No Second Chances: What to Do After a Botched Execution

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…

India: President converts 4 tribals' death sentences to life terms

President Pranab Mukherjee
President Pranab Mukherjee
President Pranab Mukherjee has disposed of all mercy petitions of death penalties pending before him till date.

The latest was the case of Bara massacre accused of Gaya district, where 32 Bhumihar Brahmins were killed by the Maoist Communist Centre (MCC), a banned outfit.

In 2001, Krishna Mochi along with 3 others, Nanhe Lal Mochi, Bir Kuer Paswan and Dharmendra Sing, alias Dharu Sing, were awarded capital punishments by a sessions court in connection with the massacre.

They were tried under the provisions of Terrorist and Disruptive Activities (Prevention) Act. In 2002, the Supreme Court upheld the death penalty by a majority of 2:1 in a 3-judge Bench. Justice M B Shah differed from the view of the majority. He acquitted Sing and commuted the death sentences of the 3 others to life.

All the 4 convicts have been lodged at Bhagalpur Central Jail. Their mercy petitions were dispatched from the jail on March 2, 2003. Since then, it was pending with the Union Home Ministry. Only in the month of August last year, the Home Ministry sent the mercy petition to President Mukherjee for his consideration.

The President sought legal opinion on the matter because of a recent landmark judgment of the Apex Court which overturned an earlier judgment and drew a distinction between murders related to terrorism and other kinds of murders.

After considering the merit of the case carefully, the President endorsed the view of the dissenting judge except for the acquittal of the accused. In the month of January this year, the President reduced the death sentences of those convicts to life imprisonment. This was the last mercy petition pending before him. During his tenure, President Mukherjee has accepted 4 mercy petitions and rejected 28.

Among them were high profile cases including dreaded Pakistan terrorists Ajmal Kasab, Yakub Abdul Razak Memon and Afzal Guru of Jammu and Kashmir which drew international interest and was debated widely.

Source: milleniumpost.in, January 15, 2017

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