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Edgar tamayo


Enviado por   •  10 de Septiembre de 2015  •  Informes  •  524 Palabras (3 Páginas)  •  144 Visitas

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1. Who are the actors?

The plaintiff is the State represented by the prosecutor and the defendant Edgar Tamayo.

2. Where is classified the crime?

This felony was classified at the Texas’s Criminal Legislation.

3. Who is the judge?

The judge in charge was Lee Yeakel, a United Stated District Judge.

4. Who represents the accuser in court?

The district attorney was the one in charge of representing the charged in the court.

5. Who is the lawyer of the accused?

Mr. Tamayo’s lawyers were Maurie Levin and Sandra Babcock, the government assigned him the lawyers

6. What are the arguments presented by witnesses of the accuser? And the defendant?

Tamayo went to the United States in 1986, at the age of 18, in the pursuit of the “American Dream”; he was convicted in 1994 for the murder of the police officer after being arrested for assault in a night club. Handcuffed, he did three shots to the agent head.

The state said that Edgar Tamayo shot officer Gaddis after he arrested him, but he never admitted that he did this. His attorneys also argued that Tamayo was mentally ill and brain damaged, but this was too late to affect the decision of the judge; they also argued that by sentencing him to death without a proper investigation was against his rights, and they tried to block his execution, but this failed.

7. Does the courts was regional, local or federal?

It was federal

8. Where is typified the death penalty received by the defendant?

The sentence that he received is classified in the Texas Law

9. Was there an appeal? If there were, which tribunal answered the appeal ? Did they resolved it?

Yes there was, federal judge Lee Yeakel rejected the request filed by the lawyers of the Mexican Edgar Tamayo Arias for a moratorium on the death penalty and the review of his case, as decided by the International Court of Justice in 2004.

In his decision, the judge found that the Office review of sentences in Texas Mr. Tamayo had been provided a fair trial, according to the jurisprudence of the Supreme Court.

The Yeakel judge stated that each member of that office obtained sufficient information on the rights of Mr. Tamayo under the Vienna Convention and the International Court of Justice.

10. Wich is the jurisdiction where the death penalty was developed?

The November 1, 1994 Edgar Tamayo was sentenced to capital punishment in the jailer Polunsky unit in Livingston, Texas, and convicted for the death of Guy P. Gaddys police; he was pronounced dead at 9.32pm central time.  

11. What are your personal views?

The key issue is that everyone can improve and should be given that opportunity, no matter how serious have been their mistakes.

The reason is that deep within every human being there is the potential to develop to the highest good. Capital punishment totally destroy this potential. A punishment of this kind is not a corrective; it can only be an act of revenge, because it can neither prevent crime and reform criminals. It is a completely negative punishment. In no way can promote social justice and a sense of humanity.

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