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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…

Connecticut Supreme Court upholds decision banning death penalty for remaining death-row inmates

The Connecticut Supreme Court on Thursday again said that it would be unconstitutional to execute inmates on the state's death row, upholding a decision from the same court last year effectively banning the death penalty in the state.

In a decision in August, the state's justices ruled that Connecticut could not execute death-row inmates for crimes committed before the state largely abolished capital punishment. Under a law signed in 2012, Connecticut agreed to abandon the death penalty going forward, while also retaining it as an option for crimes committed before that bill became law.

After an inmate named Eduardo Santiago - convicted of murdering someone in 2000 - challenged his death sentence, a divided Connecticut Supreme Court said last year that he could not be executed because the 2012 law "creates an impermissible and arbitrary distinction" between crimes committed before and after that measure went into effect. (Santiago was re-sentenced to life in prison without parole in December.)

The state's high court upheld its earlier ruling in a 5-to-2 decision handed down Thursday in a case focusing on Russell Peeler, a man sentenced to death for his role in the 1999 killings of a woman and her 8-year-old son.

The justices ruled that Peeler must instead be sentenced to life in prison without the possibility of parole, because his earlier sentence "must be vacated as unconstitutional in light of" last year's decision. 3 justices wrote concurring opinions, while 2 authored dissents, 1 of which said the ruling last year "inflicted [damage] on the rule of law" that "must be repaired."

Gov. Dannel P. Malloy (D), who signed the 2012 law abolishing the death penalty, reiterated his opposition to capital punishment on Thursday and focused on how the new ruling will keep the death-row inmates from ever seeking parole.

"Today's decision reaffirms what the court has already said: those currently serving on death row will serve the rest of their life in prison with no possibility of ever obtaining freedom," he said in a statement. He added: "Our focus today should not be on those currently sitting on death row, but with their victims and those surviving family members. My thoughts and prayers are with them on this difficult day."

According to the state Department of Corrections, Connecticut has 11 inmates on death row. The only state in New England that still has capital punishment on the books is New Hampshire, where legislators recently came within one vote of abolishing it.

Since 2007, 7 states have formally abandoned the death penalty. However, they have not agreed on what to do with the people on death row once this takes effect. In some cases, such as New Jersey and Illinois, death sentences were commuted to life sentences without parole. This is what Nebraska's bill abolishing the death penalty also would do; while lawmakers there voted to get rid of capital punishment last year, that law remains on hold until voters decide in November.

In other cases, though, inmates have remained on death row and the effect on their sentences has been uncertain after their states abandoned the death penalty. Like Connecticut, Maryland - the last of the states to formally outlaw the death penalty - abolished the practice while exempting those already on death row. Before he left office, former governor Martin O'Malley (D) commuted the sentences of the remaining inmates to life terms.

Connecticut has executed only 1 inmate since the U.S. Supreme Court reinstated the death penalty in 1976. The state considered abolishing the death penalty in 2009, but Malloy's predecessor, M. Jodi Rell, vetoed a bill that year that would have eliminated the practice.

Her decision came as the state was reeling after a horrifying home invasion there 2 years earlier. 2 men broke into a family's home before sexually assaulting a woman, Jennifer Hawke-Petit, and her 11-year-old daughter, Michaela. The 2 men also beat the girl's father, William, before killing Jennifer, Michaela and the couple's 17-year-old daughter, Hayley. Both men accused in the case - Joshua Komisarjevsky and Steven Hayes - were convicted, found guilty and sentenced to death. This crime was cited as the reason lawmakers compromised in 2012, getting rid of the death penalty while keeping it in place for people, like those 2 men, who had committed crimes beforehand.

Source: Washington Post, May 26, 2016

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