State v. Santiago
Citation | 122 A.3d 1,318 Conn. 1 |
Decision Date | 25 August 2015 |
Docket Number | No. 17413.,17413. |
Court | Supreme Court of Connecticut |
Parties | STATE 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.
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 |
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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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