Case Law State v. Santiago

State v. Santiago

Document Cited Authorities (213) Cited in (100) Related

318 Conn. 1
122 A.3d 1

STATE of Connecticut
v.
Eduardo SANTIAGO.*

No. 17413.

Supreme Court of Connecticut.

Argued April 23, 2013.
Decided Aug. 25, 2015.


122 A.3d 8

Mark Rademacher, assistant public defender, for the appellant (defendant).

Harry Weller, senior assistant state's attorney, with whom were Matthew A. Weiner, deputy assistant state's attorney, and, on the brief, Kevin T. Kane, chief state's attorney, Gail P. Hardy, state's attorney, Susan C. Marks, supervisory assistant state's attorney, and Marjorie Allen Dauster, Donna Mambrino and John F. Fahey, senior assistant state's attorneys, for the appellee (state).

Constance de la Vega, pro hac vice, and Hope R. Metcalf, New Haven, filed a brief for experts on international human rights and comparative law as amicus curiae.

Alex V. Hernandez and Brian W. Stull filed a brief for legal historians and scholars as amicus curiae.

Sandra J. Staub, David J. McGuire and Lauren R. Masotta filed a brief for the American Civil Liberties Union Foundation of Connecticut as amicus curiae.

Kent S. Scheidegger, pro hac vice, and Judith Rossi, Rocky Hill, filed a brief for the Criminal Justice Legal Foundation as amicus curiae.

ROGERS, C.J., and NORCOTT, PALMER, ZARELLA, EVELEIGH, McDONALD and ESPINOSA, Js.**

Opinion

PALMER, J.

TABLE OF CONTENTS
Page
I. STATE CONSTITUTIONAL PROHIBITIONS AGAINST CRUEL AND UNUSUAL PUNISHMENT 13
A. Federal Constitutional Standards 15
1. Inherently Barbaric Punishments 16
2. Excessive and Disproportionate Punishments 17
3. Arbitrary or Discriminatory Punishments 18
B. Relevant State Constitutional History 20
1. Preconstitutional Legal Traditions 20
2. 1818 24
C. Relevant Constitutional Text 27
D. Relevant Connecticut Precedents 29
E. Persuasive Sister State Precedents 30
F. Conclusion 31
II. THE DEATH PENALTY FAILS TO COMPORT WITH CONTEMPORARY STANDARDS OF DECENCY 31
A. Historical Development 35
B. Legislative Enactments 39
C. Current Practice 48
D. Laws and Practices of Other Jurisdictions 50
E. Opinions and Recommendations of Professional Associations 53
F. Conclusion 54
III. THE DEATH PENALTY IS DEVOID OF ANY LEGITIMATE PENOLOGICAL JUSTIFICATIONS 55
A. Deterrence 57
B. Retribution 61
1. Legislative Judgments 62
2. Delays 62
3. Possibility of Error 64
4. Caprice and Bias 66
C. Vengeance 71
D. Conclusion 73
IV. RESPONSE TO THE DISSENTING JUSTICES 74
A. Whether the Questions Decided Are Properly before the Court 74
1. Arguments Allegedly Not Raised by the Defendant 74
2. Opportunity for Briefing 77
3. Extra–Record Materials 77
B. Connecticut's Historical Acceptance of Capital Punishment 79
C. Whether Deference to the Legislature
...

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5 cases
Document | Oregon Supreme Court – 2021
State v. Bartol
"... ... Georgia , 428 U.S. 153, 174 n. 19, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976) (opinion of Stewart, Powell, and Stevens, JJ.) (citing Weems , 217 U.S. at 371-73, 30 S.Ct. 544 ); see also State v. Santiago , 318 Conn. 1, 135, 122 A.3d 1 (2015) ("When an appellate court is asked to pass on the constitutionality of a mode of punishment, it is, almost invariably, after a defendant has been found guilty of a crime and sentenced in accordance with a duly enacted penal statute. If the fact that an elected ... "
Document | Connecticut Supreme Court – 2017
State v. Jerzy G.
"... ... See State v. Callahan, 108 Conn. App. 605, 611, 949 A.2d 513 (termination of program of accelerated rehabilitation is subject to review for abuse of discretion), cert. denied, 289 Conn. 916, 957 A.2d 879 (2008) ; see also State v. Santiago, 318 Conn. 1, 140–41, 122 A.3d 1 (2015) (Norcott and McDon 326 Conn. 230 ald, Js., concurring) (addressing issue that was moot and that had not been briefed by parties because concurring justices "[felt] compelled" to do so). It was perfectly reasonable for the trial court to conclude that ... "
Document | Connecticut Court of Appeals – 2017
State v. Rios
"... ... Santiago , 318 Conn. 1, 127, 122 A.3d 1 (appellate courts permitted to take notice of extra-record materials, including scientific and sociological studies). Less than half of the surveyed individuals who do not have a tattoo believe that those with tattoos are "more rebellious." The Harris Poll, supra. 12 ... "
Document | Connecticut Supreme Court – 2020
State v. Ashby
"... ... See, e.g., State v. Peeler , 321 Conn. 375, 377, 140 A.3d 811 (2016) ; State v. Santiago , 318 Conn. 1, 85–86, 122 A.3d 1 (2015). 8 A defendant's right to counsel under the sixth amendment is made applicable to the states through the due process clause of the fourteenth amendment to the United States constitution. See, e.g., State v. Leconte , 320 Conn. 500, 505 n.2, 131 A.3d ... "
Document | Connecticut Supreme Court – 2018
State v. Harris
"... ... 19 See, e.g., State v. Ledbetter , supra, 275 Conn. at 560, 881 A.2d 290 ; see also State v. Santiago , 318 Conn. 1, 46 n.38, 122 A.3d 1 (2015) (explaining that Geisler test is "a scheme by which we organize and review, for purposes of state constitutional challenges, the various types of considerations that may bear on any question of first impression"). We note, preliminarily, that this is not ... "

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5 books and journal articles
Document | Núm. 102-2, January 2017 – 2017
The Death Penalty & the Dignity Clauses
"...delay). 26. Glossip v. Gross, 135 S. Ct. 2726, 2746 (2015). 27. Id. at 2776–77 (Breyer, J., dissenting). 28. See State v. Santiago, 122 A.3d 1, 84–85 (Conn. 2015). Connecticut’s legislature repealed the death penalty prospectively only in 2012, leaving 11 men on death row. Connecticut , DEA..."
Document | Núm. 94, 2023
2021 Conn. Appellate Review
"...Connecticut, by contrast, the legislature codified the decision in Kerrigan in the next legislative session. P.A. 09-13 (Reg. Sess.). [5] 318 Conn. 1, 122 A.3d 1 (2015). [6] LaPointe v. Commissioner of Correction, 316 Conn. 225, 112 A.3d 1 (2015); Skakel v. Commissioner of Correction, 329 C..."
Document | Núm. 103-3, March 2018 – 2018
New Majoritarian Constitutionalism
"...of Apr. 25, 2012, Pub. Act No. 12-5, 2012 Conn. Acts 13, 13–27 (Reg. Sess.) (repealing the death penalty prospectively); State v. Santiago, 122 A.3d 1, 13 (Conn. 2015) (applying the prospective repeal to already imposed capital sentences). D.C.: District of Columbia Death Penalty Repeal Act..."
Document | Núm. 95, 2025 – 2025
Pitfalls in State Constitutional Theorizing Free Speech in Connecticut
"...v. Joyce, 229 Conn. 10, 18 n.lO, 639 A.2d 1007 (1994). [3] Dukes, 209 Conn, at 115 (internal quotation marks omitted). [4] State v. Santiago, 318 Conn. 1, 17-18. 122 A.3d 1 (2015); State v. Geisler, 222 Conn. 672, 684-85, 610 A.2d 1225 (1992). [5] State v. Correa, 340 Conn. 619, 640 n.16, 2..."
Document | Núm. 56-1, 2021
Deadly 'toxins': a National Empirical Study of Racial Bias and Future Dangerousness Determinations
"...we are confident that the association between race and the death penalty is not attributed to random chance."). 237. State v. Santiago, 122 A.3d 1, 66, 84-85 (Conn. 2015) ("In short, the legislature could not have come any closer to fully abolishing capital punishment without actually doing..."

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5 books and journal articles
Document | Núm. 102-2, January 2017 – 2017
The Death Penalty & the Dignity Clauses
"...delay). 26. Glossip v. Gross, 135 S. Ct. 2726, 2746 (2015). 27. Id. at 2776–77 (Breyer, J., dissenting). 28. See State v. Santiago, 122 A.3d 1, 84–85 (Conn. 2015). Connecticut’s legislature repealed the death penalty prospectively only in 2012, leaving 11 men on death row. Connecticut , DEA..."
Document | Núm. 94, 2023
2021 Conn. Appellate Review
"...Connecticut, by contrast, the legislature codified the decision in Kerrigan in the next legislative session. P.A. 09-13 (Reg. Sess.). [5] 318 Conn. 1, 122 A.3d 1 (2015). [6] LaPointe v. Commissioner of Correction, 316 Conn. 225, 112 A.3d 1 (2015); Skakel v. Commissioner of Correction, 329 C..."
Document | Núm. 103-3, March 2018 – 2018
New Majoritarian Constitutionalism
"...of Apr. 25, 2012, Pub. Act No. 12-5, 2012 Conn. Acts 13, 13–27 (Reg. Sess.) (repealing the death penalty prospectively); State v. Santiago, 122 A.3d 1, 13 (Conn. 2015) (applying the prospective repeal to already imposed capital sentences). D.C.: District of Columbia Death Penalty Repeal Act..."
Document | Núm. 95, 2025 – 2025
Pitfalls in State Constitutional Theorizing Free Speech in Connecticut
"...v. Joyce, 229 Conn. 10, 18 n.lO, 639 A.2d 1007 (1994). [3] Dukes, 209 Conn, at 115 (internal quotation marks omitted). [4] State v. Santiago, 318 Conn. 1, 17-18. 122 A.3d 1 (2015); State v. Geisler, 222 Conn. 672, 684-85, 610 A.2d 1225 (1992). [5] State v. Correa, 340 Conn. 619, 640 n.16, 2..."
Document | Núm. 56-1, 2021
Deadly 'toxins': a National Empirical Study of Racial Bias and Future Dangerousness Determinations
"...we are confident that the association between race and the death penalty is not attributed to random chance."). 237. State v. Santiago, 122 A.3d 1, 66, 84-85 (Conn. 2015) ("In short, the legislature could not have come any closer to fully abolishing capital punishment without actually doing..."

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  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

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5 cases
Document | Oregon Supreme Court – 2021
State v. Bartol
"... ... Georgia , 428 U.S. 153, 174 n. 19, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976) (opinion of Stewart, Powell, and Stevens, JJ.) (citing Weems , 217 U.S. at 371-73, 30 S.Ct. 544 ); see also State v. Santiago , 318 Conn. 1, 135, 122 A.3d 1 (2015) ("When an appellate court is asked to pass on the constitutionality of a mode of punishment, it is, almost invariably, after a defendant has been found guilty of a crime and sentenced in accordance with a duly enacted penal statute. If the fact that an elected ... "
Document | Connecticut Supreme Court – 2017
State v. Jerzy G.
"... ... See State v. Callahan, 108 Conn. App. 605, 611, 949 A.2d 513 (termination of program of accelerated rehabilitation is subject to review for abuse of discretion), cert. denied, 289 Conn. 916, 957 A.2d 879 (2008) ; see also State v. Santiago, 318 Conn. 1, 140–41, 122 A.3d 1 (2015) (Norcott and McDon 326 Conn. 230 ald, Js., concurring) (addressing issue that was moot and that had not been briefed by parties because concurring justices "[felt] compelled" to do so). It was perfectly reasonable for the trial court to conclude that ... "
Document | Connecticut Court of Appeals – 2017
State v. Rios
"... ... Santiago , 318 Conn. 1, 127, 122 A.3d 1 (appellate courts permitted to take notice of extra-record materials, including scientific and sociological studies). Less than half of the surveyed individuals who do not have a tattoo believe that those with tattoos are "more rebellious." The Harris Poll, supra. 12 ... "
Document | Connecticut Supreme Court – 2020
State v. Ashby
"... ... See, e.g., State v. Peeler , 321 Conn. 375, 377, 140 A.3d 811 (2016) ; State v. Santiago , 318 Conn. 1, 85–86, 122 A.3d 1 (2015). 8 A defendant's right to counsel under the sixth amendment is made applicable to the states through the due process clause of the fourteenth amendment to the United States constitution. See, e.g., State v. Leconte , 320 Conn. 500, 505 n.2, 131 A.3d ... "
Document | Connecticut Supreme Court – 2018
State v. Harris
"... ... 19 See, e.g., State v. Ledbetter , supra, 275 Conn. at 560, 881 A.2d 290 ; see also State v. Santiago , 318 Conn. 1, 46 n.38, 122 A.3d 1 (2015) (explaining that Geisler test is "a scheme by which we organize and review, for purposes of state constitutional challenges, the various types of considerations that may bear on any question of first impression"). We note, preliminarily, that this is not ... "

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