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Capital Punishment in the United States Explained

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In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines - like bail, civil asset forfeiture, or the Brady doctrine - so that everyone can understand them. Wherever possible, we try to utilize the stories of those affected by the criminal justice system to show how these laws and principles should work, and how they often fail. We will update our Explainers monthly to keep them current. Read our updated explainer here.
To beat the clock on the expiration of its lethal injection drug supply, this past April, Arkansas tried to execute 8 men over 1 days. The stories told in frantic legal filings and clemency petitions revealed a deeply disturbing picture. Ledell Lee may have had an intellectual disability that rendered him constitutionally ineligible for the death penalty, but he had a spate of bad lawyers who failed to timely present evidence of this claim -…

Kentucky Lawmakers Seeking to Abolish Death Penalty Cite Cost, Morality, Mistakes

Saying it's about the soul of Kentucky, Rep. Jason Nemes is filing legislation to abolish the death penalty.

2 chambers. 2 lawmakers from different parties. Similar bills. Republican Representative Jason Nemes and Democrat Senator Gerald Neal are both filing legislation Tuesday in the Kentucky General Assembly to abolish the death penalty.

Saying he wants to "stand for life," Nemes, a conservative lawmaker from Louisville, says his bill is "about the soul of Kentucky" and for him, "a matter of faith."

"If I believe that Jesus wouldn't do it, I don't think my government ought to do it either and I understand there are differences," he said.

Senator Neal, also from Louisville, says like the Nemes bill, his legislation would eliminate execution as one of the five penalties now available to a jury in a death penalty case, making life without the possibility of parole the maximum sentence. 

The Legislature has repeatedly rejected that idea, with many proponents of capital punishment saying it deters crime.

Nemes, who describes himself as a "law and order guy," says his stance is also about the proper role of government. He says he fears Kentucky's death penalty system will make a mistake and that's not something he's willing to live with.

"I believe that our government has the right to take someone's life or liberty, only to the extent necessary to protect us," Nemes explained. "And I'm strongly in favor of life without the possibility of parole, not even coming up for a question for parole."

Since 1973, 157 people have been exonerated from death row in America, including one in Kentucky, yet execution remains legal in 31 states.

Neal says while lawmakers often cite morality or the "broken system" for their opposition, it's because of the cost of the death penalty that many lawmakers have "second thoughts..."

"In fact, [they] find it not acceptable to pay for that process when they understand that it costs more to execute a person than it is to incarcerate them for life," Neal said.

Source: WMKY news, February 9, 2017

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