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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…

Murderers with mental illnesses may be spared execution in Ohio

Ohio lawmakers are considering a bill that would prohibit executing offenders who suffer from a serious mental illness, under certain conditions.

A bill introduced this week by state Sens. John Eklund, R-Chardon, and Sandra Williams, D-Cleveland, would take death sentences off the table for those who show they suffered from a serious mental illness at the time of the crime. Likewise, inmates on Death Row would have a mechanism for being re-sentenced to life in prison if they can show they suffered from major depression, schizophrenia or another serious mental illness at the time they committed their crimes, according to Senate Bill 40.

Individuals with intellectual disabilities and juveniles are currently exempt from capital punishment.

"No less than juveniles or the mentally disabled, persons with serious mental illness lack the culpability normally associated with death penalty offenses even if they cannot meet the exacting standards of 'not guilty by reason of insanity' - a defense which if proved, prohibits any punishment on the offender," according to the Ohio Alliance for the Mental Illness Exemption, which is urging support of SB40.

In April 2014, the 22-member Ohio Supreme Court Death Penalty Task Force recommended the most sweeping overhaul to capital punishment the state has seen in 30 years. Among its 56 recommendations in a 76-page report: prohibit executions of mentally ill prisoners.

Ohio adopted its current death penalty statute in 1981. It has executed 53 men since executions resumed in 1999. Mental Health America estimates that 20 % of all death row inmates suffer from a severe mental illness.

Ohio Department of Rehabilitation and Correction said 46 of the 138 inmates on Death Row are receiving mental health treatment and 22 of the 46 are designated as seriously mentally ill. Data on how many of them had the mental health issue at the time of their crimes was not available.

State Rep. Niraj Antani, R-Miami Twp., who supports ending capital punishment, said "I understand that repealing the death penalty is a controversial issue, but I hope we can come to a consensus that at the very least those people with serious mental illnesses should not be executed."

The Ohio Prosecuting Attorneys Association has been an ardent supporter of maintaining the death penalty.

Megan Testa, a forensic psychiatrist and a member of the Ohio Psychiatric Physicians Association, said the association backs SB40 because it establishes procedures for considering reduced culpability for offenders suffering for severe mental illnesses when they commit crimes.

Source: Dayton Daily News, February 18, 2017

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