California's system for imposing and carrying out the death penalty is so long and drawn-out that it amounts to cruel and unusual punishment and thus is unconstitutional, a federal judge ruled on Wednesday.
Ruling in the case of Ernest Dewayne Jones, who was condemned to death in 1995 and has yet to be executed, Judge Cormac J. Carney of the U.S. Central District of California said that to take "nearly a generation" to decide on Jones' appeals was unconstitutional.
As part of the ruling, Carney vacated the death penalty sentence in Jones' case.
"The dysfunctional administration of California's death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay," Carney wrote in his opinion, filed on Wednesday.
"Allowing this system to continue to threaten Mr. Jones with the slight possibility of death, almost a generation after he was first sentenced, violates the Eighth Amendment's prohibition against cruel and unusual punishment."
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