is to discourage just the kind of behavior that Foster was engaged in - being the wheel-man for a night of violent robberies and carjackings.&lt;/p&gt;
&lt;p&gt;Perhaps the next car-jacker wannabe will have a harder time finding someone to give him a lift to the scene of his next crime.&lt;/p&gt;
&lt;p&gt;If you want to know why the GOP can too often paint the Dems as ’soft on crime’, they don’t have to look much further than here.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>As others have said here &#8211; if you’re opposed to the death penalty on principal &#8211; then the facts of this case should be irrelevant. </p>
<p>Presumably you wouldn’t care if Foster had pulled the trigger himself, and laughed while he did it, and shot five other people that night.</p>
<p>The “technicality” he was convicted of is essentially felony murder. People are charged and convicted of that all the time.</p>
<p>The purpose of the law is to discourage just the kind of behavior that Foster was engaged in &#8211; being the wheel-man for a night of violent robberies and carjackings.</p>
<p>Perhaps the next car-jacker wannabe will have a harder time finding someone to give him a lift to the scene of his next crime.</p>
<p>If you want to know why the GOP can too often paint the Dems as ’soft on crime’, they don’t have to look much further than here.</p>
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		<title>By: MarkH</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-930505</link>
		<dc:creator>MarkH</dc:creator>
		<pubDate>Thu, 30 Aug 2007 01:16:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-930505</guid>
		<description>&lt;p&gt;&lt;a href=&quot;#comment-929695&quot;&gt;&lt;em&gt;Margot @ 102&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;
…&lt;br /&gt;
When I moved to Ohio from NM, I mentioned to a co-worker something about the Kent State killings. “They deserved it,” she said.&lt;br /&gt;
It isn’t just Texas.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;She may have thought that all who were killed had been in the large protest group. They weren’t. Ignorance is definitely bliss. Immorality is simply intolerable.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-929695"><em>Margot @ 102</em></a></p>
<blockquote><p>
…<br />
When I moved to Ohio from NM, I mentioned to a co-worker something about the Kent State killings. “They deserved it,” she said.<br />
It isn’t just Texas.</p>
</blockquote>
<p>She may have thought that all who were killed had been in the large protest group. They weren’t. Ignorance is definitely bliss. Immorality is simply intolerable.</p>
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		<title>By: MarkH</title>
		<link>http://firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-930486</link>
		<dc:creator>MarkH</dc:creator>
		<pubDate>Thu, 30 Aug 2007 01:07:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/08/29/barbarism-cloked-in-the-black-robes-of-justice/#comment-930486</guid>
		<description>&lt;p&gt;&lt;a href=&quot;#comment-929638&quot;&gt;&lt;em&gt;Badwater @ 50&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;Texas is the crime free paradise of the US because executions stop all crime.  At least that’s what the Republics say.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;What IS the crime rate there and how does that compare to other states? How about for just violent crime or crimes using a firearm?&lt;/p&gt;
&lt;p&gt;It makes no sense for them to be ‘pro life’ and ‘pro death’ except that the underlying idea is that they want to be able to say THEY control YOU completely, from birth to death. They say the Dems run a ‘nanny state’, but it’s the Repubs who want to manipulate and control everything…to fight terrorism I suppose.&lt;/p&gt;
&lt;p&gt;Sickos.&lt;/p&gt;
&lt;p&gt;Incidentally, everybody has got to see Michael Moore’s movie Sicko. It’s very good.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-929638"><em>Badwater @ 50</em></a></p>
<blockquote><p>Texas is the crime free paradise of the US because executions stop all crime.  At least that’s what the Republics say.</p>
</blockquote>
<p>What IS the crime rate there and how does that compare to other states? How about for just violent crime or crimes using a firearm?</p>
<p>It makes no sense for them to be ‘pro life’ and ‘pro death’ except that the underlying idea is that they want to be able to say THEY control YOU completely, from birth to death. They say the Dems run a ‘nanny state’, but it’s the Repubs who want to manipulate and control everything…to fight terrorism I suppose.</p>
<p>Sickos.</p>
<p>Incidentally, everybody has got to see Michael Moore’s movie Sicko. It’s very good.</p>
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