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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…

Australia insists alleged cyanide-coffee murderer will not face death penalty

AFP
Jakarta: Australia insists an Australian permanent resident charged with murdering her friend with cyanide-laced coffee will not face the death penalty in Indonesia if found guilty, despite police now claiming it is up to the judges.

Jessica Kumala Wongso, a former Ambulance NSW employee, has been charged with the premeditated murder of her friend Wayan Mirna Salihin, with whom she had studied in Australia.

The allegations that Ms Wongso spiked her friend's Vietnamese iced coffee at an upmarket cafe in Jakarta have gripped Indonesia, with TV talk shows endlessly debating the likelihood of her guilt.

Justice Minister Michael Keenan agreed to allow the Australian Federal Police to assist with investigating the case after receiving an assurance that the death penalty would neither be sought or carried out.

"After the guarantee, approval was given and now we have started cooperating with the AFP," Jakarta police chief detective Krishna Murti told Fairfax Media in February.

Last week prosecutors finally announced the case would proceed to trial after the case dossier had been returned to police at least four times due to a lack of evidence.

Jakarta police spokesman Awi Setiyono said it would be up to the judges what punishment would be imposed if Ms Wongso was found guilty, with the death penalty the maximum sentence for premeditated murder.

Asked about Indonesia's agreement with Australia that the death penalty would not be invoked, Mr Awi said: "It is impossible to give such a guarantee because no one can intervene with the judges."

When Fairfax Media told Mr Awi that chief detective Krishna said the Indonesian Attorney-General's office had guaranteed the death penalty would not be sought, Mr Awi said: "Even the president cannot say that, let alone Krishna Murti. Look, it is not certain that she will get the death penalty, the trial hasn't even started. Just wait and we will see what the judges decide."

However Fairfax Media understands the Australian government has a ministerial-level, written undertaking that Ms Wongso will not face the death penalty.


Source: Sydney Morning Herald, Jewel Topsfield and Karuni Rompies, May 30, 2016

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