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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…

U.S. Supreme Court declines death penalty case

The Supreme Court announced Monday that it would not hear a case challenging the constitutionality of the death penalty.

The appeal was filed on behalf of Shonda Walter, who was sentenced to death in May 2006 for murdering her next door neighbor with a hatchet and stealing his car.

The Supreme Court of Pennsylvania upheld the lower court's death sentence, saying the court found the evidence sufficient to support her conviction for 1st-degree murder.

In appealing the decision to the Supreme Court, Walter asked the justices to weigh in on whether the imposition of the death penalty violates the Eighth Amendment's prohibition against cruel and unusual punishment.

The court did not give any statement supporting or dissenting from its decision to reject the case.

Court watchers have been expecting the justices to take up the constitutionality of the death penalty in light of a dissent by Justice Stephen Breyer last year. Experts said Breyer's dissent provided a blueprint for a broad challenge to capital punishment.

Justice Antonin Scalia, a member of the court's conservative wing, said in September that he "wouldn't be surprised" if the court ruled the death penalty unconstitutional, suggesting there are at least 4 justices who hold that view.

The court appears to be waiting for the right case to weigh in.

The case that was declined on Monday is Walter v. Pennsylvania.

Source: AP, January 25, 2016


Supreme Court Rejects Appeal to Outlaw Death Penalty

The Supreme Court is rejecting a Pennsylvania inmate's appeal to consider banning the death penalty across the United States.

The justices did not comment Monday in turning away a challenge from death row inmate Shonda Walter.

Walter's appeal plays off Justice Stephen Breyer's call in an impassioned dissent in June to re-evaluate the death penalty in light of problems involving its imposition and use.

Breyer renewed his plea last week when he was the lone justice willing to give a last-minute reprieve to an Alabama death row inmate who was later put to death.

Source: Associated Press, January 25, 2016

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