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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.

Ohio: Kasich again stingy with clemencies

Ohio Death Chamber
Ohio Death Chamber
Gov. John Kasich remained consistent in flexing his clemency powers in his third year in office, acting conservatively in most cases but showing unusual consideration in one death-penalty case.

The Republican governor disposed of 391 clemency requests this year, granting 22 of them, or 5.6 percent. Most were for minor offenses, including drug charges and theft, and many of them were pardons for old convictions — consistent with his first two years in office.

Kasich’s handling of capital-punishment cases is somewhat different, however. While he allowed four killers to go to their deaths (one who took his own life) this year, Kasich made an unprecedented decision in the fifth case, postponing the execution of child-killer Ronald Phillips of Summit County for seven months so his “nonvital” organs could be harvested for transplanting as he requested.

It was the first time in U.S. history that a governor halted an execution for that reason. Phillips’ execution is scheduled for July 2.

“I realize this is a bit of uncharted territory for Ohio, but if another life can be saved by his willingness to donate his organs and tissues, then we should allow for that to happen,” Kasich said in a statement.

Phillips, 40, said he wants to donate his nonvital organs, such as kidneys, to his mother, who is ill and on dialysis. He would then be returned to Death Row and executed.

Ohio governors have nearly unlimited executive-clemency power, enabling them to stop or postpone executions, commute or reduce sentences, and grant pardons. The only requirement is that the Ohio Parole Board must have first made a recommendation in each case.


Source: The Columbus Dispatch, December 27, 2013

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