XVII MOTION TO PRECLUDE THE COMMONWEALTH FROM SEEKING THE DEATH PENALTY AS CRUEL AND UNUSUAL PUNISHMENT
103. Cuadra incorporates herein by reference and makes a part hereof Paragraphs one (1) through one hundred two (102), above, inclusive, as if the same were fully set forth at length herein.
104. Cuadra believes; and therefore avers, that seeking the death penalty constitutes cruel and inhuman punishment pursuant to the Pennsylvania and United States Constitutions for the following reasons:
(a). the criminal justice system is fallible, thereby subjecting innocent persons to the death penalty;
(b). the criminal justice system is fallible, thereby subjecting inappropriate persons to the death penalty;
(c). the death penalty is, iii and of itself, cruel and inhuman punishment, especially where the alternative of life imprisonment without the possibility of parole exists, as it does in the Commonwealth of Pennsylvania.
WHEREFORE, the Defendant, Harlow Cuadra, moves this Honorable Court to preclude the Commonwealth from seeking the death penalty as violative of the prohibition of cruel and inhuman punishment contained in the United States and Pennsylvania Constitutions.
103. Cuadra incorporates herein by reference and makes a part hereof Paragraphs one (1) through one hundred two (102), above, inclusive, as if the same were fully set forth at length herein.
104. Cuadra believes; and therefore avers, that seeking the death penalty constitutes cruel and inhuman punishment pursuant to the Pennsylvania and United States Constitutions for the following reasons:
(a). the criminal justice system is fallible, thereby subjecting innocent persons to the death penalty;
(b). the criminal justice system is fallible, thereby subjecting inappropriate persons to the death penalty;
(c). the death penalty is, iii and of itself, cruel and inhuman punishment, especially where the alternative of life imprisonment without the possibility of parole exists, as it does in the Commonwealth of Pennsylvania.
WHEREFORE, the Defendant, Harlow Cuadra, moves this Honorable Court to preclude the Commonwealth from seeking the death penalty as violative of the prohibition of cruel and inhuman punishment contained in the United States and Pennsylvania Constitutions.
