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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…

India's HC commutes death penalty of dacoit Sonu Sardar to life term

New Delhi, June 29 (IANS) The Delhi High Court on Wednesday commuted to life term the death sentence awarded to a dacoit Sonu Sardar, guilty of murder of five persons, including two children, in Chhat

New Delhi, June 29 (IANS) The Delhi High Court on Wednesday commuted to life term the death sentence awarded to a dacoit Sonu Sardar, guilty of murder of five persons, including two children, in Chhattisgarh in 2004.

A division bench of Justice G.S. Sistani and Justice Vinod Goel commuted the capital punishment to life term, saying: “The mercy petition was processed in an extremely cavalier and casual fashion by the state government at all stages, right up to placing the note for the Governor.”

Sardar, along with his brother and accomplices, had killed five persons of a family, including a woman and two children, during a dacoity bid in Chhattisgarh’s Cher village on November 26, 2004.

The trial court had awarded him death sentence and the Chhattisgarh High Court had upheld it. The Supreme Court in February 2012 had concurred with the findings of two courts below and affirmed the punishment.

His mercy petition was also dismissed by both state government and President of India in May 2014. 

In February 2015, the Supreme Court had also rejected his review plea.

Sardar later moved the high court seeking direction that his death penalty be commuted to life imprisonment on account of delay in deciding his mercy plea as well as for allegedly keeping him in “solitary confinement illegally”.

Reducing the sentence, the high court said: “The relevant considerations of the mitigating circumstances, recommendation of the Jail Superintendent and the young age of the petitioner were not placed before the Governor, depriving him of the opportunity to exercise his power in a fair and just manner.”

The court noted that there were “numerous discrepancies and falsities” in the affidavits filed by the Chhattisgarh government.

Making it clear that “life imprisonment means (till the) end of one’s life”, it said: “Further, the incarceration of the petitioner in solitary confinement without any judicial order has run awry of the fundamental rights, and this court, being the sentinel of the Constitution, is bound to intervene and give relief to the petitioner.”

Source: India.com, June 29, 2017

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