FEATURED POST

Will the Supreme Court Kill The Death Penalty This Term?

Image
Will the U.S. Supreme Court add the fate of the death penalty to a term already fraught with hot-button issues like partisan gerrymandering, warrantless surveillance, and a host of contentious First Amendment disputes?
That’s the hope of an ambitious Supreme Court petition seeking to abolish the ultimate punishment. But it runs headlong into the fact that only two justices have squarely called for a reexamination of the death penalty’s constitutionality.
Abel Hidalgo challenges Arizona’s capital punishment system—which sweeps too broadly, he says, because the state’s “aggravating factors” make 99 percent of first-degree murderers death-eligible—as well as the death penalty itself, arguing it’s cruel and unusual punishment.
He’s represented by former acting U.S. Solicitor General Neal Katyal—among the most successful Supreme Court practitioners last term. Hidalgo also has the support of several outside groups who filed amicus briefs on his behalf, notably one from a group including Ari…

Mississippi high Court: Execution plans can be kept secret

Mississippi's death chamber
Mississippi's death chamber
Mississippi does not have to publicly disclose details of how it carries out executions, the state's highest court ruled Thursday.

In a 7-2 decision, the Mississippi Supreme Court dismissed a lawsuit by the Roderick & Solange MacArthur Justice Center that argued the state's corrections department hadn't disclosed enough information in response to a 2014 public records request.

A chancery judge had ordered more information disclosed, but the state appealed. Last year, while the appeal was still pending, legislators changed the law, joining states nationwide in shielding drug purchases and other execution methods from public disclosure. 

The state argues that releasing names of drug suppliers could allow death penalty opponents to terminate the supply using public pressure. States have had increasing trouble obtaining execution drugs because some pharmaceutical makers don't want their medicines used for that purpose.

MacArthur Center lawyer Jim Craig disputes that disclosure is a threat, saying it's important to have a full accounting of where Mississippi is getting its death penalty drugs and how it plans to use them. "There's no threat against any of these pharmacies," Craig said Thursday. "There's no economic threat; there's no physical threat. And across the country this is just being used as a dodge to prevent people from knowing where these dollars are going."

Presiding Supreme Court Justice Michael Randolph wrote in Thursday's decision that the judges must apply the new law to the pre-existing dispute, because lawmakers didn't carve out an exception for ongoing requests and lawsuits.

"This court chooses to follow the law as set forth by the Legislature," Randolph wrote.

Craig said the decision could encourage agencies to run out the clock on public record requests. "It's disturbing that a state agency can delay responding to a records request for public records for a period of years, while they seek to change the statute to block production of the records requested," he said.

Associated Justice Leslie King, in his dissent, said the court's delay in deciding the case undermined Craig.

"This court, by the dilatory manner in which it has disposed of this case, has either wittingly or unwittingly allowed its actions to be impacted by legislative actions," King wrote.

He said the court should have allowed Craig's case to proceed as if the law hadn't changed.

Source: Associated Press, April 14, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most Viewed (Last 7 Days)

Execution date set for Missouri inmate with rare condition

Iran: Prisoner Hanged in Public

Cruel and Unusual: A Second Failed Execution in Ohio

Record 11 Taiwanese sentenced to death in Indonesia for drug crimes

Will the Supreme Court Kill The Death Penalty This Term?

No Second Chances: What to Do After a Botched Execution

Former Virginia death row inmate Joseph Giarratano granted parole

South Carolina's 1st execution in 6 years set for Dec. 1

UAE: Man who raped, killed eight-year-old boy Obaida executed

Charles Manson Was Sentenced to Death. Why Wasn't He Executed?