Well, I'll Be ... . All Of A Sudden, Louisville Courier Journal "Wakes Up" And DISCOVERS Jack "Conway's Misgivings", As The Newspaper Urges A "Halt [Of] Executions". Tsk! Tsk!!
Halt executions
The findings of a blue-ribbon panel that studied the death penalty in Kentucky are disturbing but welcome. Short of abolishing capital punishment, which would be the best course for the commonwealth, a moratorium on executions would be a welcome alternative.
The team of law professors, retired judges and attorneys who studied capital punishment laws and procedures for the past two years found that they do not “sufficiently protect the innocent, convict the guilty and ensure the fair and efficient enforcement of criminal law.”
Nobody should be surprised about this. For decades, the evidence has been strong, in some cases tragic, that executions have been carried out based on either inadequate or even downright false information. The pattern was so disturbing that in 1972, the U.S. Supreme Court struck down state and federal laws that, the majority said, were “arbitrary and capricious.” Laws were re-written to respond to that ruling and by 1977, executions were resumed in many states.
There are all sorts of reasons, both legal and moral, why capital punishment should be eliminated. The United States is the last Western country where the state puts its people to death. And in this country, the instances of where the punishment has been applied in a way that discriminates, particularly against African Americans, are so numerous that it needs to go.
The commission made recommendations that would protect the rights of the accused, prevent evidence from being destroyed and ensure the independence of those who study that evidence. The panel also called for adopting model codes in important areas and suggested statewide standards for capital defense lawyers and guidelines about prosecutors’ discretion in seeking the death penalty.
While people of good conscience have great sympathy for the feelings of the victims’ families, as well as respect for trial verdicts and the judicial review process, Attorney General Jack Conway is misguided in disputing the findings of the commission.
Other leaders in the legal profession and government, including the Governor and the chief justice, should disregard Mr. Conway’s misgivings and impose a moratorium.
The findings of a blue-ribbon panel that studied the death penalty in Kentucky are disturbing but welcome. Short of abolishing capital punishment, which would be the best course for the commonwealth, a moratorium on executions would be a welcome alternative.
The team of law professors, retired judges and attorneys who studied capital punishment laws and procedures for the past two years found that they do not “sufficiently protect the innocent, convict the guilty and ensure the fair and efficient enforcement of criminal law.”
Nobody should be surprised about this. For decades, the evidence has been strong, in some cases tragic, that executions have been carried out based on either inadequate or even downright false information. The pattern was so disturbing that in 1972, the U.S. Supreme Court struck down state and federal laws that, the majority said, were “arbitrary and capricious.” Laws were re-written to respond to that ruling and by 1977, executions were resumed in many states.
There are all sorts of reasons, both legal and moral, why capital punishment should be eliminated. The United States is the last Western country where the state puts its people to death. And in this country, the instances of where the punishment has been applied in a way that discriminates, particularly against African Americans, are so numerous that it needs to go.
The commission made recommendations that would protect the rights of the accused, prevent evidence from being destroyed and ensure the independence of those who study that evidence. The panel also called for adopting model codes in important areas and suggested statewide standards for capital defense lawyers and guidelines about prosecutors’ discretion in seeking the death penalty.
While people of good conscience have great sympathy for the feelings of the victims’ families, as well as respect for trial verdicts and the judicial review process, Attorney General Jack Conway is misguided in disputing the findings of the commission.
Other leaders in the legal profession and government, including the Governor and the chief justice, should disregard Mr. Conway’s misgivings and impose a moratorium.
Labels: News reporting
posted by KYJurisDoctor at 7:59 AM
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