In four days, the state of Florida is scheduled to execute John Errol Ferguson, a mentally ill man convicted of multiple murders. Earlier today, a Florida judge held that this execution may move forward despite agreeing that Ferguson is a diagnosed paranoid schizophrenic with a history of hallucinations:

Dr. Woods opined that based upon Ferguson’s mental health history, psychological testing, and because of a deep fissure in his brain, consistent with that observed in schizophrenic patients, Ferguson suffers from paranoid schizophrenia. . . . Dr. Woods further testified that Ferguson’s core delusion is the belief that he is the “Prince of God,” and that the Department of Corrections has been preparing hum for “ascension.” Ferguson also believes that there is a Communist plot to take over the country, and at some point after death he will be resurrected “at the right hand of God” to play a significant role in driving them away . . . . There was little evidence put before this Court, either in the documents filed or in the testimony given, which leads this Court to believe that Ferguson’s “Prince of God” delusion is anything other than a genuine belief . . . .

This Court finds that though Ferguson does have a diagnosed mental illness, paranoid schizophrenia, there is no evidence that his mental illness interferes, in any way, with his “rational understanding” of the fact of his pending execution and the reason for it. . . . John Errol Ferguson is sane to be executed within the meaning of rule 3.811(b) and rule 3.812(b).

The reason why this result is possible is because of the Supreme Court’s nonsensical decisions governing mentally ill inmates. The Court recognizes that it is unconstitutionally cruel and unusual punishment to execute juvenile offenders or the intellectually disabled because their diminished mental capacity makes it harder for them “to understand and process information, to learn from experience, to engage in logical reasoning, or to control impulses—that also make it less likely that they can process the information of the possibility of execution as a penalty and, as a result, control their conduct based upon that information.” This same rationale applies to mentally ill individuals, such as Mr. Ferguson, but the Supreme Court has not yet fully applied the Constitution’s ban on cruel and unusual punishments to these inmates.

To be sure, severely mentally ill individuals remain shielded from execution if they are unable to form a “rational understanding” of why they are being executed, but this is a much higher standard than the one that applies to juveniles or the intellectually disabled — and this distinction makes no sense. There is no reason why the Constitution’s full protection should not be extended to Ferguson for the exact same reason it is extended to many other people with mental disabilities.

Last week, Philadelphia Police Commissioner Charles Ramsey suspended police Lieutenant Jonathan Josey “with the intent to dismiss” after viral video emerged of Josey punching a woman in apparent reaction to someone else throwing water at him. In response to this suspension, the Philadelphia lodge of the Fraternal Order of Police plans to host a fundraiser for Josey:

The police union will fete the 19-year veteran with a $30-per-person benefit Oct. 28. “Come On Out and Support ONE OF OUR OWN” reads a flier inviting officers to the five-hour, Sunday-afternoon event at the FOP Hall on Spring Garden near Broad. Proceeds will help Josey with living expenses, because he no longer gets a paycheck, FOP President John McNesby said.

“You’re kidding me, right?” City Councilwoman Maria Quinones-Sanchez said of the benefit.

“While I understand that the FOP has to defend one of its own, I am extremely disappointed because this will appear that they are condoning the very visible actions of Josey, which hurts the image of their good officers,” added Sanchez, who represents the district where the incident occurred.

Let’s be clear. Violence against women is unacceptable, and it is the job of police to prevent it — not to cause it. McNesby complains that Josey must receive a full investigation, and McNesby is right. But the appropriate time to host a benefit for Josey is if that investigation clears him of wrongdoing and he is reinstated. In light of the video evidence against Josey, such an outcome appears unlikely:

Moreover, Scott Walker could not have asked for a better gift in his next campaign to undermine the essential work public sector unions do in preserving the dignity and security of unionized workers than the FOP’s decision to host this particular party. More than just creating a very harmful appearance about the police force’s priorities, the police union undermines its essential mission when it appears to stand on the side of police brutality.

Dozens of billboards touting stiff potential jail sentences and fines recently appeared in predominantly African-American and Latino neighborhoods:

A person is more likely to be hit by lightning than to commit in-person voter fraud, so the signs are unlikely to deter a practice that is already almost completely non-existent. They are far more likely, however, to intimidate lawful voters who are unsure of their rights and may be spooked from voting by the threat of a felony conviction.

[HT: Rick Hasen]

Officials with Arizona police departments and sheriff’s offices claim that victims and witnesses to crimes will not be asked about their immigration status and should not fear coming forward even now that the state’s harsh immigration law has taken effect. But Martha Angel Castillo, a volunteer with the Tucson May Day Coalition, said she knows several women who fear being separated from their children if they report abuse. And Castillo explained that happened in the case of Maria Calderon, an undocumented immigrant from Mexico, in 2011:

Calderon was arrested by Immigration and Customs Enforcement in June 2011 after she asked the Tucson police for help because her husband was beating her again.

“Her husband, a U.S. citizen, immediately told the officers that she was undocumented. They asked Maria Estela to come outside and they contacted ICE, (whose agents) arrived in less than 10 minutes to detain her,” Castillo said.

Since then, Calderon has been in a detention center for undocumented immigrants in Arizona and is fighting to stop her deportation and request a U visa, created for crime victims.

Now that the controversial “show me your papers” provision of Arizona’s SB 1070 has gone into effect — requiring officers to question the immigration status of individuals they stop who are suspected to be in the country illegally — undocumented immigrants who are victims of domestic violence could be most affected out of fear that they could be deported if they go to the police.

When police were investigating abuse at a Los Angeles high school, the sheriff’s department had a difficult time getting some parents to come forward because they were afraid of deportation. Some came forward to apply for U-visas, but that does not alleviate all fears. The Violence Against Women Act would expand the number of visas available to domestic violence victims, but Republicans have blocked the measure. And in an attempt to compound the issue, GOP Rep. Lamar Smith (TX) proposed a bill last year to forcibly deport undocumented immigrants who are domestic abuse victims, removing immigration authorities’ power to protect the immigrants who most need their help when they come forward.

Two former top federal prosecutors star in a pair of ads supporting a Washington state ballot initiative that would legalize marijuana under Washington state law. The ads feature Kate Pflaumer, a Clinton appointee, and John McKay, a Bush appointee. Between the two of them, Pflaumer and McKay oversaw federal prosecutions in western Washington for fifteen years.

Both ads highlight the costs of spending limited federal resources on marijuana prosecution, and the fact that the referendum would strictly regulate marijuana sales. As McKay explains in one of the ads:

As the former chief federal prosecutor I enforced our marijuana laws. I’ve come to believe they don’t work. Filling our courts and jails has failed to reduce marijuana use, and drug cartels are pocketing all the profits. It’s time for a new approach. Initiative 502 brings marijuana under tight regulatory control, generates new revenue for education and prevention, and if we pass 502, we’ll have more resources to go after violent crime instead.

Watch it:

If the initiative passes, marijuana will be sold to adults over the age of 21 in state-licensed shops, and will be subject to taxation and inspection.

Pflaumer and McKay’s endorsement of this initiative is particularly significant given their role as former federal prosecutors. Although the overwhelming majority of marijuana prosecutions occur at the state level, federal law still prohibits marijuana and federal prosecutors retain the authority to prosecute recreational marijuana use. If a serious effort is ever mounted to repeal or reform federal marijuana laws, Plaumer and McKay could be powerful advocates for that effort.