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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…

Florida Revamps Death Penalty, Making It Harder to Sentence Someone to Die

Florida's Death Chamber
Florida's Death Chamber
MIAMI — With Florida’s capital punishment system at a standstill, the state Senate passed a compromise bill on Thursday that would overhaul Florida’s death sentencing law, allowing the state to resume death penalty prosecutions by making it harder for juries to send someone to death row.

The legislation, which seeks to address the objections of the Supreme Court in its decision to strike down Florida’s capital punishment law, passed the Senate by a vote of 35 to 5. The measure will be sent to Gov. Rick Scott, who is expected to sign it into law.

While the state Senate had sought a tougher, broader bill on death penalty sentencing, it agreed to a compromise with the more conservative Florida House. Florida has one of the more active death rows in the country, with 390 prisoners, and a brisk pace of executions. After the Supreme Court decision in January, two death row inmates were granted indefinite stays of execution pending, in part, a fix to Florida’s death penalty law. Death penalty prosecutions have mostly stalled in the courts.

The new legislation does not resolve the issue of when executions in the state would resume and which death row inmates, if any, would be resentenced to life in prison without parole under the expected new law. Those decisions will be left to the state courts.

The compromise bill would make it more difficult to hand down death sentences by requiring a jury vote of 10 to 2. Jurors currently can recommend a death sentence by a simple 7-to-5 majority vote. The change falls short of the unanimous verdict that death penalty critics in Florida sought for capital punishment cases. It continues to make Florida an outlier; only one other state, Alabama, allows a 10-to-2 death verdict as opposed to a unanimous decision in capital punishment cases.

Republican supporters of the bill said that if it became law, Florida’s death penalty system would be stronger and satisfy the Supreme Court.


Source: The New York Times, March 3, 2016

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