# Death Penalty for Peterson; A bad call by the jury? **URL:** \ **Category:** Great Debates\ **Created:** [December 14, 2004, 1:22pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773 "2004-12-14T13:22:56Z")\ **Posts on this page:** 15\ **Page:** 3
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [December 15, 2004, 5:20pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/41 "2004-12-15T17:20:01Z")
> [@Razorsharp](#): > > I don’t either, which is exactly my point. Peterson could have killed his wife in a fit of rage, rather than a premeditated act. There was not enough evidence presented for the jury to find, **beyond any reasonable doubt** , for a 1st degree, premeditated act of murder. So tell us, **Razorsharp** , did you attend every day of the trial? Listen to the examination of the witnesses? Examine all the exhibits? Sit in on the jury deliberations? I’m wondering why the unanimous opinion of twelve people who **did** all those things can be confidently asserted as wrong, but we can be quite sure that one person who read about it in the papers is certain to be correct. > [@Razorsharp](#): > > Therefore, I predict, the judge will overturn the jury’s recommendation when sentencing Peterson. > > Anybody disagree? Don’t know yet. But **BobLibDem** has done a good job of pointing out the difference between verdicts and sentences. If the judge, or some appeals court, finds that there was no reasonable basis for the finding of pre-meditation (assuming that this is the basis for the first-degree sentence, instead of “lying in wait” or one of the other components of first-degree), it will be mentioned at some point. Perhaps **mintry** , **Bricker** , **Dewey** , or one of our other legal eagles could enlighten us. Regards, Shodan ---
**Author:** ![Sat\_on\_Cookie](https://avatars.discourse-cdn.com/v4/letter/s/71c47a/32.png) [@Sat\_on\_Cookie](https://boards.straightdope.com/u/Sat_on_Cookie)\ **Post date:** [December 15, 2004, 5:25pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/42 "2004-12-15T17:25:11Z")
> [@Bricker](#): > > In particular, the judge denied a defense request to “re-enact” the boat disposal portion of the prosecution’s case. In the prosecution’s theory of the crime, Peterson, along with the body of his very pregnant wife, and several home-made concrete anchors, dumped his wife’s body at sea, weighed down with the concrete anchors. The defense sought to show that dumping such a heavy load over the side of a small boat would have been impossible, and would have swamped the boat. In other words, they claimed the prosecution’s theory of the crime was a physical impossibility, and they wanted to demonstrate that to the jury, but were not permitted to do so. I’m not entirely sure of this but I _believe_ that the defense wanted to show a particular video of a particular reenactment (supplied by some guy who just made the video on his own) that did not have the same conditions as Scott Peterson’s boat would have had. ---
**Author:** ![Razorsharp](https://avatars.discourse-cdn.com/v4/letter/r/53a042/32.png) [@Razorsharp](https://boards.straightdope.com/u/Razorsharp)\ **Post date:** [December 15, 2004, 5:49pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/43 "2004-12-15T17:49:39Z")
> [@Shodan](#): > > I’m wondering why the unanimous opinion of twelve people who **did** all those things can be confidently asserted as wrong,… So, you’re wondering why the unanimous opinion of twelve people can be confidently asserted as wrong… I’m thinking of the jury that sat on the trial of Orenthal James Simpson. ---
**Author:** ![Reeder](https://avatars.discourse-cdn.com/v4/letter/r/c6cbf5/32.png) [@Reeder](https://boards.straightdope.com/u/Reeder)\ **Post date:** [December 15, 2004, 6:42pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/44 "2004-12-15T18:42:50Z")
[http://www.courttv.com/trials/peterson/index.html](http://www.courttv.com/trials/peterson/index.html) ---
**Author:** ![Reeder](https://avatars.discourse-cdn.com/v4/letter/r/c6cbf5/32.png) [@Reeder](https://boards.straightdope.com/u/Reeder)\ **Post date:** [December 15, 2004, 6:45pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/45 "2004-12-15T18:45:51Z")
The premeditation evidence… [http://www.courttv.com/trials/peterson/evidence3/premeditation.html](http://www.courttv.com/trials/peterson/evidence3/premeditation.html) ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [December 15, 2004, 7:46pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/46 "2004-12-15T19:46:13Z")
> [@Razorsharp](#): > > So, you’re wondering why the unanimous opinion of twelve people can be confidently asserted as wrong… > > I’m thinking of the jury that sat on the trial of Orenthal James Simpson. Touche. :smack: Regards, Shodan ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 15, 2004, 8:17pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/47 "2004-12-15T20:17:15Z")
> [@Sat on Cookie](#): > > I’m not entirely sure of this but I _believe_ that the defense wanted to show a particular video of a particular reenactment (supplied by some guy who just made the video on his own) that did not have the same conditions as Scott Peterson’s boat would have had. No, the defense asked for the actual boat to be placed in a water tank, or on the Bay, and weights equal to Peterson’s own weight and his 153 pound wife placed on one side. The judge did not permit this demonstration, although he did allow expert testimony that the boat was “very safe” and unlikely to capsize. On cross, the epxert acknowledged that he didn’t know if the boat would capsize or not with that weight on one side. Nor is that the only evidentiary ruling in question. The judge admitted dog tracking evidence, which is permissible under California law, but such evidence is unreliable enough that in other states, it is inadmissible as a matter of law. The testimony of a hypnotized witness was used by the prosecusiton - again legal in California, again considered so suspect it’s automatically inadmissible in many other states. The dismissal of jurors over defense objections will also undoubtedly be a matter of appeal. Defendants have a strong right to have their case heard by the first jury empanled. ---
**Author:** ![Sat\_on\_Cookie](https://avatars.discourse-cdn.com/v4/letter/s/71c47a/32.png) [@Sat\_on\_Cookie](https://boards.straightdope.com/u/Sat_on_Cookie)\ **Post date:** [December 15, 2004, 9:06pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/48 "2004-12-15T21:06:02Z")
Thanks, **Bricker**. That _does_ seem questionable. (But it doesn’t change my opinion). Do you have any idea why the judge would not allow that evidence? It just seems like there has to be more to it. ---
**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\ **Post date:** [December 15, 2004, 9:41pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/49 "2004-12-15T21:41:08Z")
> [@Razorsharp](#): > > So, you’re wondering why the unanimous opinion of twelve people can be confidently asserted as wrong… > > I’m thinking of the jury that sat on the trial of Orenthal James Simpson. And so your point would be…? ---
**Author:** ![Razorsharp](https://avatars.discourse-cdn.com/v4/letter/r/53a042/32.png) [@Razorsharp](https://boards.straightdope.com/u/Razorsharp)\ **Post date:** [December 16, 2004, 1:02pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/50 "2004-12-16T13:02:48Z")
> [@you with the face](#): > > And so your point would be…? That juries have demonstrated themselves to be far, far from infallible. Do you now see the point? ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [December 16, 2004, 1:05pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/51 "2004-12-16T13:05:48Z")
> [@Razorsharp](#): > > That juries have demonstrated themselves to be far, far from infallible. > > Do you now see the point? Which is why we should scrap the death penalty. ---
**Author:** ![GomiBoy](https://avatars.discourse-cdn.com/v4/letter/g/b2d939/32.png) [@GomiBoy](https://boards.straightdope.com/u/GomiBoy)\ **Post date:** [December 17, 2004, 4:55pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/52 "2004-12-17T16:55:53Z")
> [@Razorsharp](#): > > That juries have demonstrated themselves to be far, far from infallible. > > Do you now see the point? [Slight hijack] As an aside, can I just say that I am damn glad that the election is behind us and we all can talk about things in far more rational tones (not excusing myself by any means!). A way of saying, nice one, **Razor** - not intending to sound condescending just that this is an interesting topic well debated by all sides. [/hijack] As to the OP, I do believe that the jury acted from emotion in both the primary trial and in the sentencing phase. Which is part of the reason I am against the death penalty. I don’t think any human agency is devoid of emotion, therefore, I do not believe that any human agency can legitimately decide the death penalty for another human being. I do believe there are crimes worthy of the death penalty, though, but don’t believe we humans are emotionless enough to sentence someone to them. There is an interesting thread going on over [here](http://boards.straightdope.com/sdmb/showthread.php?t=292091&page=1&pp=50) which is relevant to this topic as well if you’d like to give a read. ---
**Author:** ![ridealong](https://avatars.discourse-cdn.com/v4/letter/r/ac91a4/32.png) [@ridealong](https://boards.straightdope.com/u/ridealong)\ **Post date:** [December 18, 2004, 11:54pm UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/53 "2004-12-18T23:54:59Z")
In general, I am against the death penalty. But as long as we have it, a man who murders his wife and unborn child with premeditation is a prime candidate for it, and the evidence against Peterson is pretty persuasive. But I wonder if in a sense Peterson is better off having been sentenced to death rather than life without parole. Based on California’s track record, there is essentially no chance that he will be in danger of execution for decades. Meanwhile, a capital case is subject to levels of review and scrutiny and appeal that would not apply in the case of a life sentence. Several of the most famous/notorious cases of people being unjustly convicted of murder and subsequently freed resulted from teams of lawyers, law students, journalists and others working together to literally save someone’s life. Those resources would very likely never have been expended on someone who was just facing a long prison term. (Makes me wonder how many people sentenced to 25-to-life don’t really belong there.) My point is that it looks to me like Petersen has a better chance of having the verdict overturned or getting a new trial now than he would if he had been sentenced to life. But I’m not a lawyer. Am I wrong here? ---
**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\ **Post date:** [December 19, 2004, 12:39am UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/54 "2004-12-19T00:39:50Z")
> [@Blalron](#): > > It’s odd that the jury is allowed to consider “victim impact” testimony, but is not supposed to consider the impact the execution would have on the defendant’s family. Huh? Or more directly: Why in the world should that matter? Is the perpetrator a victim in your mind? If I commit a heinous crime, but my family is emotionally dependent on me, should my life be spared while someone else’s is not? For the record, I am against the death penalty. ---
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [December 20, 2004, 12:11am UTC](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773/55 "2004-12-20T00:11:17Z")
> [@trandallt](#): > > Huh? Or more directly: Why in the world should that matter? Is the perpetrator a victim in your mind? If I commit a heinous crime, but my family is emotionally dependent on me, should my life be spared while someone else’s is not? What if the person you murdered had no family and no close friends? There’s be nobody to give “victim impact” testimony. Should your life be spared because your victim was a recluse? [Previous page](https://boards.straightdope.com/t/death-penalty-for-peterson-a-bad-call-by-the-jury/279773.md?page=2)