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No Second Chances: What to Do After a Botched Execution

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Ohio tried and failed to execute Alva Campbell. The state shouldn't get a second chance.
The pathos and problems of America's death penalty were vividly on display yesterday when Ohio tried and failed to execute Alva Campbell. Immediately after its failure Gov. John Kasich set June 5, 2019, as a new execution date.
This plan for a second execution reveals a glaring inadequacy in the legal standards governing botched executions in the United States.
Campbell was tried and sentenced to die for murdering 18-year-old Charles Dials during a carjacking in 1997. After Campbell exhausted his legal appeals, he was denied clemency by the state parole board and the governor.
By the time the state got around to executing Campbell, he was far from the dangerous criminal of 20 years ago. As is the case with many of America's death-row inmates, the passage of time had inflicted its own punishments.
The inmate Ohio strapped onto the gurney was a 69-year-old man afflicted with serious ailm…

Firing squads, electrocution; options for Mississippi's death penalty

Mississippi Death Chamber
Mississippi Death Chamber
Attorney General Jim Hood outlined his legislative priorities Wednesday. During a news conference he outlined his focus on better laws for child victims and child trafficking. And when it came to the death penalty, he wants options so he can carry out the will of the court.

In possibly the most controversial initiative, Hood told reporters he wants to have alternatives to the death penalty if the drugs become unavailable or lethal injection itself was declared unconstitutional.

"In case somehow there is a lethal injection declaration that it's unconstitutional or something, we would have alternative means available in law such as nitrogen hypoxia. These are all alternatives, fallback positions such as execution by a firing squad," said Hood.

According to deathpenaltyinfo.org, 3 states have recently passed laws allowing for alternative execution methods if lethal injection drugs are unavailable.

Oklahoma's law, allows for the use of nitrogen gas asphyxiation. Tennessee allows for the use of the electric chair. Utah allows the firing squad to be used if the state cannot obtain lethal injection drugs 30 days before an execution.

Late Wednesday afternoon, ACLU of Mississippi released the following statement on the Attorney General's Legislative Agenda:

"The ACLU of Mississippi applauds Attorney General Hood's restorative justice efforts via creation of the re-entry pilot program, which would promote principles of restorative justice and rehabilitation. Mississippi must continue to evaluate its prison system to ensure that former offenders have a fair chance at living a crime-free life beyond bars. This will in turn reduce recidivism rates and decrease our prison population.

However, we strongly oppose his intent to exempt from the Public Records Act the identities of the state execution team as well as the lethal injection drug supplier. Citizens have a right to this public information. Too often, states have been allowed to conduct executions cloaked in secrecy and free of public and judicial scrutiny, to rely on drugs from unknown and untested sources, and to employ personnel of unknown and unverifiable qualifications - with disastrous results. This pattern should be unacceptable in a civilized society dedicated to transparency and the rule of law.

We vehemently oppose the articulated alternative barbaric means Attorney General Hood proposes. The American Civil Liberties Union believes the death penalty inherently violates the constitutional ban against cruel and unusual punishment and the guarantees of due process of law and of equal protection under the law. Furthermore, we believe that the state should not give itself the right to kill human beings - especially when it kills with premeditation and ceremony, in the name of the law or in the name of its people, and when it does so in an arbitrary and discriminatory fashion."

Source: WDAM news, January 28, 2016

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