State v. Santiago

Citation122 A.3d 1,318 Conn. 1
Decision Date25 August 2015
Docket NumberNo. 17413.,17413.
CourtSupreme Court of Connecticut
PartiesSTATE of Connecticut v. Eduardo SANTIAGO.

318 Conn. 1
122 A.3d 1

STATE of Connecticut
v.
Eduardo SANTIAGO.
*

No. 17413.

Supreme Court of Connecticut.

Argued April 23, 2013.
Decided Aug. 25, 2015.


122 A.3d 8

Mark Rademacher, assistant public defender, for the appellant (defendant).

Harry Weller, senior assistant state's attorney, with whom were Matthew A. Weiner, deputy assistant state's attorney, and, on the brief, Kevin T. Kane, chief state's attorney, Gail P. Hardy, state's attorney, Susan C. Marks, supervisory assistant state's attorney, and Marjorie Allen Dauster, Donna Mambrino and John F. Fahey, senior assistant state's attorneys, for the appellee (state).

Constance de la Vega, pro hac vice, and Hope R. Metcalf, New Haven, filed a brief for experts on international human rights and comparative law as amicus curiae.

Alex V. Hernandez and Brian W. Stull filed a brief for legal historians and scholars as amicus curiae.

Sandra J. Staub, David J. McGuire and Lauren R. Masotta filed a brief for the American Civil Liberties Union Foundation of Connecticut as amicus curiae.

Kent S. Scheidegger, pro hac vice, and Judith Rossi, Rocky Hill, filed a brief for the Criminal Justice Legal Foundation as amicus curiae.

ROGERS, C.J., and NORCOTT, PALMER, ZARELLA, EVELEIGH, McDONALD and ESPINOSA, Js.**

Opinion

PALMER, J.

TABLE OF CONTENTS
Page
I. STATE CONSTITUTIONAL PROHIBITIONS AGAINST CRUEL AND UNUSUAL PUNISHMENT 13
A. Federal Constitutional Standards 15
1. Inherently Barbaric Punishments 16
2. Excessive and Disproportionate Punishments 17
3. Arbitrary or Discriminatory Punishments 18
B. Relevant State Constitutional History 20
1. Preconstitutional Legal Traditions 20
2. 1818 24
C. Relevant Constitutional Text 27
D. Relevant Connecticut Precedents 29
E. Persuasive Sister State Precedents 30
F. Conclusion 31
II. THE DEATH PENALTY FAILS TO COMPORT WITH CONTEMPORARY STANDARDS OF DECENCY 31
A. Historical Development 35
B. Legislative Enactments 39
C. Current Practice 48
D. Laws and Practices of Other Jurisdictions 50
E. Opinions and Recommendations of Professional Associations 53
F. Conclusion 54
III. THE DEATH PENALTY IS DEVOID OF ANY LEGITIMATE PENOLOGICAL JUSTIFICATIONS 55
A. Deterrence 57
B. Retribution 61
1. Legislative Judgments 62
2. Delays 62
3. Possibility of Error 64
4. Caprice and Bias 66
C. Vengeance 71
D. Conclusion 73
IV. RESPONSE TO THE DISSENTING JUSTICES 74
A. Whether the Questions Decided Are Properly before the Court 74
1. Arguments Allegedly Not Raised by the Defendant 74
2. Opportunity for Briefing 77
3. Extra–Record Materials 77
B. Connecticut's Historical Acceptance of Capital Punishment 79
C. Whether Deference to the Legislature
...

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117 cases
  • State v. Bartol
    • United States
    • Supreme Court of Oregon
    • October 7, 2021
    ......Georgia , 428 U.S. 153, 174 n. 19, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976) (opinion of Stewart, Powell, and Stevens, JJ.) (citing Weems , 217 U.S. at 371-73, 30 S.Ct. 544 ); see also State v. Santiago , 318 Conn. 1, 135, 122 A.3d 1 (2015) ("When an appellate court is asked to pass on the constitutionality of a mode of punishment, it is, almost invariably, after a defendant has been found guilty of a crime and sentenced in accordance with a duly enacted penal statute. If the fact that an elected ......
  • State v. Jerzy G.
    • United States
    • Supreme Court of Connecticut
    • July 11, 2017
    ......See State v. Callahan, 108 Conn. App. 605, 611, 949 A.2d 513 (termination of program of accelerated rehabilitation is subject to review for abuse of discretion), cert. denied, 289 Conn. 916, 957 A.2d 879 (2008) ; see also State v. Santiago, 318 Conn. 1, 140–41, 122 A.3d 1 (2015) (Norcott and McDon 326 Conn. 230 ald, Js., concurring) (addressing issue that was moot and that had not been briefed by parties because concurring justices "[felt] compelled" to do so). It was perfectly reasonable for the trial court to conclude that ......
  • State v. Rios, AC 36987
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    • Appellate Court of Connecticut
    • February 28, 2017
    ...... Santiago , 318 Conn. 1, 127, 122 A.3d 1 (appellate courts permitted to take notice of extra-record materials, including scientific and sociological studies). Less than half of the surveyed individuals who do not have a tattoo believe that those with tattoos are "more rebellious." The Harris Poll, supra. 12 ......
  • State v. Ashby
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    • Supreme Court of Connecticut
    • August 6, 2020
    ......See, e.g., State v. Peeler , 321 Conn. 375, 377, 140 A.3d 811 (2016) ; State v. Santiago , 318 Conn. 1, 85–86, 122 A.3d 1 (2015). 8 A defendant's right to counsel under the sixth amendment is made applicable to the states through the due process clause of the fourteenth amendment to the United States constitution. See, e.g., State v. Leconte , 320 Conn. 500, 505 n.2, 131 A.3d ......
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7 books & journal articles
  • Chapter 10 Capital Cases
    • United States
    • Carolina Academic Press Wrongful Conviction: Law, Science, and Policy (CAP) 2019
    • Invalid date
    ...Through Expanded Voir Dire," 29 Hofstra Law Review 1209, 1220-31 (2001).[54] The Connecticut Supreme Court ruled in State v. Santiago, 122 A.3d 1 (Conn. 2015), that offenders sentenced to death prior to the legislative repeal of the state's death-penalty law could not be executed in keeping......
  • A Survey of Criminal Law Opinions
    • United States
    • Connecticut Bar Association Connecticut Bar Journal No. 93, 2021
    • Invalid date
    ...180 Conn. App. 116, 182 A.3d 696, cert, denied, 329 Conn. 905, 185 A.3d 595 (2018). [26] 222 Conn. 672, 685, 610 A.2d 1225 (1992). [27] 318 Conn. 1, 122 A.3d 1 (2015). [28] Moore, 180 Conn. App. at 127 (citing State v. Santiago, 318 Conn. 1, 17-46. 122 A.3d 1 (2015)). [29] 184 Conn. App. 76......
  • A Survey of Criminal Law Opinions
    • United States
    • Connecticut Bar Association Connecticut Bar Journal No. 90, 2017
    • Invalid date
    ...Assistant Public Defender, for her editing and advice and Alexandra Georgieva for her invaluable help with research and organizing. [1] 318 Conn. 1, 122 A.3d 1 (2015). [2] 321 Conn. 375, 140 A.3d 811 (2016). [3] 305 Conn. 101, 49 A.3d 566 (2012). [4] State V. Santiago (Santiago Ii), 318 Con......
  • The Remarkable Tenure of Justice Richard Palmer
    • United States
    • Connecticut Bar Association Connecticut Bar Journal No. 93, 2021
    • Invalid date
    ...a judge were illuminating: they serve as a durable guidepost for any jurist. [28] Chung, 245 Conn, at 434, n.7 (citations omitted). [29] 318 Conn. 1, 122 A. 3d. 1 (2015). Justice Palmer either authored or was a member of the majority in each of the cases, preceding Santiago, in which the co......
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