In my more than four decades as a law professor, I have studied issues of fairness in our criminal justice system, particularly in the area of the death penalty. Thus I was struck by a question that a juror who served Ray Tibbetts’ capital trial, Ross Allen Geiger, posed in a letter to Gov. John Kasich: “Governor, if we are going to have a legal process that can send criminals to death that includes a special phase for mitigation shouldn’t we get it right?” Mr. Geiger’s question gets to the heart of why Gov. Kasich should exercise his executive clemency powers now to commute Tibbetts’ death sentence to a life sentence with no opportunity for parole. Mr. Geiger spoke out after coming across mitigating evidence offered to support Tibbetts’ recent request for clemency. The plea for life at trial had been meager, with vague references to a “horrible” childhood and “not very happy” foster homes from a single witness. And the prosecution disputed even this minimal presentation...
Striving for a World without Capital Punishment