The Death Penalty for the Colorado Theater Gunman?

By Lawyers.com Editor in Chief - Larry Bodine

I know what a lot of you are thinking.

The creepy psychopath who shot 70 people in a theater in Colorado two weeks ago should get the death penalty.

He certainly has earned it. Retribution is a legal basis for punishment. Murder is punishable by death in Colorado so long as one of 17 aggravating factors is present, such as serious bodily injury caused to the victim or the use of a weapon in the commission of a crime.

The District Attorney is interviewing family members about the case and is considering asking for the death penalty. They are difficult cases to prepare, cost millions in defending the endless appeals and take decades to carry out.

Colorado has carried out only one execution, in 1997. There are three men on death row in Colorado, one of them for 19 years since he was sentenced. Prosecutors are asking themselves whether they want to put the families of the victims through this.

Life in prison is an option. He could be sentenced to rot behind bars like Charles Manson, who's been behind bars for 41 years. Or he could get killed in prison, like Jeffrey Dahmer who was beaten to death with a broom handle by another inmate.

Guest Post written by Larry Bodine, Editor in Chief at Lawyers.com. Follow @larrybodine for updates on consumer legal news.

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What punishment do you think fits the crime?

[DerivePI]

I'll let God take care of the punishment. He's better at justice than we are. As for us, the expedient trial, and if found guilty, execution of a murderer should be streamlined. If Colorado can't handle it, send him to Texas. They still have a desire to do the right thing.

[desertstorm]

really? What about the ft. hood shooter? he killed more. still not gone to trial. is politics involved again?

[classychazy]

Death by firing squad seems appropriate to me!

[Bobolinsky]

Hell when it comes to James Holmes, I'd be willing to look the other way while the vengeful among us gave him a public acid bath.

[Fishbone345]

I think Utah was the last state to use the Firing Squad. Ronnie Lee Gardner I believe. Utah has used that method a few times.

[Keyjo]

I think we should either use firing squads or the guillotine to execute: if we really feel we MUST use execution as punishment. Either is cheaper, swifter, more humane than the current lethal injection, electric chair or gas chamber.
Personally, I am opposed to the death penalty. There have been far too many cases, since the introduction of DNA evidence, of innocent people being initially found guilty and later vindicated.
I think there is little doubt about this guy's guilt, other than he may be mentally ill. But that's for due process to decide: not, us or the media.

[Fishbone345]

Actually Keyjo, Firing Sqaud deaths depend on a lot of factors. Several men or women have to be involved in the process of killing as opposed to an MD who may see death quite a bit. A gunshot wound could take quite some time to die depending on where the shot was placed and they don't tell them who has the live rounds.
The guillotine? Less savage? It's been determined that a head can function up to a minute before the brain dies off. There are several cases on the net about decapitation and recognition.
I dunno brother, not convinced on those.

[BrownEyedGirl3]

I am usually not for the death penalty for many reasons. But, if he could be put to death very soon I think this would be the exception for my beliefs. He killed a lot of innocent people, with meticulous planning and forethought, and he doesn't seem to give a rat's butt now. But, in all actuality if he get the death penalty or life in prison, it's going to be the same outcome. He will rot in jail waiting to be put to death or rot sitting out his life sentence.

[thatGuy]

No appeals aloud after sentence. With death being the end of the road & his long after life in hell..

[srennelkztirF]

Whatever they do, his brain should be kept intact and donated to (or confiscated for) science for some kind of preventive study.

[Bobolinsky]

And during his long wait for his date with destiny, I hope the shrinks have plenty of opportunity to study his brain while the synapses are still firing.

[Fishbone345]

Great idea! I'm pleased you brought it up.
Side note, prisoners are considered Wards of the State. Therefore they are not allowed to refuse medical treatment that the state seems necessary. So the idea has merit!!

[MongoAPillager]

hey fritz study this www.westernjournalism.com/something-stinks-in...

[wzwierlein]

you can not have justice served if they sit on death row for 20 years... they spend millions upon millions on people in the prison system and their are alot of them who should not be there because they are on death row and were suppose to be put death along tome ago..... just do it like they did in the old days take them to trial find them guilty and then hang them in the center of town its called swift justice

[Bobolinsky]

I give credit where credit is due Larry, that's an article that doesn't beg the reader to take one side or another like most everything else on this site.

I've been clear that I oppose the death penalty but not with much enthusiasm. If there is a malfunction during the execution and James Holmes experiences excruciating pain as a result... I'll chuckle and not feel guilty about it.

It's the people that are a little closer to the "compassion limit" for me that I'm concerned. People for whom mitigating factors call into question the cruel and unusual clause" the most. People like minors, the insane, and the mentally disabled.

That said, I still don't like Larry...(rainmaking is now "Law Marketing" I guess)

Larry Bodine, LawMarketing Blog: Helping law firms get new clients and earn more revenue
http://blog.larrybodine.com/

This webpage used to be a very professionally done website that boldly identified Larry Bodine as a "Rainmaker"
http://www.larrybodine.com/

Until July 6th that is...
http://politix.topix.com/health-care/1352-cri...

Scrubbing a word from your vocabulary because it's worn out it's usefulness doesn't change the nature of the person who did the scrubbing. especially when the "scrubbing" isn't complete.

Tips from Rainmakers on Selling Legal Services
http://blog.larrybodine.com/2012/06/articles/...

...but at least I give him credit for a pretty straight up article.

Or I coud look at this in Hegelian terms. Maybe the thought process for Larry Bodine is that the consensus on this site is that no one cares about the ultimate fate of James Holmes so to use it as a vehicle to frame the death penalty debate... Larry quickly defined the "thesis" which is that the death penalty is a just means of punishing the worst of the worst. He did this in the second paragraph.

The rest of the article is a listing of reasonable alternative perspectives all designed to lead the reader to the anti-thesis (which I already believe) which is that the death penalty is a method of law enforcement that we can safely leave to history.

[renee]

I also opposse the death penalty cutelinsky, and what leaves me in shock is that most christians support the death penalty when the bible so clearly states "thou shalt not kill" then where is the tolerance of christianity on humans that make fatal mistakes like the one in Aurora? There are more alternatives for punishment than the death penalty, i agree with you.

[Fishbone345]

Ignored Renee. Along with another well know Bible passage, "Judge Not"

[Fishbone345]

I don't like the Death Penalty because it doesn't work for the intended purpose. As a deterrent it's on shaky ground, the states with the highest use of it still boast some of the highest murder rates countrywide. The 2010 FBI Crime Report shows that the South while having the highest total of executions (1066 since the 70's), still has the highest murder rate per 100,000 (5.6). The Northeast which accounts for less than 1% of all executions tied with the West for lowest murder rate per 100,000 (4.2).
I don't like it because it makes us murderers. No better than the people we intend it for. There have been 140 exonerations. From 1973 to 1999 there was an average of 3 per year. From 2000 to 2011 there have been an average of 5 per year.
I don't like those odds that we are killing innocent people. That makes us no better than any of the countries we speak out against. Don't try to justify this, any innocent life killed is too many.

[Bobolinsky]

Won't get any argument from me Fishbone. This line of yours is what tips the scales for me.

"I don't like those odds that we are killing innocent people."

Like I said, I'm not passionate about abolishing it, if only because my passions are caught up in other issues. But Like you say, the deterrent effect is negligible and the cost make it even more expensive.

But ultimately I believe we don't need the death penalty, it would cease to be an issue that other countries hold against us and if it was abolished, we'd eliminate the chance that we would deprive an innocent person of their right to life.

[Fishbone345]

Exactly Bobo. I think that's where the Pro Death Penalty side misses the point of what some of us on the other side are saying.
I don't oppose it for James Holmes sake. I oppose it for my sake, and the sake of my children. I want to separate from what he is, rise above it and teach the young that we aren't like that. We aren't animals. Respect for life is one of the greatest things you can have, and that's the lesson I want my children to walk away with.
And what happens if we put someone to death who was innocent? What then? Well that day Bobo, we become murderers. All of us. We all share the blame that day and we are no better than any of them on Death Row.

[FollowTheMoney]

Once again, The Law ignores common since. Millions of dollars and decades wasted because members of the legal industry are afraid to seek responsibility and take responsibility for what needs to be done. Cowards all. They are scared to death that they could lose their meal ticket by doing the right thing. Once due process has been served, carry out the sentence. Push the button, pull the trigger, turn the key,or whatever it takes to get job done. Stop looking to someone else to do your job. Damn.......

[Keyjo]

The appeals process IS part of "due process." Yes, our justice system is very drawn out in murder cases. Expensive and long. But it is designed to (hopefully) keep us from making, or at least limiting, mistakes. We are ALL entitled to it. You the same as me, he the same as us.

[FollowTheMoney]

Nope, Sorry but this case if different. There is absolutely no doubt what so ever that he killed all these people. There are dozens of witnesses that saw him do what he did. Sure give him a trial, When found guilty, sentence him, then carry out the sentence. Period. Of course, I understand the law and why it was laid out the way it is, and your right. But, there in lies the flaw. It was written with the expectation of the lawyers having integrity and common sense. both of which no longer exist in the legal industry. Those two traits have been replaced with greed and ambition.

[FollowTheMoney]

You know the more I think about it, the more it seems to me that it comes down to the spirit of the law verses the letter of the law. In that battle is where the lawyers really cash in, and the country at large suffers.

And by the way, If your ever in a court room and you look around and find that your the only one not being paid to be there.....Your screwed.

[banana]

Can you people not see he is mentally ill? If thats the case why not round up all the paranoid schizophrenics and execute em all?

[Bobolinsky]

Because we aren't all bananas

[MongoAPillager]

well if they kill someone or commit crimes round them up of course,who said any thing about round up innocent schizo's,just common sense

[MongoAPillager]

took a second read Bobo,nice interjection :=}

[FollowTheMoney]

Mentally ill?....Well yeah, Duh.... Of course he's mentally ill. He walked in to theater and killed a bunch of people. So.... Put him down. Get him off the planet. I never have understood what mental illness has to do with it.

[Jackie312gm]

Murder is murder...there should be laws or a criteria that this case should meet. Thi is a special case of an intelligent well educated mo____ fuc___!! Living in the best country on earth, and murdered AMERICANS. As a marine I would PROUDLY EXECUTE this useless mutan bastard. I will protect America and all Americans from all enemies foreign and domestic!!!!

[Lorth]

I used to be pro death penalty until I truly understood your first three words.... Murder is murder.

[Bobolinsky]

That's true in one sense Lorth. But even our legal system acknowledges that not all murder is equal. Only certain degrees of murder are punishable by death and some taking of life isn't called murder at all. It's called self-defense, killing-in-action or lawful execution.

[MongoAPillager]

i don't give a flying crap if you got mental problems,you kill someone on purpose that is innocent, you die.if you are of adequate mental state to commit the crime you are of adequate mental state to prosecuted

[renee]

I don't think the death sentence is the answer, if he did this horrible crime that means he would do it again im society, but again the death penalty is not the answer, life in prison without the possibilty of parole and in isolation can be the answer for punishment.

[Truthinesss]

Against death penalty but ok with abortion....interesting...

[renee]

What is intresting is that you are talking about two diferent things here, that guy committed murder and should be punished but not with murder, with life in prison and no parole whatsoever, on the other hand abortion ,christians call it murder just like gays call prohibition of gay marriage "hate" having an abortion is not killing a person is preventing a fetus from forming ,big difference! Abortion opposers infringe women the right to make their own desicions on wheter they want the baby or not, is like denying women also the right Ty o marry, do i make sense? Abortion is not murder is a right that women should have to prevent a "fetus" not a person to take form.

[Fishbone345]

Ever notice how Pro Lifers are all for that child's life, right up until the poor sucker is born. Then it's basically, "F$&@ You our work here is done!"

[Fishbone345]

Renee, I'm not sure how I feel about Abortion and I'll tell you why, if you care. Heh.
When I took a job at the University Hospital, I signed on with a facility that terminates pregnancies. In cases where the fetus is so massively unable to develop normally, or in the case of a very late miscarry, or on cases where the mothers life is hanging in the balance. Otherwise our abortion laws are in line with the nation.
When I was in the first one, I felt it wouldn't affect me. Until I was looking at the specimen container and an intense feeling of melancholy rushed over me.
It's easy to take a side in something of this nature, until it's right there staring you in the face. Then it becomes a bit harder.

[renee]

I think the abortion issue is way more complicated for oppossers than gay marriage is. I mean this with accepting it.

[CommonSense]

If they have the death penalty, then I see nothing wrong with using it on this guy, unless it would cost more, then let's give him life in prison without parole.
But I'm against having it on the books in the first place, because innocent people might be executed. It's especially a risk because when the jury is asked whether to sentence someone to death they are not allowed to consider "innocence" at that point, just whether the person's life is worth saving. An innocent person would still be saying they were innocent and that would make them look remorseless, so innocent people wrongfully convicted actually have a greater chance of being put to death than someone rightfully convicted.
There's plenty of evidence that innocent people are sometimes executed. In one case, Herrera v. Collins the Supreme Court ruled that evidence of actual innocence does not require a new trial and they can execute you anyways.

[Fishbone345]

How about a cell, where the only thing he can watch and listen to is a montage of the victims and their family. Over and over and over again. Till he announces he's ready to kill himself, upon which we provide the cheapest, most painful way.

[Bobolinsky]

LOL. i guess this is a free fire zone for James Holmes on this thread.:)

Not the result Larry was looking for I imagine ;)

[Keyjo]

I don't know what Larry was expecting then.
Passions are running very high and will continue to do so for many years.

[CanadianIndy]

I say put him in prison for life, but make him wear a shirt every day that says "I shot 70 defenseless people. Killed 12 of them, including a 9 year old girl." Then make sure the guards pay little heed to him, and we'll save the taxpayers some hard-earned money.

[Vermonter]

This is interesting.

I have always been a death penalty advocate, but now that states are having life with NO CHANCE OF PAROLE I beleive he would be punished more if he is kept in a 6x8 foot cell with a cement bed and a toilet. He is to be kept in that cell 23 1/2 hours a day for his eternity. No cell mates, no communication with anybody other than guards. Never again having the sun shine on his face.

John Gotti killed a lot of people, and he died in circumstances just like this.

[Marie33]

He should be committed to a locked ward in a psychiatric hospital.

[desertstorm]

Nobody wonders "why"? His hair was dyed orange. Did he really think he was the Joker? Has hollywood produced yet another zombie?

What amazes me is that no matter if hollywood was convicted of the crime itself, my wife loves her movies and "hell be damned" if she would let something like this take away her privilege of "living inside the world of movies produced by hollywood".

Only the gospel of Jesus can expose the impious personification of evil emanating from hollywood. Otherwise no one can see it.

Perhaps this guy gets saved in prison, then what? Cant have that, can we?

Even though alcohol kills about 10Xs as many people yet there is no outcry for the abolition of alcohol. licensed selling of alcohol?? it damns the home, manhood, womanhood, business and every other good thing on God's earth. You say for so much a year you can have a license to make staggering, reeling drunken men, and damn the consequences.

It is true govt cant legislate morality. Only free speech can do that.

Abolition of guns is the political correctness weighing in over this catastrophe. Not the real reasons why this occurred. Seems the underlying reason doesnt matter.

I hope he gets saved by the blood of Jesus Christ while in prison, even though he will still have to pay for the sins of the flesh.