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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…

Dylann Roof challenges federal death penalty law as unconstitutional

Dylann Roof
Dylann Roof
Lawyers for Dylann Roof, the accused Charleston church shooter, filed a motion to challenge the constitutionality of the federal death penalty Monday.

Roof's lawyers argue that "the federal death penalty constitutes a legally prohibited, arbitrary, cruel and unusual punishment prohibited by both the Fifth and Eighth Amendments."

They continue to argue that the death penalty itself is unconstitutional in addition to the federal law:

The Federal Death Penalty Act "may have been designed with as much care as possible under the circumstances, the capital sentencing process that the statute provides is constitutionally inadequate in practice. The results of jurors' good-faith grappling with the law - arbitrary, biased, and erroneous death verdicts - are intolerable as a matter of due process and proportional punishment."

Roof faces 33 federal counts, including hate crimes, in the shooting deaths of nine black parishioners during a Bible study. 

His penalty trial is set to begin in November.

The challenge is being brought because the federal government is seeking the death penalty in the case after rejecting Roof's offer to plead guilty and accept multiple sentences of life in prison without the opportunity for parole, Buzzfeed reports.

Sources: The Dallas Morning News, Hannah Wise; The Associated Press, August 1, 2016

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

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