The Abolitionist Pages
An Association of Individuals and Organizations Opposed
to the Death Penalty

 

HomePage

 

  This Page is maintained by
James Joseph Lynch, Jr.
Attorney At Law

 
 

"We, the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution for the United States of America." U.S. Constitution, Preamble

 

"Excessive bail shall not be required, or excessive fines imposed, nor cruel and unusual punishments inflicted."  8th Amendment.

 
 

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People." 10th Amendment.

  The [10th] Amendment states but a truism that all is retained which has not been surrendered . . . is not without significance." United States v. Darby, 312 U.S. 100, 124 (1941)  
 

Arguments Against the Death Penalty

 
    We, the People, are the sovereignty. Scott v. Sanford.

Common Law titles of Nobility (Sovereign immunity?) have been abolished.  U.S. Const., Art. I, §§ 9 & 10.

Our federal system is one of delegated powers. 10th Amendment

At common law, a person could, and currently can, delegate only those powers which the person had.

At common law, a person had, and still has, the right to self-defense with reasonable force, and deadly force only if reasonable. Once the aggressor is reduced to helplessness, the right to use force ceases.

As the government has only delegated power to defend society with reasonable force, and deadly force only if reasonable, it follows that once the person is arrested and incarcerated, the right to use further force, i.e. death penalty, ceases.  Lynch,Emerging Standards of Decency and Sovereignty(1988)

 
  After Innocence - A must see film - Now showing in Sacramento & most areas (Click for more information)  
 

NEW!

 
 

Recent Case Summaries from USSC

 
  Roper:  Thou shalt not execute for crimes committed when under age 18  
  Atkins:  Thou shalt not execute the mentally incompetent (Under IQ of 70?)  
     
 

NEW!

 
 

Death Penalty Amici Briefs in USSC

 
  Harris Petition Brief  
  Rompilla Brief by Amici  
  Rompilla Brief by Petitioner  
     
 

 

  Articles By James Joseph Lynch, Jr.

 
 

Rise, Fall & Resurrection of Diminished Capacity

 
 

DEATH IN THE SUPREME COURTS: AN ANTHOLOGY OF CASES AND MATERIALS

 
 

EMERGING STANDARDS OF DECENCY & SOVEREIGNTY: The Death Penalty Is Justified, If At All, Only When the State Demonstrates Beyond A Reasonable Doubt That It Cannot Control Defendant’s Conduct By Mere Incarceration.

SENSORY AND CULTURAL DEPRIVATION IN CHILDREN (1996)

 
     
 

John Paul II meets and forgives his would-be assassin, Turkish terrorist Mehmet Ali Agca, in Agca's prison cell in Rome on Dec. 27, 1983.

If he can forgive …. Why can’t I?

 
     
 

Additional Recommended Readings

 
 
  • Edna Erez, “Thou Shalt Not Execute: Hebrew Law Perspective on Capital Punishment,” Criminology                                        19.1 (May 1981)
  • Hanks, Capital Punishment and the Bible (Scottsdale, Pa; Herald Press, 2002)
  • Megivern, CAPITAL PUNISHMENT: THE CURIOUS HISTORY OF ITS PRIVILEGED PLACE IN                                         CHRISTENDOM (PROCEEDINGS OF THE AMERICAN PHILOSOPHICAL SOCIETY, 147:1                                         MARCH 2003)

 

   

 

Organizations Supporting
A Moratorium on Death Penalty

 
 
 

Coming Events

 
 
  •  DPF, Sacramento Chapter, 2nd Tuesday Each Month, 6:00 p.m. - 8:00 p.m. Westminster, 13th & N Streets, Sacramento, CA

  •  Essay Contest for High School and Junior High School Students. Annually. Email to register.  Deadline March 1 each year.
  •  Third Monday of each month: Vigil on North Steps of Capital. 12:00 p.m. to 1:00 p.m.
  • January 17, 2006, 10:30 p.m., Execution Vigil  Clarence Ray Allen February 20, 2006, 10:30 p.m.  Execution Vigil Micheal Morales

 
 

Death Penalty Focus, California
Someone on Death Row?
Need help?
Call us: (888) 222-6547

 

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Last updated: 08/12/04