In the news recently was the trial of Michael Gargiulo. Gargiulo, known as the Hollywood Ripper. He stalked his victims over the course of 15 years. He was arrested by Santa Monica Police Officers on June 6, 2008. He was convicted on August 15, 2019. He spent the last ten years in jail awaiting a court trial. According to prosecutors, this unnecessary delay is the result of his changing attorney’s several times and requesting a continuance so each new lawyer could properly prepare for trial. He was on attorney’s 9 and 10 in the final phase of his trial, which started May 2, 2019. Charles Ng, also a convicted murderer, now on death row, delayed his Orange County murder trial by ten years. He is responsible for 10-25 deaths. Both juries recommended the death penalty. California voters approved Proposition 7 in 1978, reaffirming the death penalty after Rose Bird, Chief Justice of the California Supreme Court, declared the death penalty unconstitutional. In 2016 California voters voted against Proposition 62 which would have converted death penalty convictions to life imprisonment and forced labor without parole. On March 12, 2019, Governor Gavin Newsom suspended the death penalty yet jurors still sentence convicted murderers to the death penalty.
You are required to research your topic and provide citations/references for your work. Your discussion will be submitted through Vericite as a plagiarism detection tool to determine proper citations and that you did your own work and did not use the words of others without notations.
You are required to provide at least two citations/reference sources for each part below.
Your Discussion Question has two parts, be sure and provide a response to cover each. Remember this course is about Due Process of Law, that is, following the U.S. Constitutional guidelines. This class is about procedure. Watch your word count of 250 words for each response. For free word count, go to: https://wordcounter.net/
1. Do you think there should be a time limit on how long a person charged with a serious felony can delay a trial? Explain your answer using Michael Gargiulo or Charles Ng as an example, or other examples you may find. Review the 6th Amendment which provides for a speedy trial yet places no limits on delays. Is that fair to the victims and witnesses to delay the trial by 10 years?
2. Do you agree with the moratorium on the death penalty enacted by Governor Newsom? Can a Governor simply halt a law passed by the legislature and voted upon by the people of the state? Consider also if convicted and the death penalty is sentenced, should Michael Gargiulo be executed? Explain your reasoning.
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