FEATURED POST

America Is Stuck With the Death Penalty for (At Least) a Generation

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With Justice Anthony Kennedy's retirement, the national fight to abolish capital punishment will have to go local.
When the Supreme Court revived capital punishment in 1976, just four years after de facto abolishing it, the justices effectively took ownership of the American death penalty and all its outcomes. They have spent the decades since then setting its legal and constitutional parameters, supervising its general implementation, sanctioning its use in specific cases, and brushing aside concerns about its many flaws.
That unusual role in the American legal system is about to change. With Justice Anthony Kennedy’s retirement from the court this summer, the Supreme Court will lose a heterodox jurist whose willingness to cross ideological divides made him the deciding factor in many legal battles. In cases involving the Eighth Amendment’s prohibition against cruel and unusual punishment, his judgment often meant the difference between life and death for hundreds of death-row pr…

Utah will keep the death penalty after all

Utah Senate
An unexpectedly potent push to abolish Utah’s death penalty came up short this week, and the practice remained on the books as the state’s legislative session wrapped up.

A bill that would have scrapped capital punishment in cherry-red Utah made it through the Utah state Senate earlier this month and, earlier this week, also passed a key committee in the state’s House of Representatives. It was a surprisingly strong showing for such a proposal given that just last year, Utah lawmakers took an unusual step and expanded the state’s death penalty.

But with the legislative session ending Thursday night, legislators in the state House had a limited window to vote on the proposal. Ultimately, the bill was kicked back to the state Senate without a vote after the state senator who sponsored it determined it didn’t have the votes yet and that he needed more time to convince people who were on the fence.

“I can’t say that the bill is totally a victim of the clock, but you know, if we had another week or so, it would be interesting to see what would have happened,” Utah state Sen. Steve Urquhart (R) told the Associated Press.

It was unclear what would have happened if the state House approved the bill, as Gov. Gary. R. Herbert (R) remains a supporter of the death penalty. However, earlier this month a spokesman for Herbert reiterated that support and added that the governor “has concerns over the excessive length of time it often takes from the date of conviction to the actual punishment.”

The support from lawmakers in Utah showed that it is “unmistakable that an increasing number of conservative Republicans in Utah, like those in Nebraska, are realizing that the death penalty is irrevocably broken,” Marc Hyden, national advocacy coordinator for Conservatives Concerned About the Death Penalty, said in a statement. He added: “Conservatives are increasingly taking the lead to end the death penalty precisely because of our conservative principles.”

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Source: The Washington Post, Mark Berman, March 11, 2016

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