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America Is Stuck With the Death Penalty for (At Least) a Generation

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With Justice Anthony Kennedy's retirement, the national fight to abolish capital punishment will have to go local.
When the Supreme Court revived capital punishment in 1976, just four years after de facto abolishing it, the justices effectively took ownership of the American death penalty and all its outcomes. They have spent the decades since then setting its legal and constitutional parameters, supervising its general implementation, sanctioning its use in specific cases, and brushing aside concerns about its many flaws.
That unusual role in the American legal system is about to change. With Justice Anthony Kennedy’s retirement from the court this summer, the Supreme Court will lose a heterodox jurist whose willingness to cross ideological divides made him the deciding factor in many legal battles. In cases involving the Eighth Amendment’s prohibition against cruel and unusual punishment, his judgment often meant the difference between life and death for hundreds of death-row pr…

South Carolina Senate empowers state to use electric chair

Electric chair
After years without the drugs to do lethal injections, the South Carolina Senate has agreed to require condemned inmates go to the electric chair instead.

South Carolina law has empowered residents of death row to make a choice between lethal injection and the electric chair since 1995, so the lack of drugs enabled them to stay alive by choosing injections. 

Capital punishment essentially ended in 2011 in South Carolina, a state that had been averaging close to 2 executions a year. "He picks out the option that can't be carried out, extending his life indefinitely," complained a sponsor of the bill, state Sen. William Timmons.

The proposal passed 26-12 on Tuesday and faces a last procedural vote Wednesday before being sent to the House, where it is expected to face even less opposition.

South Carolina has electrocuted more than 200 inmates since first installing the electric chair in 1912, according to the Death Penalty Information Center , including 14-year-old George Stinney in 1944, who remained the youngest person executed in the United States in the 20th century. A judge finally vacated the black teen's conviction in 2014, saying he didn't get a fair trial in the deaths of 2 white girls.

The drugs South Carolina uses to perform lethal injections expired a few years ago, and pharmacies have refused to sell the state new drugs, either because they are ethically against their use in executions, or because they don't want their names made public if they do sell them.

Another execution bill that would shield the names of drug companies from the public has been introduced in the Legislature, but isn't as far along.

Some opponents said South Carolina could use the lack of execution drugs to show that the state truly cherishes life, by protecting fetuses in their mothers' wombs as well as inmates on death row.

"An unborn child is innocent," responded Timmons, a Republican from Greenville. A murderer who has committed heinous crimes is guilty."

State Sen. Gerald Malloy said he opposed the bill both on moral grounds and for practical reasons. The Hartsville Democrat said he expects lawsuits from inmates who were sentenced to death when the execution method was up to them. He also predicted a higher taxpayer burden for public defenders as prosecutors become more likely to seek the death penalty, knowing it can be carried out.

"I think we are going to spend a lot of money proving a point," Malloy said.

The Senate rejected an amendment from Democratic state Sen. Brad Hutto from Orangeburg, who proposed bringing back the firing squad. He said it's a more humane execution method, and South Carolina will never run out of guns or bullets.

Currently 35 inmates are on South Carolina's death row. The state has executed 39 inmates since lethal injection became an option 23 years ago, and only 3 of them chose the electric chair.

Source: Associated Press, March 8, 2018


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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

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