US man dares judge to give him death sentence over Dunkin’ Donuts murders

[webfact]

James Herard dares judge to give him death sentence over Dunkin’ Donuts murders

FORT LAUDERDALE: -- MOST people would plea for their life if faced with death.

But in the US a murderer has instead dared the judge to sentence him to death.

James Herard, 25, from Florida was in May convicted over a series of Dunkin’ Donuts robberies that left two people dead. The jury recommended he be given the death penalty.

During sentencing on Friday at the Broward County Courthouse in Fort Lauderdale, Herard denied his involvement and made a point of repeating that not everyone that gets the death penalty is guilty.

Prosecutors say Herard didn’t pull the trigger but encouraged the shooter to kill one of the victims.

“Honestly and truly, I’m not asking you to spare me,” Herard said in the courtroom on Friday, according to NBC Miami.
“Go ahead and do what you gonna do. I pretty much dare you to give me the death sentence because I’m innocent.

Full story: http://www.news.com.au/world/north-america/james-herard-dares-judge-to-give-him-death-sentence-over-dunkin-donuts-murders/story-fnh81jut-1227058895121


-- News.com.au 2014-09-15

[BKKSnowBird]

I would rather die than be in prison for life.

[Seastallion]

" “Go ahead and do what you gonna do. I pretty much dare you to give me the death sentence because I’m innocent. ".

Sounds about right. He's either a redneck tough guy or a ghetto tough guy, with the brain the size of a pea..

[submaniac]

If given the choice, I would probably choose death over lifetime in prison too.

And it doesn't matter if he pulled the trigger. Felony murder rule. If you participate in a crime that results in death, you're on the hook even if you didn't pull the trigger. It's kind of designed to discourage people from committing armed robbery.

[Lex Talionis]

I think his attitude would be a might different if a death sentence meant being taken immediately out back, lined up against a wall, and shot.

In the US the leading cause of death on death row is old age.

[submaniac]

In the US the leading cause of death on death row is old age.

Unfortunately you are spot on correct...unfortunately

[kamahele]

Under US law, if in the commission of a crime, a murder is committed all the violators are considered responsible, not just the "doer". I'm not condoning the death penalty but life in prison without the possibility of parole is a hard sentence for anyone.

[TPI]

The Chinese seem to have solved this problem, if found guilty, they take you to the nearest garbage diposal site and dispose of the garbage, the rellies get a bill for the bullet and the location of the corpse! Seems pretty civilized to me, I'm sure they sterilize the bullet first!

[Suradit69]

I would rather die than be in prison for life.

Especially at his age. He could be looking at 50 years in prison. And, of course, the taxpayers will be looking at paying for his keep and medical care for 50 years.

I oppose the death penalty for several reasons, not the least of which is that too often the person convicted of the crime turns out not to be guilty, but were it me, death would be preferable to that sort of existence for that length of time.

In the New York City extreme case:

The city paid $167,731 to feed, house and guard each inmate last year, according to a study the Independent Budget Office released this week.

“It is troubling in both human terms and financial terms,” Doug Turetsky, the chief of staff for the budget office, said on Friday. With 12,287 inmates shuffling through city jails last year, he said, “it is a significant cost to the city.”

Mr. Turetsky added that he was not aware of any previous studies that broke down the cost per inmate in the jails, but there have been national studies.

http://www.nytimes.com/2013/08/24/nyregion/citys-annual-cost-per-inmate-is-nearly-168000-study-says.html

But even at the lower national average it's a boatload of money.

According to the U.S. Bureau of Prisons, the average annual cost of incarceration in Federal prisons in 2010 was $28,284 per inmate. That cost is reduced at the Federal Community Corrections Centers; in 2010 the annual cost was $25,838.

According to the California Legislative Analyst?s Office, the annual cost of incarceration in the Golden State in 2009 was $47,102 per year. To arrive at this figure, California analysts took into account the cost of security, health care, operations, administration, support, and rehabilitationprograms. Annual costs per inmate in California have almost doubled since the beginning of the 21st century.

http://thelawdictionary.org/article/what-is-the-average-cost-to-house-inmates-in-prison/

Edited September 15, 2014 by Suradit69

[Frank James]

The Chinese seem to have solved this problem, if found guilty, they take you to the nearest garbage diposal site and dispose of the garbage, the rellies get a bill for the bullet and the location of the corpse! Seems pretty civilized to me, I'm sure they sterilize the bullet first!

One hears of this "Chinese solution" all the time, and I think it's largely a myth, perhaps left over from the Chairman Mao era. I would like to see proof of this assertion.

[emilymat]

If given the choice, I would probably choose death over lifetime in prison too.

And it doesn't matter if he pulled the trigger. Felony murder rule. If you participate in a crime that results in death, you're on the hook even if you didn't pull the trigger. It's kind of designed to discourage people from committing armed robbery.

In the UK we had a famous case, which you have probably heard of. Bently and Craig in the 1950's. A policeman was shot by Craig, then 16 Years old and Bently was already in custody at the time of the shooting. He was 19 I think but had a mental age of 8.

Anyway, Bently was hanged and Craig dodged the bullet because he was under age. He served some years in jail but has been long out.

It was a major contributor to the ending of capital punishment in the UK

[rethaier]

The Chinese seem to have solved this problem, if found guilty, they take you to the nearest garbage diposal site and dispose of the garbage, the rellies get a bill for the bullet and the location of the corpse! Seems pretty civilized to me, I'm sure they sterilize the bullet first!

One hears of this "Chinese solution" all the time, and I think it's largely a myth, perhaps left over from the Chairman Mao era. I would like to see proof of this assertion.

Google it.

[catweazle]

Could have recommended him a couple of good books on negotiation skills, but it seems too late right now

[Munsterman]

Make him eat Dunkin Donuts for 50 years instead. A fate worse than death.

[uptheos]

The Chinese seem to have solved this problem, if found guilty, they take you to the nearest garbage diposal site and dispose of the garbage, the rellies get a bill for the bullet and the location of the corpse! Seems pretty civilized to me, I'm sure they sterilize the bullet first!

Some we know are definitely innocent in China, just state sanctioned killings and I think referring to everyone who is charged with murder there as 'garbage' is way off.

[peecee]

I would rather die than be in prison for life.

Almost as bad as LOS pokie!

[Frank James]

The Chinese seem to have solved this problem, if found guilty, they take you to the nearest garbage diposal site and dispose of the garbage, the rellies get a bill for the bullet and the location of the corpse! Seems pretty civilized to me, I'm sure they sterilize the bullet first!

One hears of this "Chinese solution" all the time, and I think it's largely a myth, perhaps left over from the Chairman Mao era. I would like to see proof of this assertion.

Google it.

OK, I "google'd it". Several cited sources said that the old bullet method has been greatly reduced in recent years, replaced by specially equipped 17 passenger size vans (no windows on the sides of course) that are mobile execution chambers. The condemned prisoner is given a sedative beforehand, then taken to the van and strapped to a gurney inside. He is then administered a three part "cocktail". Apparently China has no trouble obtaining the drugs necessary to do the "job." Each van carries a team of surgeons who immediately upon death start removing transplantable organs. No permission is sought from the dead man's next of kin. The corpse is then promptly cremated. The heart cannot be used, because it has been poisoned. The organs are then sold.

China executes more people than all other capital punishment countries combined. Actual numbers are a state secret. In recent years, numbers have declined, and the number of offenses punishable by death has been reduced.

So much for bullets and "garbage." Google it.

[ggt]

Sentence him to 30 days hard tourism in Thailand...where he will be found dead...having committed suicide...case closed...

[ikbenhet]

The city paid $167,731 to feed, house and guard each inmate last year, according to a study the Independent Budget Office released this week.

“It is troubling in both human terms and financial terms,” Doug Turetsky, the chief of staff for the budget office, said on Friday. With 12,287 inmates shuffling through city jails last year, he said, “it is a significant cost to the city.”

Mr. Turetsky added that he was not aware of any previous studies that broke down the cost per inmate in the jails, but there have been national studies.

So that calculates to 2.060.910.797 dollar just for one city. Amazing!

[gyrosman]

We need to do the death penalty more to animals like that. If they are confirmed 100% guilty, do them quickly and save those tax dollars and put it to better use. A man like Charles Manson, what a waste for decades of the amount of money we have spent to keep this animal alive. And I don't mean 10 years on death row, a quick 24 hour turn around after sentencing , even before he gets his prison tooth brush. The world has bigger needs then bad apples.

[Bwanatickey]

There is such a lack of evidence here about the case, not being familiar with this at all, can somebody explain why he was arrested in the first place, but given the little facts here, I would not comment on a doughnut case.

[MJP]

Darwin award of the decade. I mean who robs a Dunkin' Donuts? May as well hold up the local police station.

[BKKSnowBird]

Darwin award of the decade. I mean who robs a Dunkin' Donuts? May as well hold up the local police station.

LOL!! So true.

[hawker9000]

Especially at his age. He could be looking at 50 years in prison. And, of course, the taxpayers will be looking at paying for his keep and medical care for 50 years.

I oppose the death penalty for several reasons, not the least of which is that too often the person convicted of the crime turns out not to be guilty, but were it me, death would be preferable to that sort of existence for that length of time.

In the New York City extreme case:

"I oppose the death penalty for several reasons, not the least of which is that too often the person convicted of the crime turns out not to be guilty"

Oh my yes - why 'happens practically everyday. (Or so we're supposed to believe...)

================================================================

This guy's guilty (just doesn't think he is or accept any responsibility 'cause he wasn't the one who actually pulled the trigger, but the law's got it right). 'Dares the judge. Let's get on with it.

[tonypace02]

I would rather die than be in prison for life.

Except in cases where the death penalty is overturned or commuted, criminals who are sentenced to death do serve life in prison.

[wooloomooloo]

" Go ahead and do what you gonna do. I pretty much dare you to give me the death sentence because Im innocent.[/size] ".

Sounds about right. He's either a redneck tough guy or a ghetto tough guy, with the brain the size of a pea..

...or he's innocent or mentally ill. Though, that's for the court to decide.

[NeverSure]

-snip- I'm sure they sterilize the bullet first!

Hogwash!!! The bullet exits the barrel at around 300 degrees F (about 150 C) so no need to waste money sterilizing.

[callaway]

Be kind judge and give the poor man what he wants.

[Strangebrew]

hell I would of pulled out gun and shot his butt right there costs 61 cents for bullet.

[belg]

he wants to be on death row so he will not be raped on a daily basis ?