On Thursday night, the main person of interest in the investigation into the four men who disappeared in Pennsylvania last week confessed that he killed all of them. Cosmo DiNardo, 20, admitted to the murders in exchange for the district attorney’s agreement to not pursue a death sentence, one of his lawyers said.

The confession came one day after investigators found human remains in a “common grave” on DiNardo’s parents’ property, which the police had spent days searching. The remains were identified as belonging to Dean Finocchiaro, 19. Thanks to cadaver dogs, the grave could be found despite being 12.5 feet deep. The bodies of the remaining men were later identified in the same grave.

Early Friday morning, a second man was arrested, 20-year-old Sean Kratz. Both men face charges of criminal homicide, conspiracy to commit criminal homicide, abuse of a corpse, and robbery.

Video of defense attorney Paul Lang’s statement that Cosmo DiNardo confessed to his involvement with the murder of four Bucks County men. pic.twitter.com/3mcdXPfSx0

— James Boyle (@jamesboylejr) July 13, 2017

The Killer Knew the Victims

Police suspected early on that all the men knew each other. Jimi Patrick, 19, was the first to disappear, and was last seen on July 5. He reportedly graduated from the same small high school as DiNardo did, just one year later. Finocchiaro was last seen on the evening of July 7, as was Thomas Meo, 21, and Mark Sturgis, 22. Meo and Sturgis were longtime friends who both worked for Sturgis’ father.

Finocchiaro and DiNardo were both members of a Facebook group for people buying and selling terrain vehicles, and text messages in a group chat showed that they knew each other. A friend of Meo and Sturgis, Eric Beitz, said that DiNardo had been hanging out with them recently and that he talked about “weird things like killing people and having people killed.” Apparently DiNardo also sold guns. Sturgis’ father said he had heard his son and Meo mention Finocchiaro in the past.

History of Mental Illness

Cosmo DiNardo was well known to law enforcement and had had 30 contacts with law enforcement in just six years. He suffers from mental illness and spent time at a mental institution last summer where he was involuntarily committed. It is unknown for what specifically, but a prosecutor described him as schizophrenic.

On Monday, Dinardo was arrested for an unrelated charge of possessing a firearm despite suffering from a mental illness. The incident involving the firearm reportedly happened in February, but the district attorney authorized police to refile the charges last month. His father then paid 10 percent of his $1 million bail.

Missing Pennsylvania man’s cellphone signal led police to Cosmo DiNardo’s farm where human remains were found: https://t.co/sLbCqNEuGQ pic.twitter.com/WjjN3ZKJvg

— CBS News (@CBSNews) July 14, 2017

The Crime

Police early on focused on DiNardo as a person of interest in the case of the missing men, after a signal from Finocchiaro’s cellphone was traced to DiNardo’s family farm. On Wednesday, DiNardo was arrested for trying to sell Meo’s car for $500 to a friend, who called the police.

The car was found on another property owned by the DiNardos, but was still officially registered to Meo. Meo’s diabetic kit was still in the car, which according to family members, he didn’t go anywhere without. After that, DiNardo’s bail was set at $5 million. On Wednesday, cadaver dogs led police to the grave.

DiNardo told investigators he promised to sell the men marijuana, but then he decided to kill them and keep their money. He shot and killed Patrick on July 5, and used a backhoe to dig a hole in which to bury the body.

On July 7, DiNardo and Kratz met with Finocchiaro, also involving marijuana sales. Kratz shot Finocchario, and DiNardo placed him in a metal tank.

Later that same day, DiNardo shot Sturgis and Meo and placed them in the same tank as Finocchiaro. The next day, DiNardo and Kratz dug a deep hole using the backhoe and buried the whole tank. There are sure to be more details to come as investigators continue their search and press the men.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Two Arrested For Murders of Four Missing Pennsylvania Men appeared first on Law Street.

Monday was supposed to be the first day in a string of executions in Arkansas, as the state’s supply of the sedative midazolam, which is used in the lethal injection, expires at the end of the month. That is why Arkansas Gov. Asa Hutchinson ordered eight executions to take place over 11 days, before the current stash of midazolam expires. But a succession of lawsuits has stopped the executions from happening.

This is the latest development in a messy legal fight as Arkansas is pushing to execute eight prisoners in almost as many days. Last month, the eight prisoners filed a lawsuit in which they called the state’s rush to kill them “reckless and unconstitutional.” They also cited the use of midazolam as a problem, as many other states have stopped using the drug after a couple of botched executions that led to slow and painful deaths.

At the end of last week, pharmaceutical companies Fresenius Kabi USA and West-Ward Pharmaceuticals Corp. filed a friend of the court brief in the prisoners’ lawsuit. Fresenius Kabi said it believes that the state of Arkansas acquired potassium chloride, the second ingredient in the three-drug lethal injection, from the company, and that it did so under false pretenses.

Arkansas fights in multiple courts to carry out two of eight planned executions Monday. https://t.co/ueFxXfktba

— AP Central U.S. (@APCentralRegion) April 17, 2017

On Friday, Arkansas Judge Wendell Griffen halted the use of the third of the three execution drugs, vecuronium bromide. The manufacturer of this drug, McKesson Corporation, also claimed that the state bought it under false pretenses, by using the medical license of an Arkansas physician. Although Griffen’s ruling was not based on the executions legality, it made the carrying out of the executions impossible. And then over the weekend, federal Judge Kristine Baker halted all of the executions, citing the prisoners’ lawsuit.

“The threat of irreparable harm to the plaintiffs is significant: If midazolam does not adequately anesthetize plaintiffs, or if their executions are ‘botched,’ they will suffer severe pain before they die,” she wrote. But on Monday, the 8th U.S. Circuit Court of Appeals overturned her ruling, saying the evidence that the executions would “cause severe pain and needless suffering” was insufficient.

To complicate matters, Judge Griffen was barred on Monday from hearing any death penalty cases in the state as it was revealed that he attended an anti-death penalty rally right after issuing the halt of the lethal injection on Friday. Griffen not only attended the demonstration, he also lay down on a cot and bound himself with a rope, making it look like he was a death row inmate on a gurney, awaiting execution. The protest took place outside Gov. Hutchinson’s house. Death penalty advocates were outraged and many Republican lawmakers called it judicial misconduct.

Judge rules against #Arkansas #executions. Judge attends anti-#deathpenalty rally. Judge barred from such cases. https://t.co/SodtMofgaj pic.twitter.com/hDLKFp553A

— AP Central U.S. (@APCentralRegion) April 17, 2017

The hurried pace of carrying out eight executions over 11 days is unprecedented in modern times, and Arkansas hasn’t performed an execution since 2005. But Hutchinson has been eager to get going, citing justice for the families of the victims the inmates have killed. And after all the legal back and forth, it looked like the state could go on with the plans. But then in a last minute development, the Arkansas Supreme Court granted a delay in the execution of one of the prisoners, Don Davis, after his attorney sought a stay on Monday. The court also stayed the execution of Bruce Ward.

Arkansas Attorney General Leslie Rutledge asked the U.S. Supreme Court late Monday evening to overrule that decision. The court declined to hear the case. However, late Monday the Arkansas Supreme Court also overruled the restraining order by Griffen on the use of vecuronium bromide, which means the lethal injections are free to use again. But the state is also facing a different problem: it can’t seem to find enough witnesses for the executions. The law requires at least six civilian witnesses at each execution.

So for now, all the prisoners are still alive. But since Baker’s stay of the executions was overruled, there is nothing that stops the state from going through with the executions, as long as there are enough witnesses. On Thursday, two inmates, Ledell Lee and Stacey Johnson, are scheduled for execution.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Arkansas Keeps Fighting to Carry Out Planned Executions appeared first on Law Street.

Last week, Alabama banned judicial override in capital cases, Canada readied to legalize recreational marijuana, and China and South Korea teamed up against a nuclear North Korea. ICYMI, check out the best of the week from Law Street below!

Will Banning Judicial Override for Capital Cases Keep Alabama Out of Court?

As of April 11, Alabama no longer grants state judges the authority to override jury recommendations in capital cases. As one of her first acts as governor, Kay Ivey signed the SB16 bill into law and put an end to judicial override in capital cases in Alabama. The move was likely a preemptive response to shifting legal tides. Had Alabama not revised its laws, it would likely have faced fierce and ongoing battles in court.

Canada Set to Legalize Recreational Marijuana in July 2018

By the summer of 2018, recreational marijuana in Canada could be legal. Later this week, Parliament will take up a bill that would satisfy a popular campaign promise of Prime Minister Justin Trudeau’s Liberal Party: legalizing recreational marijuana in Canada. Medical marijuana is already legal in the country. But some government officials think the target date for legalization, July 1, is too ambitious, and implementation is more likely to begin in 2019.

Nuclear North Korea: Can China, South Korea, and the U.S. Unite?

As tensions on the Korean peninsula continue to heat up, Chinese and South Korean officials met in Seoul on Monday and agreed to strengthen sanctions on North Korea if the state continues to carry out nuclear tests. As the two parties finalized the agreement, South Korea had to respond to news that the United States Navy dispatched a strike group to the Korean peninsula. Many in the region, and throughout the world, fear the U.S. strike force might exacerbate an already fractious situation.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

As of April 11, Alabama no longer grants state judges the authority to override jury recommendations in capital cases. As one of her first acts as governor, Kay Ivey signed the SB16 bill into law and put an end to judicial override in capital cases in Alabama. The move was likely a preemptive response to shifting legal tides. Had Alabama not revised its laws, it would likely have faced fierce and ongoing battles in court.

Alabama, Florida, and Delaware are the only states to have ever allowed judicial override in capital cases. In the 2016 case Hurst v. Florida, the U.S. Supreme Court found Florida’s sentencing scheme in violation of the defendant’s Sixth Amendment right to trial by jury. In response to the high court’s ruling, Delaware’s Supreme Court ruled its state’s sentencing scheme unconstitutional a few months later.

In the wake of Hurst v. Florida, the U.S. Supreme Court denied an appeal by an Alabama death row inmate who claimed he was sentenced under a scheme similar to Florida’s. Alabama’s Supreme Court upheld judicial override nine months later. In spite of these victories, it seems that Alabama was no longer willing to put resources toward defending judicial override in court.

Following Hurst v. Florida, the Florida legislature amended its sentencing practices to reinstate capital punishment. However, Delaware’s General Assembly has yet to pass any such legislation, meaning there is an effective halt on the death penalty in the state. By amending its sentencing laws, Alabama has put an end to a recurrent legal battle and ensured the perpetuity of capital punishment in the state.

While Alabama has removed judicial override, its new sentencing practices could still face legal challenges. Following the chain of events set in motion by Hurst v. Florida, Alabama is now the only state that allows a jury to non-unanimously recommend the death penalty.

Before the Hurst v. Florida ruling, Alabama, Florida, and Delaware allowed a jury to recommend the death penalty with 10 of 12 votes. In the same ruling that banned judicial override, Delaware’s Supreme Court deemed non-unanimous recommendations unconstitutional. While Florida’s initial legislation preserved the practice, the Florida Supreme Court later found non-unanimous recommendations constitutional.

Alabama’s Supreme Court would almost certainly uphold non-unanimous death penalty recommendations, and the U.S. Supreme Court has not explicitly ruled on the matter. The overwhelming consensus against the practice suggests Alabama could once again find itself in court.

Callum Cleary

Callum is an editorial intern at Law Street. He is from Portland OR by way of the United Kingdom. He is a senior at American University double majoring in International Studies and Philosophy with a focus on social justice in Latin America. Contact Callum at Staff@LawStreetMedia.com.

The post Will Banning Judicial Override for Capital Cases Keep Alabama Out of Court? appeared first on Law Street.

Republican Governor Rick Scott of Florida used an executive order on Monday to remove the first black elected prosecutor in the state, Orange County State Attorney Aramis Ayala, from 21 murder cases. The conflict between Ayala and Scott started last month after Ayala, a Democrat, announced that she wouldn’t be seeking the death penalty in a murder case. Scott reacted by taking the case, in which a man is accused of killing a pregnant woman and a police officer, away from Ayala.

Scott called the decision “unacceptable,” and said “that she is not interested in considering every available option in the fight for justice.” According to Ayala’s spokesperson Eryka Washington, she didn’t know about the reassignments until they were reported in the media. Washington said that Ayala believes Scott is abusing his authority and “has compromised the independence and integrity of the criminal justice system.”

The news created a lot of mixed feelings on social media, with a lot of people criticizing the governor for overreach.

does an elected prosecutor have right to decide against seeking death? – ongoing legal battle worth following in FL https://t.co/9pLaX7yYJQ

— Wesley Lowery (@WesleyLowery) April 3, 2017

Many also pointed out concerns about the death penalty:

Thank you to Aramis Ayala. The death penalty is an ineffective deterrent, racially discriminatory and morally wrong. https://t.co/LiFtodFqat

— Keith Boykin (@keithboykin) April 4, 2017

Also on Monday, State Representative Bob Cortes urged Scott to go even further and remove Ayala from office. He argued that she is trying to change the law–he said that “she is elected there to follow it,” and not change it. He claimed that Ayala is neglecting her responsibility to those who elected her by not considering the death penalty. According to the Florida state constitution, a governor can remove any elected official who isn’t fulfilling her duty.

But it’s hard to determine whether or not she is fulfilling her duty, given that prosecutorial discretion allows Ayala to decide how to best pursue her cases. And it’s worth noting that opinions on the death penalty differ in the United States. Research has repeatedly shown that it’s not effective in deterring people from committing crimes. There is also the risk of executing an innocent person, and examples of botched executions where the prisoner doesn’t die right away but has to endure a slow, torturous death. The drugs that are used are increasingly expensive and hard to access, as many medical companies don’t want to contribute to executing people. And the trials where prosecutors seek the death penalty involve an additional phase for sentencing, which makes the whole ordeal more expensive than a regular trial.

Back in March, when Ayala made it clear that she wouldn’t be seeking the death penalty for the rest of her term, she also mentioned the downside of instilling hope in victims’ families about an execution that might take months or years before being carried out–if ever. “I have determined that doing so is not in the best interests of this community or in the best interests of justice,” she said.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Florida Prosecutor Won’t Seek Death Penalty, Governor Yanks Her Cases appeared first on Law Street.

Capital punishment in the United States has long faced public scrutiny. The death penalty is a topic of debate among Americans largely due to concerns about its efficacy in deterring crime, as well as growing rates of botched executions. In 2016, the U.S. saw a record decline in death penalty use and public support. A number of states postponed scheduled executions due to drug shortages and botched executions. While capital punishment remains legal in 32 states, this number could steadily decrease based on the current political climate.

Current Death Penalty Trends

The Death Penalty Information Center (DPIC) reported that 30 people were sentenced to death in its 2016 Year End Report–the lowest number of death sentences since states began to re-enact death penalty statutes in 1973. It found that executions also declined more than 25 percent, with only 20 executions carried out in 2016 by just five states.  Public opinion polls show support for the death penalty at a four-decade low. At just 49 percent, support fell below 50 percent for the first time in 45 years, according to a study by the Pew Research Center. This is a seven point drop from the previous year.

The DPIC concluded that the number of people waiting on death row decreased in 2016, as prisoners either passed away in custody, or obtained relief from their convictions. There was also a decline in the number of counties in death penalty states pursuing capital punishment. This past year three states–California, Nebraska, and Oklahoma–overwhelmingly voted to reject propositions that would have eliminated the death penalty. In California there hasn’t been an execution since 2006, and yet residents still seem to be in favor of its use, when deemed appropriate. Geography also played a roll in American death penalty trends. Eighty percent of all executions in 2016 were carried out by only two states–Texas and Georgia.

Mental Health Issues

Historically, executed prisoners tend to be those who are the most vulnerable, with the poorest legal representation. The DPIC’s review found that at least 60 percent of executed prisoners exhibited a combination of mental health issues including: signs of mental illness, brain impairment, and low intellectual functioning.

In Texas, a mentally ill prisoner was executed who exhibited signs of mental illness since infancy and was diagnosed with a variety of mental afflictions by the time he was 18. Georgia also executed an intellectually disabled prisoner, who was black, even though he had an openly racist juror, a trial lawyer who slept through portions of the trial, and significant evidence of an intellectual disability presented in post-conviction proceedings. Additionally, six of the prisoners who were executed in 2016 were 21 or younger at the time of their offenses.

A case argued before the Supreme Court in late 2016 attempted to dispute the constitutionality of executing prisoners with intellectual disabilities. Moore v. Texas questions the “standards that may be used to determine whether a defendant convicted of murder is mentally deficient.” Lawyers for the defendant argued that Texas utilizes outdated methods of determining mental capacity, rather than the standards mandated by the Supreme Court. The defendant, Bobby J. Moore, has an average IQ of 70 based on multiple tests. Texas argued that there is no national standard for determining mental capacity; the ruling from the Supreme Court, while still currently unknown, will certainly have a profound effect on other states’ death penalty procedures.

Botched Executions and Experimental Drugs

The overall decline in the use of the death penalty may also be attributed to recent botched executions. Lethal injection, the most utilized form of execution, has a botched execution rate of 7.12 percent. All manufacturers of FDA-approved drugs that could potentially be used for lethal injections have enforced a strict ban on selling their drugs for that purpose; companies are no longer keen on associating any of their products with capital punishment proceedings.

Problematic lethal injection procedures have been of great concern for the past few years and have occurred all over the country. In Ohio, the prisons’ agency is attempting to obtain a drug that could reverse the lethal injection process if needed. If executioners were not confident the first three drugs rendered a prisoner unconscious, they would be able to use the drug to reverse the effects. This request comes after executions have been on hold in the state since January 2014, when a prisoner gasped and snorted during the 26 minutes it took him to die. Arizona’s last execution was also in 2014, when a prisoner took two hours to die after receiving an injection of the drug midazolam.

As recently as December 2016, a man executed in Alabama struggled for air, coughed, heaved, and clenched his left fist during the 13 minutes of his execution. Two consciousness checks were performed during the execution. The inmate moved his arm both times after the tests. The first drug used in the three-drug cocktail was midazolam. The Supreme Court ruled in a 5-4 decision in 2015 that the use of midazolam is constitutional, in spite of reports that the drug does not reliably render an inmate unconscious.

Despite its death row population remaining in limbo after the Supreme Court struck down the state’s capital sentencing system in January 2016, Florida is poised to start utilizing a new experimental lethal injection drug. Such a move is likely to cause more litigation in the coming future, as anti-death penalty advocates are troubled by the use of experimental procedures in lethal injections.

Efficacy in Deterring Crime and Racial Bias

Though capital punishment is employed to deter violent crime, there is little evidence that it actually does so. In a 2008 Death Penalty Information Survey, 88 percent of polled criminologists said they do not believe that capital punishment is an effective deterrent for crime. As recently as 2015, non-death penalty states had a murder rate of 4.13, while death penalty states had a murder rate of  5.15—a 25 percent difference. In every year since 1990, non-death penalty states had a lower murder rate than death penalty states. And in a 2008 poll of 500 police chiefs, the death penalty ranked last in their priorities for reducing crime.

Moreover, the racial bias in the criminal justice system is astounding. Over half of the current death row population since 1976 is non-white. Interracial murders also disproportionately target blacks. Since 1976, 283 black defendants have been executed for the murder of a white victim; this is in stark contrast to the 20 white defendants executed for murdering a black victim. A 2014 study performed by Professor Katherine Beckett of the University of Washington, found that jurors in Washington from 1981-2014 were four and a half times more likely to sentence a black defendant to death than a non-black defendant.

Conclusion

The decline in the number of prisoners executed in 2016, as well as the decrease in the number of people sentenced to death, seem to signify a move away from capital punishment in the U.S. Such a drop in executions may be attributed to states putting their executions on hold after extremely troublesome lethal injection proceedings over the past few years, rather than a general shift toward other sentencing alternatives. Regardless of waning numbers, citizens voted in large margins to retain the death penalty in multiple states this year, indicating that support for the death penalty in particular cases is still acceptable to many. Whether any state protocols and procedures will change, however, depends heavily on Supreme Court decisions in the future.

Nicole Zub

Nicole is a third-year law student at the University of Kentucky College of Law. She graduated in 2011 from Northeastern University with Bachelor’s in Environmental Science. When she isn’t imbibing copious amounts of caffeine, you can find her with her nose in a book or experimenting in the kitchen. Contact Nicole at Staff@LawStreetMedia.com.

The post Is the U.S. Slowly Phasing Out Capital Punishment? appeared first on Law Street.

According to a long line of Supreme Court cases, death is different. Because it is the ultimate penalty, every aspect of a trial and sentencing are subjected to the highest levels of scrutiny when the death penalty is involved. As a society, we fall short of the high standard of care that we hope to achieve in these cases but we instinctively feel that cases involving execution are special.

Much attention is paid to the process of trying, convicting, and sentencing for capital offenses, but recently, attention has also been paid to the execution process itself. In May, Pfizer, one of the largest pharmaceutical companies in the United States, announced that it would be taking steps to block states from purchasing its drugs for use in executions. Some states feel that only lethal injection is an appropriately humane method. Some allow the use of the electric chair as well. In Utah, the use of a firing squad is once again an option. For states that do not allow methods other than lethal injection, these restrictions are creating a shortage of the cocktail of drugs involved, impacting the state’s ability to execute those they have sentenced.

Blocking states’ ability to purchase these drugs limits their ability to execute those convicted of capital crimes by that method but it merely delays these executions until other methods can be approved or the drugs are acquired some other way. It isn’t an effective method for changing capital punishment as a policy. But companies in the United States, and all over the world, have used their power to refuse to sell these drugs to protest the death penalty with mixed consequences.

The Process

Lethal injection as a method of execution is surprisingly complicated. One would think that the process of killing a prisoner would be simple, but in most states that is not the case. Executions typically involve a cocktail of three different drugs. First a sedative, typically some kind of barbiturate, to render the condemned unconscious. Then a paralytic, which affects one’s ability to breathe. Finally, potassium chloride to stop the heart.

This Forbes article goes into detail regarding the specific drugs and their effects on the human body, but essentially, the potential to cause suffering through misapplication of this method is very high. In the video below from CNN, Dr. Sanjay Gupta also gives a brief explanation of the process here, specifically in regard to the “botched” execution of Clayton Lockett.

As explained in the video, the execution process failed to go as planned even though Oklahoma was following a protocol that had been approved and is not considered to be inhumane. In fact, the Supreme Court recently upheld the protocol–specifically the use of the drug midazolam as the sedative–finding that it is not in violation of the 8th Amendment prohibition against cruel and unusual punishment. Oklahoma increased the amount of that drug used in its executions since the Lockett execution, but the essential three-step drug protocol is the same.

This is the central problem that Pfizer is trying to address with its sales ban. Like other companies and the European Union, which also bans the sale of drugs used in executions to state facilities, Pfizer does not want its products used to carry out executions. These products, Pfizer argues, were meant to promote health for its clients and using them in an execution is antithetical to its purpose as a company.

But these efforts, although they may assuage the consciences of the companies and nations that employ them, are not without cost. They make it just difficult enough for states to acquire these drugs that the process becomes less transparent and more dangerous, but not difficult enough to stop executions altogether. States have come up with various methods to circumvent these restrictions. For example, reviving the firing squad as an option in Utah is in part a response to the difficulty getting lethal injection drugs.

States also now turn to “compounding pharmacies” to get the necessary drug cocktail. These companies purchase the drugs by themselves, since the state cannot buy them due to company restrictions, and combine them for use in an execution. They aren’t regulated to the same degree as a traditional pharmaceutical company, which means figuring out how effective the drugs will be in making execution as humane as possible is more difficult. States also may try to use straw men purchasers in order to get the needed drugs.

In order to facilitate these executions by lethal injection, as opposed to another method such as the electric chair, Virginia and a few other states have proposed allowing pharmacists who assist the state to remain secret. This video provides some of the arguments against this proposal and a look at some of the legal issues surrounding it.

Allowing pharmaceutical companies who assist the state in executions to remain secret or to hide the sources of the drugs creates a host of concerns. Firstly, it prevents lawyers from getting the necessary information to challenge an execution that they feel was cruel and unusual. They won’t be able to get evidence about the protocol used in that particular execution, making it harder to stop a protocol from being repeated the future. Secondly, it prevents lawyers from finding out where the drugs are coming from before the execution as well, so they would be unable to challenge the use of drugs from a company that had a history of errors in other medical contexts.

It also eliminates the fear of being sued or criminally charged for mistakes made in the preparations of the drugs, which is one of the most powerful incentives for pharmaceutical companies to behave properly. In the absence of adequate regulation, the power to be economically damaged by a lawsuit is one of the ways that consumers can ensure product safety. Getting rid of that tool for death penalty drugs could allow the negligent behavior to go unchecked. While there are lobbying groups who oppose the death penalty that put pressure on pharmaceutical companies, there is not the same widespread social concern for this issue that would give companies an incentive to be responsible, for fear of a boycott, as there would be for a product like aspirin. The heinous nature of the crimes that these prisoners have committed means that many people aren’t concerned about whether they are executed humanely. Even in cases where the execution was extremely painful, so-called “botched” executions, it isn’t a top priority for most to change how we execute criminals.

Humane For Whom? 

Moves by pharmaceutical companies to prevent their drugs from being used in executions has sparked an interesting debate. Most would argue that they should have the right to restrict these sales, but in doing so they are actually increasing the likelihood that states will botch executions. Several executions have been delayed but a state is more likely to turn to a compounding pharmacy or get the drugs from another state than it is to revert to an alternate method of execution. So far only Utah and Oklahoma have gone outside the box–with firing squad and gas chamber respectively–that our interest in “humane” executions has placed us in. We tend to think of lethal injection as the best method because it is the most medically supervised and modern practice used. But 7 percent of executions by lethal injections are “botched,” meaning 7 percent of the time someone made a mistake that could have left the prisoner sensible to pain or prolonged their death for many minutes or hours. Although it is less often used, the percentage of botched firing squad executions is zero.

Despite its cheapness and efficiency as a method of execution, the guillotine has not seen a resurgence of popularity either, although it was originally invented as a more humane alternative to hanging as a means of execution. If the condemned were acting rationally they would choose the guillotine rather than lethal injection as their method of choice because, like a firing squad, a prolonged execution is less likely. From that viewpoint, it is a more humane method. Yet we continue to employ lethal injection because it is considered a more humane method by the observers.

There is a case to be made for pharmaceutical companies to work together with states. If these companies want to improve humane executions, while keeping the death penalty intact, working with states rather than against them might be the best option. Pharmaceutical companies have access to the best research available and thousands of drugs that are used in life-saving therapies that might be helpful in executions as well. When companies decide to restrict the use of their drugs for executions, advocacy groups generally applaud them, but they may want to work together to improve the current system first. If lethal injection is really the best method, then these companies and advocacy groups might be able to better serve the people they wish to protect by advocating for better lethal injections, even if they are continuing to advocate for an outright ban at the same time.

Conclusion 

Pfizer’s announcement has been ridiculed by many as simply a PR move to appeal to a constituency that opposes the death penalty. Especially since those who support the death penalty don’t typically care enough about it to protest a company that opposes it. It is impossible to know if Pfizer’s concerns are genuine but they aren’t alone in their attempts to ban the use of these medications in a practice they find unethical. Companies commonly take moral stands on issues and either grant or refuse their support based on those values. But Pfizer and companies like it may be doing more harm to their cause than good. Rather than forcing states to make an end-run around their restrictions, thereby making executions less transparent and less humane, pharmaceutical companies should work with states to ensure that their products are being used as humanely as possible.

Resources 

NPR: Utah Brings Back Firing Squad Executions

Death Penalty Info: State Lethal Injection

Forbes: The Pharmacology and Toxicology of Execution by Lethal Injection

CNN: Clayton Lockett Oklahoma Execution

NPR: Supreme Court Says Oklahoma’s Use of Midazolam in Lethal Injection Is Legal

Wall Street Journal: Pfizer Tightens Controls to Block Use of Its Drugs In Executions

New York Times: Pfizer Blocks the Use of Its Drugs in Executions

Death Penalty Info: Some Examples Post-Furman Botched Executions 

Atlantic.com: The Case For Bringing Back the Guillotine

Mary Kate Leahy

Mary Kate Leahy (@marykate_leahy) has a J.D. from William and Mary and a Bachelor’s in Political Science from Manhattanville College. She is also a proud graduate of Woodlands Academy of the Sacred Heart. She enjoys spending her time with her kuvasz, Finn, and tackling a never-ending list of projects. Contact Mary Kate at staff@LawStreetMedia.com

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Capital punishment has long been a controversial practice in the United States. Some feel that society needs to rid the country of America’s most heinous criminals in order to make room for new prisoners or to save taxpayer money, while others point out that the U.S. has executed more than 150 innocent people and this punishment cannot be undone. But why do people feel so strongly about the death penalty, how have their feelings changed over time, and what does this mean for capital punishment moving forward?

The Death Penalty Today

Demographics of the Death Penalty

In 2013, of the 2,979 inmates on death row, roughly half of them were held in four states: California, Texas, Florida, and Pennsylvania. Divided by race, inmates were 56 percent white and 42 percent black. Along gender lines, men outnumbered women one to 49, with men comprising 98 percent of death-row inmates and women only two percent.

Which states still use the death penalty?

The following states still use capital punishment:

The federal government and military also use capital punishment.

Each state determines which crimes are punishable by death. Crimes other than murder that can end in a death row sentence include rape of a child, weapons of mass destruction resulting in death, aggravated kidnapping, assault by an escaped capital felon, and aircraft hijacking.

The U.S. Federal Government uses the death penalty for 41 capital offenses including murder for hire, treason, terrorism, espionage, genocide, large-scale drug trafficking, and attempting to kill a witness, juror, or court officer in certain cases.

The following states abolished or no longer use capital punishment:

When the death penalty was removed or abolished in some states, lawmakers were faced with the question of what to do with those already on death row. Should those sentenced to death before the new law be allowed to live? In New Mexico and Connecticut, the answer was no. In 2009 when New Mexico eliminated the penalty, the law was not retroactive, which meant the two people on the state’s death row would still face execution. As of 2015, those two are still on death row. Also those who committed crimes worthy of the death penalty before 2009 could still face execution. The same ruling occurred in Connecticut, which had 11 people still on the state’s death row.

Arguments For and Against the Death Penalty

According to a 2014 Gallup poll, the most common justification for the death penalty is that the punishment fits the crime: an eye for an eye. This reasoning has dramatically decreased in the last 13 years, with 48 percent support in 2001, to 35 percent in 2014. Other reasons include a belief that the convicted person deserves it, that the death penalty can be used to set an example, and that it saves taxpayer money.

According to the same poll, the most popular reasons why people do not support capital punishment include a belief that it’s wrong to take a life at (40 percent), the fear of wrongful execution (17 percent), and religious purposes (17 percent). The fact that it costs more to keep prisoners on death row is very far down the list, polling at only two percent.

These are the various ways in which Americans perceive the death penalty, but are they correct?

The Cost of the Death Penalty

Despite 14 percent of Americans supporting the death penalty in order to save taxpayer dollars, it is actually more expensive to kill an inmate than to incarcerate him for the rest of his life. This revelation complicates the argument over whether or not it makes sense to employ the punishment.

A Los Angeles Times study found that the state of California spent more than $250 million per execution. California has executed 11 people over the course of 27 years and spends an average of $114 million per year on death row inmates. The state spends an additional $114 million per year on security and legal representation. The study also found that housing a death row inmate costs $90,000 more than non-death row inmates. Since reinstating the death penalty in 1978, California has spent more than $4 billion on executions. The reason why death row inmates are so costly is due to the complex and drawn out judicial process. Appeals cost the state and federal government time and money, and the concrete evidence needed, such as DNA testing, is costly. 

Other states have also found that the cost of the death penalty is higher than life sentence cases as well. A Seattle University study that examined death penalty cases in Washington state since 1997 concluded that on average capital punishment cases cost $1 million more than cases that did not seek the death penalty, with costs of $3.07 million and $2.01 million, respectively. Defense and prosecution costs were more than triple in death penalty cases. Since Washington reinstated the death penalty in 1981, the state has spent $120 million on five executions with an average of $24 million per execution.

In Nevada the cost of a capital punishment case is between $1.03 million and $1.3 million while a non-capital punishment case costs about $775,000. The reason for this difference is because death penalty cases are more lengthy and costly to make certain that the sentence is correct.

The average time a convict sits on death row has been increasing since the 1980s. In 1984 the average time between sentencing and execution was 74 months, or a little over six years. In 2012 it was 190 months, or nearly 16 years. That means the average inmate executed in 2015 was convicted in 1999.

In order to prove a fair sentence for execution all doubts must be erased. That is why death row inmates are given due process and appeals after their original sentences.

Concerns Over Wrongful Executions

Even today death row inmates are exonerated due to new evidence and doubts. As of May 2015 there have been 152 people exonerated from death row in United States history, leading to the concern that the justice system is far from infallible.

For example, in 2015 accused murderer Anthony Ray Hilton was freed after 30 years on death row in Alabama. His case made it to the Supreme Court and his defense attorney during his 1985 trial was found “constitutionally deficient” and ballistic evidence proved that he was not the murderer. The case was dropped by the Jefferson County district attorney’s office on April 1, 2015 and two days later his conviction was overturned. Because of his wrongful incarceration, Hilton missed the birth of his grandchild and the death of his mother.

So, is public opinion on the death penalty changing?

Since the 1930s, statistics show that a majority of the U.S. population supports the death penalty. The public’s opinion has fluctuated slowly over time with approval increasing from 47 percent in 1967 to 80 percent in 1995 and decreasing to 63 percent in 2014.

One thing is clear: Americans are losing confidence in the death penalty. According to Gallup, since the late 1990s, support for the death penalty for a convicted killer has fall by 17 percent and opposition has increased by 17 percent.

Conclusion

Capital punishment is legally complicated in many states. Some have the death penalty but do not use it. Others have abolished it but can still sentence people to death. Americans have a lot of things to take into account when deciding what side of the debate they fall into–whether its ethics, costs, or the time it takes to enact capital punishment. The more than 150 confirmed wrongful executions in the United States show that trials and law are not infallible. While approval of the death penalty continues to decrease every year, it’s doubtful that the U.S. will be making a big change any time soon.

Resources

Primary

Bureau of Justice Statistics: Prisoners in 2013

U.S. Department of Justice: Capital Punishment

Additional

Gallup: Death Penalty

Death Penalty: The High Cost of the Death Penalty

Death Penalty: Cost of the Death Penalty

Guardian: Alabama Man Off Death Row After 28 Years

Death Penalty Info: States With and Without the Death Penalty

Mike Stankiewicz

Mike Stankiewicz came to Washington to follow his dream of becoming a journalist. The native New Yorker studied Broadcast Journalism and Law and Society at American University. In his leisure time he enjoys baseball, hiking, and classic American literature. Contact Mike at staff@LawStreetMedia.com.

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The United States is running out of lethal injection drugs. European pharmacies have refused to sell any more of their pentobarbital or other such supplies to America after they received information that the drugs were being used to kill inmates. Most of the E.U. has abandoned the use of capital punishment; the U.S. is the only Western country that still carries out executions.

As followers of the American penal system and/or fans of Gone Girl know, the rules regarding capital punishment vary from state to state. At present, 32 states in the U.S. enforce the death penalty, including Utah and Texas.

Lawmakers are seeking “back ups” to lethal injection. Utah Governor Gary Herbert signed a bill on Monday that allows death row prisoners to be killed by firing squad when execution by lethal injection is not available.

Read More: Lethal Injection Crisis: How States Are Solving the Problem

What are the procedures for a firing squad execution, you may ask? Officers volunteer to be part of a three-person shooting team. The anonymous trio shoots at a target over the inmate’s heart. One of the three guns that is used is loaded with a blank round, so nobody knows exactly which officer killed the inmate.

Read More: It’s Time to Bring Back the Firing Squad

If you are part of the 55 percent of Americans who support the death penalty for convicted murderers, you might agree with Fordham Law Professor Deborah Denno’s evaluation of death by firing squad:

It’s the only method we have in this country for which people are trained to kill. It appears the death is the quickest.

Other methods of capital punishment have also been discussed. The electric chair, death by hanging, and gas chambers were ruled out. Judge Alex Kozinski expressed his views on the use of another controversial killing method:

The guillotine is probably best, but seems inconsistent with our national ethos.

If you are an American who is not in favor of the death penalty, you might support exploring the other alternative—eliminating capital punishment altogether. Organizations such as Amnesty International are looking to get rid of the death penalty in America and educate people about the politics of its capital punishment system.

The change of policy in Utah has brought national attention to issues of justice and morality within the U.S. prison system. Will this issue incite a push for reform? Perhaps it is necessary to re-evaluate our country’s “national ethos,” to borrow a phrase from Judge Kozinski.

Corinne Fitamant

Corinne Fitamant is a graduate of Fordham College at Lincoln Center where she received a Bachelors degree in Communications and a minor in Theatre Arts. When she isn’t pondering issues of social justice and/or celebrity culture, she can be found playing the guitar and eating chocolate. Contact Corinne at staff@LawStreetMedia.com.

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One of the biggest deterrents for people not to commit murder–besides of course, moral reasons—is knowing that they could potentially get the death penalty. However, a recent review of capital punishment figures by the Department of Justice (DOJ) shows that if you’re convicted of capital murder, the odds are in your favor that you will never be executed.

The DOJ’s Bureau of Justice Statistics (BJS) found that of the 8,466 prisoners who were sentenced to death between 1973 and 2013, only 1,359 (16 percent) of them were executed. So what’s happening to the other 84 percent of death row inmates? Well, for most, their sentences are being overturned on appeal and amended to lesser penalties.

Here’s a more detailed look into some of the findings:

• Between 1973 and 2013, 8,466 prisoners were sentenced to death.
• However, 3,194 prisoners had their death penalty sentences overturned on appeal. Of those, 523 convictions no longer stood because the law they were based on was declared unconstitutional, 890 had their conviction overturned, and 1,781 were still declared guilty but no longer sentenced to death.
• During those years, 509 died on death row from other causes.
• An additional 392 had their sentences commuted to life in prison by a governor.
• There were 33 who weren’t put to death for other miscellaneous reasons.
• As of December 31, 2013, 2,979 still remain on death row.

According to the Washington Post,

But by far the most likely outcome of a U.S. death sentence is that it will eventually be reversed and the inmate will remain in prison with a different form of death sentence: life without the possibility of parole.

Opinions on capital punishment have long been a divider between people weighing its moral ramifications against the old “eye for an eye” argument. Many find themselves picking a side based on stereotypical party lines: Republicans tend to be in favor of the death penalty and Democrats trend against. However, party allegiance doesn’t seem to be a factor in who is overturning these cases. According to the Washington Post:

Both Republican and Democratic appointees have voted to overturn these convictions because they so often involve such issues as evidence withheld from the defense, improper instructions to the jury, or other serious flaws in the original trials.

As a whole, these findings are good news for anyone in trouble with the law, but slightly unnerving when examining how our justice system works. The BJS review could end up being fuel for death penalty opposers to show its ineffectiveness, as death row inmates are actually three times more likely to see their sentences overturned or lessened on appeal. Regardless, a debate over the death penalty, particularly as states like Utah weigh new methods of execution, certainly needs to take into account the infrequency with which it is actually implemented.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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A judge, a few attorneys, and more than a thousand potential jurors are facing a tricky situation in a Boston court. How do you select jury members to try a crime that caught the whole nation off guard and drew international attention for days on end? Starting Monday, lawyers began to screen 1,200 Bostonians to serve on the jury of the Dzhokhar Tsarnaev trial.

Tsarnaev is the 21-year-old suspect in the 2013 Boston Marathon Bombing that killed three people and injured more than 260. Despite the fact that the death penalty was declared unconstitutional in Massachusetts in 1982, Tsarnaev faces capital punishment if he is convicted, given that the charges against him are federal.

That is what makes the selection process so tricky. Tsarnaev is almost definitely going to be convicted, considering the amount of incriminating evidence authorities have—including footage of him dropping what looks like a bag filled with explosives near the race’s finish line, an inscription he supposedly wrote inside the boat where he was captured, and bomb-making instructions that he allegedly downloaded. His defense is expected to focus on trying to save him from the death penalty by picking the right jury members. For the prosecution, it’s the opposite.

The Associated Press explains that the prosecution will want to look for jurors who see things in black and white (or guilty or not guilty) and are likely to favor the death penalty. Meanwhile, the defense will want to look for people who, despite knowing that Tsarnaev is responsible, want to understand what forces pushed him to kill.

CNN reported that Tsarnaev’s defense attorneys have suggested that his older brother, Tamerlan, who was killed in a police chase that ended in a firefight a few days after the marathon, was the mastermind behind the bombing. Dzhokhar, they’ll argue, was influenced and coerced by Tamerlan.

The defense is even trying to bring in the Tsarnaev family history as evidence, citing the psychological impact that Tsarnaev’s father, a refugee from Chechnya, had on him and his brother. The defense has said that the brothers grew up in an environment of “suspicion and fear.” On the other hand, the prosecutors are expected to use the evidence they have to show that Tsarnaev carried out the attack knowingly and willingly.

Tsarnaev is facing 30 federal charges, 17 of which are punishable by death or life in prison. If convicted of any of those, he’ll have a second trial with the same jury to determine sentencing. In the jury selection process, this presents another criterion for which the jurors need to be screened: they have to be willing to impose capital punishment if that is the way that justice is to be legally served.

This is all happening in a state that did away with the death penalty more than three decades ago. In a 2013 Boston Globe poll, 57 percent of respondents said they favored life without parole for Tsarnaev over capital punishment. In contrast, 33 percent said they favored death, and the rest said they didn’t know. Experts told the Globe the results reinforce the notion that most Massachusetts citizens oppose the death penalty. In Boston, a relatively liberal city, the court will have to choose jurors who don’t harbor any strong feelings about it. Anyone who does cannot be a member of the jury. The defense actually tried to move the trial away from Boston several times because of the obvious emotional toll the attacks had on the city, but U.S. District Judge George O’Toole Jr. refused.

The jury selection process is expected to take about three weeks. The trial is set to start in late January and take three to four months.

Zaid Shoorbajee

Zaid Shoorbajee is a an undergraduate student at The George Washington University majoring in journalism and economics. He is from the Washington, D.C. area and likes reading and writing about international affairs, politics, business and technology (especially when they intersect). Contact Zaid at staff@LawStreetMedia.com.

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The death penalty has long been a topic of contention in the United States. Some states, like Texas, make heavy use of the ability to enact capital punishment against its worst offenders. Others have banned the practice altogether. Read on to find out about the arguments for and against the death penalty in the United States.

What does the death penalty look like in the US?

The death penalty is legal in the United States–although it is up to the state’s discretion to determine whether or not to make it permissible within its borders. Currently 32 states have capital punishment laws on the books. The death penalty was, briefly, rendered essentially illegal in the United States by the 1972 Supreme Court case Furman v. Georgia but was reinstated in 1976 with the case Gregg v. Georgia. Between when the death penalty was reinstated in 1976, and the end of 2014, almost 1,400 prisoners have been executed.

The United States’ perspective on the death penalty is unique among many of its allies and peer nations. Japan is often described as the only other industrialized nation to use the death penalty. A full 140 other nations have abolished the practice. In 2013, the United States killed the fifth most people in the world, ranking only behind China, Iran, Saudi Arabia, and Iraq. Pakistan, Yemen, North Korea, Vietnam, and Libya round out the rest of the top ten.

What does the legal argument surrounding the death penalty look like?

The debate over the death penalty in America typically rests on the Fifth and Eighth Amendments.  The Fifth Amendment established due process in the American legal system, stating that a person shall not “be deprived of life, liberty, or property, without due process of law.”  On the other hand, the Eighth Amendment prevents the use of “cruel and unusual punishment.” Judges have interpreted these two amendments to mean that the death penalty is constitutional as long as it is carried out as humanely as possible and only after due process.

The juxtaposition of those arguments is actually what led to the de facto four-year stoppage of the death penalty between 1972 and 1976. In Furman v. Georgia, it was decided that particular death penalty statues were unconstitutional, not the act of capital punishment itself. The focus of Furman was on the arbitrariness of the statutes, rendering them unconstitutional. States rewrote the laws, a new suit called Gregg v. Georgia made it to the Supreme Court, and was ruled constitutional. Currently, the death penalty is viewed as constitutional, if states decide to use it.

What are the arguments against the death penalty?

Opponents of the death penalty claim that such punishment is immoral and violates the sanctity of life, while others argue that those claims are based on faith and religion, which should not be the basis of American law. Although there has been a trend in opposition to capital punishment, the majority of Americans are still in favor of such a penalty.  Deterrence statistics generally promote the effect of the death penalty, but a lot of doubt still remains. Certain organizations, like the European Union, have taken strong stances in opposition to the penalty citing issues of human rights.

Those who don’t believe in the death penalty also bring up concerns about the history of racism within American capital punishment. Forty-two percent of inmates on death row are black, despite the fact that black people are only around 14 percent of the American population. Particularly there’s concern that black defendants are sentenced to death at a disproportionate rate when their alleged victims were white. As Amnesty International points out:

A 2007 study of death sentences in Connecticut conducted by Yale University School of Law revealed that African-American defendants receive the death penalty at three times the rate of white defendants in cases where the victims are white. In addition, killers of white victims are treated more severely than people who kill minorities, when it comes to deciding what charges to bring.

In addition, arguments against the death penalty point out that sometimes those executed are exonerated after the fact, after new evidence, re-tested evidence, or changing testimony is made clear. While exact numbers are almost impossible to quantify, a study in 2014 estimated that more than 4 percent of prisoners on death row were probably innocent.

What are the arguments for the death penalty?

Those who believe in the death penalty argue that it’s a fair sentence, reserved for those who commit only the most heinous crimes. It prevents them from ever committing a horrible crime again with a finality that no other method of punishment could possibly guarantee. It can also act as a deterrent to others who would consider committing such crimes. In addition, it provides a level of closure for the family and loved ones of the victim. Many Americans do believe that some people deserve the death penalty. As Rick Perry put it in the lead-up to the 2012 elections:

No, sir. I’ve never struggled with that at all. The state of Texas has a very thoughtful, a very clear process in place of which — when someone commits the most heinous of crimes against our citizens, they get a fair hearing, they go through an appellate process, they go up to the Supreme Court of the United States, if that’s required.

But in the state of Texas, if you come into our state and you kill one of our children, you kill a police officer, you’re involved with another crime and you kill one of our citizens, you will face the ultimate justice in the state of Texas, and that is, you will be executed.

Conclusion

The arguments for and against the death penalty in the United States are far from over. Politicians will still be asked their opinions on the controversial practice, passionate appeals will continue to be made, and states will still be free to make their own laws regarding the punishment. While the legality may no longer be as strong a point of contention as it used to be, the arguments over the death penalty are sure to continue.

Resources

Primary

Constitution: Fifth Amendment of the United States Constitution

Constitution: Eighth Amendment of the United States Constitution

European Union: EU Policy on Death Penalty

Additional

Boston: Execution Saves Innocents 

Heritage Foundation: The Death Penalty Deters Crime and Saves Lives 

LA Times: The Death Penalty: Valid Yet Targeted 

Washington Post: Md. Judge Advocates for Death Penalty, Says Convict May be Greeted by Devil 

Washington Post: Do We Need the Death Penalty?

DeathPenalty.org: California’s Death Penalty: All Cost and No Benefit

ACLU: The Case Against the Death Penalty

The New York Times: More Evidence Against the Death Penalty

US News: Conservative Case Against the Death Penalty

Columbia Law: Capital Punishment: Deterrent Effects & Capital Costs

Penal Reform: Key Facts

PBS: Is the Death Penalty Unjust? 

Gallup: Death Penalty

ProCon: Should the Death Penalty be Allowed?

Economist: Democracy and the Death Penalty: an Evolving Debate

Santa Clara University: Capital Punishment: Our Duty or Our Doom?

Kevin Rizzo

Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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A federal judge ruled last week that California’s death penalty system is unconstitutional because it violates the Eighth Amendment protection against cruel and unusual punishment. This decision is notable, but not in the way you might think. U.S. District Judge Cormac Carney did not rule the death penalty itself to be unconstitutional, but rather the conditions that accompany it–namely the long wait for California’s death row prisoners.

California has not executed an inmate since a different federal court put a hold on executions in 2006. U.S. District Court Judge Jeremy Fogel ruled that the use of the death penalty was cruel and unusual because the technicians administering the drugs were mostly untrained and had little experience with the drugs they were using. As a result, California had to stop executing inmates until they came up with new protocols for humane executions. This has not happened yet, so the ban has remained.

Yet California has not stopped giving felons death sentences. They currently have 748 inmates on death row, the most of any state.

Carney argues that leaving the fate of these prisoners uncertain is more cruel and unusual than killing them. In his eyes, prisoners have the right to know if they are going to die or not. Here’s a notable excerpt of his ruling:

“California juries have imposed the death sentence on more than 900 individuals since 1978. Yet only 13 of those 900 have been executed by the State. Of the remainder, 94 have died of causes other than execution by the State.”

Carney’s problem with California’s death penalty is not the pain it causes but the arbitrariness of it all. More death row inmates in California have died in their jail cells than have been executed. None of these inmates knew how their end would come. There is no way to tell which death row inmates will ever actually be killed. In fact, the death of an inmate is often not based on legitimate factors, such as severity of crime, but on unpredictable factors like length of appeal.

Carney argues that a death penalty must be administered fairly, and not just based on who can appeal their case the longest. Inmates with a shorter appeals process have a greater chance of being killed once California sorts out its implementation problems.

This decision is notable because it is the first time that a federal judge has ever ruled that delays in death row proceedings are a form of cruel and unusual punishment. This is especially interesting because the Supreme Court has previously ruled that delays are not a form of cruel and unusual punishment. Carney seems to be bucking a precedent set by the highest court.

Granted, there will be an appeal. It is possible, even likely, that an appeals court will side with the Supreme Court and rule that delays are not cruel and unusual but merely a normal part of the death penalty process. Still, the fact that a court ruled that a prisoner has the right to know if or when he or she will be killed is significant.

California could potentially get the death penalty back if they sped up the process with which they kill their criminals. But now that a new precedent has been set, states with a large backlog of death row inmates should prepare for some legal challenges.

The list of states with many inmates on death row may have new additions soon–states are running out of the drugs necessary for lethal injection, and experiments with other drug cocktails have not gone well. Some states are continuing with experimentation. Some are trying out new and untested drugs. However, it is likely that many will have to wait for a more viable option to present itself. It is possible that this waiting could be found to be cruel and unusual punishment for those on death row. Only time will tell, but this ruling has the chance to change the nature of capital punishment in the United States.

—

Eric Essagof (@ericmessagof) is a student at The George Washington University majoring in Political Science. He writes about how decisions made in DC impact the rest of the country. He is a Twitter addict, hip-hop fan, and intramural sports referee in his spare time. Contact Eric at staff@LawStreetMedia.com.

Featured image courtesy of [Michael Coghlan via Flickr]

Eric Essagof

Eric Essagof attended The George Washington University majoring in Political Science. He writes about how decisions made in DC impact the rest of the country. He is a Twitter addict, hip-hop fan, and intramural sports referee in his spare time. Contact Eric at staff@LawStreetMedia.com.

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Due to lethal injection crisis in America — dwindling access to typical lethal injection drugs — states across the nation now either have to come up with new ways to execute their death row inmates or abandon capital punishment. So far, they have all chosen to continue executing death row inmates. Here is everything you need to know about botched lethal injections, new drugs, and the return of some antiquated methods of execution.

How does lethal injection work?

This video from NextMedia Animation gives a quick overview of how the process works. Do not worry, it is safe for the squeamish:

There are three drugs at play in a traditional lethal injection scenario. The first is Sodium Thiopental, a barbiturate which acts as an anesthetic to make the prisoner unconscious. Second is pancuronium, a muscle relaxant that paralysis the prisoner, which stops his or her lungs from working. The paralyzing effect of this drug is also used so that the viewing audience of the execution does not have to see some of the body movements that might take place during the execution. Finally, potassium chloride is injected into the prisoner. This drug stops the heart from beating. If all goes right, the process should be over in eight and a half minutes, and the prisoner should be too unconscious to feel any pain.

What problems has lethal injection run into recently?

States are having trouble accessing the three drugs necessary to complete a lethal injection. While there is no shortage of the drug, pharmacies and drug manufacturers have stopped selling the drugs to states for the use of lethal injection. Unsurprisingly, companies do not like their products being linked to death. Drug companies want people to connect their brand with saving lives, not ending them. European nations, where most of the pharmacies that make these drugs are located, have banned the export of these drugs as part of an effort to ban capital punishment worldwide.

European nations no longer use the death penalty, and most likely will not return to it in the near future. Watch this British discussion about the death penalty to see how they feel about not having capital punishment. Notice that only one panelist wants to bring the death penalty back, and that the rest of the panel, made up of British politicians and public figures, speaks loudly against her:

Should we continue using lethal injection?

Drug Replacements

It is possible for states to continue using lethal injections, with a few changes. For one, they have to get new drugs from a compound pharmacy. These are pharmacies that, instead of mass-producing drugs, make drugs specifically for one patient. They are expensive, but they are also the only option for states that still want to still use lethal injection.

However, even these small pharmacies do not want to be publicly associated with the death penalty. To sidestep this problem, states have just decided to keep the source of the drugs secret. This has outraged critics of the death penalty, who say that death row inmates deserve to know how they will be killed. A few convicted felons have even sued to try and stay their executions by arguing that this secrecy constitutes cruel and unusual punishment. Their claim is that, since these drugs have potentially never been tested before, there is no guarantee that their death will be painless.

Questions of Humaneness

Even prior to this access problem, lethal injection was not always painless. While 3 percent of all executions go wrong, lethal injections have the highest rate for error.

According to Professor Robert Johnson, an expert on prisons and the death penalty at American University’s Department of Justice, Law, and Criminology, the new drugs and the pharmacies supplying them might be the cause of even more failed executions.

“The compounding pharmacies are not closely regulated by the FDA,” Johnson said, and continued with, “there are concerns that the drugs they produce might vary in strength. Some of the more recent executions involving these compounding drugs have had more complications.”

Apparently, more people being killed by these compounding drugs are seen gasping for air as a result of the paralyzation of their lungs. They are not supposed to be awake for this.

“It’s likely that if the execution goes wrong that the person will asphyxiate which, without anesthesia, will be very painful,” Johnson said.  “A certain number of these cases are quite likely intensely painful but the person cannot show it because they are paralyzed.”

What’s worse is that the people administering these drugs are not doctors. The American Medical Association (AMA) highly discourages doctors from participating in lethal injections, so the people executing these prisoners are often not medically trained, which makes errors much more likely.

“It’s a pretty risky ordeal,” Johnson said.

The results of a botched lethal injection are not pretty. Let’s take, for example, the case of Clayton D. Lockett’s execution in Oklahoma on April 28, 2014. After the first injection, which is meant to protect the prisoner from feeling any pain, the executioners started injecting the next two drugs. It was at this point that Lockett woke up.

The second and third drugs in lethal injection are incredibly painful without an anesthetic. Imagine your entire body going into paralysis and your heartbeat stopping while you are still awake. This is what Lockett experienced. He tried to sit up and then actually spoke. It took nearly 45 minutes for Lockett to eventually die of a heart attack.

Lockett did not receive the drugs commonly used in a lethal injection. The execution still used potassium chloride to stop the heart, but the sedative and muscle relaxant were replaced with midazolam and vecuronium bromide from a compound pharmacy. Oklahoma refused to disclose why these drugs had been chosen and where they had bought them. The Supreme Court of Oklahoma ordered a stay of his execution, but quickly removed the stay after a state legislator threatened the justices with impeachment.

There is definitely a case to be made that lethal injection is the most humane way for the state to kill someone when done correctly– the operative words. That is why the overwhelming majority of executions today are done this way. However, there are too many disturbing stories about botched injections to argue that it is always humane, and the access issue has made these stories too common.

Watch Dr. Joel Zivot, and anesthesiologist, explain why he does not think that lethal injection is humane on Dr. Sanjay Gupta’s CNN show, “SG|MD”:

Are there options besides lethal injection?

Since Lockett’s execution was botched so badly, other states might be wary to continue using lethal injection, even though multiple state Supreme Courts have ruled that keeping the drugs secret is constitutional. That might be why some states are reverting to older forms of execution.

Return to Electrocutions

Since the Supreme Court reinstated the death penalty in 1976, there have been 1,379 executions. Only 158 of them have been electrocutions. Yet, Tennessee has, in the wake of a lack of access to lethal injection drugs, recently decided that the electric chair will be their primary form of execution. This is significant for one reason: while there are states that have the option of the electric chair, Tennessee is now the only state that does not give death row inmates an option of another form of execution. While electric chair is a secondary option for prisoners to choose in some states, death row inmates in Tennessee will now be forced to use the electric chair.

This clip from Aileen: Life and Death of a Serial Killer explains how the electric chair works.

Death penalty opponents and death row inmates are expected to challenge this new law in courts. The Supreme Court upheld the electric chair in 1890, but it is possible that they might find it cruel and unusual in a modern setting. To make your own judgement, read this article on Vice.com explaining how the electric chair kills someone.

As you can see, it is not nearly as pleasant as lethal injection. The chair basically cooks whoever is sitting in it. And that is when it goes right. In Florida on July 8, 1999, Allen Davis screamed and bled profusely from his nose during his execution.The chair killed him but he ended up covered in blood and burns. His case led Florida to abandon the electric chair as a method of execution. There are pictures of his body after the execution, but they are VERY graphic.

It is hard to argue that this is the most humane way of killing someone, but that does not mean that states are not allowed to use it as a primary execution form. Because the Supreme Court ruled that the electric chair is not cruel and unusual punishment, states can continue to use it. That is, until somebody challenges them in court. Since the case deeming the chair constitutional was so long ago, there is a chance that the Supreme Court might overturn the ruling. It is not an unrealistic scenario. Nebraska’s Supreme Court ruled that the electric chair was cruel and unusual punishment in 2008.

Return to Firing Squads

A number of states, including Oklahoma, have contemplated returning to the firing squad as their primary form of execution. Oklahoma is currently the only state that allows for death by firing squad, and only as a secondary option.

This news report about the execution of Ronnie Lee Gardner in 2010 by firing squad provides an animation that shows how a firing squad works:

As old-fashioned as it sounds, the firing squad actually has some benefits. For example, it is the only form of execution that preserves most of the body’s organs so that they can be donated. Also, when the marksmen are good, it is a quick form of death.

However, a firing squad is expensive. For example, it costed 165,000 to execute Gardner. The majority of this money went to the salaries of the marksmen, but some also went toward the guns and ammunition used, the chair Gardner sat in, and the sedative given to Gardner before the execution began. The cost would probably go down slightly if Utah ever had to do this again, because they now have all of the equipment, but it would still be expensive. It is certainly a far cry from the $1,286.86 spent by Texas to kill Keith Thurmond with a lethal injection in 2012.

Of course, the biggest problem with both the firing squad and the electric chair is that they are violent forms of execution that the American people are potentially not ready to stomach.

“With lethal injection, you could lull yourself into a sense of security that this was a painless procedure,” Johnson said, and continued with, “you could live with that.”

It costs that much to kill someone?

Yes, executions are expensive. It is even more expensive to keep someone on death row. This is because capital punishment cases take significantly longer to resolve and result in more appeals than a life-without-parole case.

“Because someone’s life is at stake, the cases are more contested and likely to have more experts involved,” Johnson said.

Many states also keep death row inmates in expensive high-security confinement. According to a report from the National Bureau of Economic Research, America spent $1.6 billion on capital punishment from the years of 1982-1997.

Should the death penalty be abolished altogether?

That is a complex question, and there is not enough space in this article to answer it. To get an idea of the moral arguments for and against the death penalty, watch this debate between The Nation and National Review Magazine:

In the absence of a new drug discovery, states will either have to prepare for more botched lethal injections or switch to a more violent form of execution. Support for the death penalty has consistently declined in the past two decades, and incidents like the Lockett death might be too much for those that still approve of it.

Resources

Primary

SCOTUS: Majority Opinion in Baze v. Rees

Additional

Hospira: Position on Use of Our Products in Lethal Injections

Death Penalty Information Center: Everything You Need to Know About Compounding Pharmacies

Guardian: Clayton Lockett Writhes on Gurney in Botched Procedure

Slate: Gov. Mary Fallin is Responsible for Clayton Lockett’s Botched Execution

Bloomberg: Teva to Block Drug for U.S. Executions

Bloomberg: Europe Pushes to Keep Lethal Injection Drugs From U.S. Prisons

The New York Times: Outrage Across Ideological Spectrum in Europe Over Botched Execution

Bloomberg: Slow Death in Oklahoma Was Europe’s Doing

Death Penalty Information Center: Descriptions of the Different Execution Methods Used in America

Deseret News: Inmate Threatens to Sue if State Won’t Let Him Die by Firing Squad

Washington Post: The Recent History of States Contemplating Firing Squads and Other Execution Methods

Tennessean: Methodists Want Tennessee to Reconsider Electric Chair Law

MSNBC: Without Lethal Injection, Americans Back Electric Chair, Hanging

Salon: GOP’s Firing Squad Idiocy: The Hypocrisy of ‘Humane Executions’

Eric Essagof

Eric Essagof attended The George Washington University majoring in Political Science. He writes about how decisions made in DC impact the rest of the country. He is a Twitter addict, hip-hop fan, and intramural sports referee in his spare time. Contact Eric at staff@LawStreetMedia.com.

The post Lethal Injection Crisis in America: How States Are Solving the Problem appeared first on Law Street.

In a last minute stay, Justice Samuel Alito ordered the immediate halt to a Missouri man’s execution. Russell Bucklew, who was convicted of murder, kidnapping, and rape in 1996, was scheduled to be executed Wednesday evening, but his attorneys had successfully appealed to delay the execution on the grounds that the intended drug cocktail can create the same complications as the one used on an Oklahoma death row inmate earlier this month. That execution caused massive controversy after the inmate ended up seizing and having a heart attack instead of the usual quick death.

The Supreme Court usually keeps its nose out of execution cases, which makes Alito’s action very rare. Opponents of the drug mixtures that are currently used on death row inmates may herald this as a victory. Traditional drugs that used to execute inmates are in short supply, forcing prisons to resort to mixing drugs together from companies that are not very anxious to reveal their sources. In a Georgia, the state Supreme Court ruled against a death row inmate suing to find out where his killer drugs were coming from. With that information, the inmate’s lawyers argued, they can then proceed with investigations into whether the drugs being supplied would constitute cruel and unusual punishment; however, the Georgia Supreme Court decided 5-2 that protection from harassment for the pharmaceutical company was more important than the right to know where drugs came from.

With Alito’s stay, capital punishment is set to become the next legal debate on the national stage. As capital punishment continues, there is greater outcry as to why it is acceptable to use shady drugs supplied by anonymous pharmaceutical companies. After all, isn’t it cruel and unusual that inmates are not being told where their killer drugs are coming from? Maybe the Supreme Court can decide.

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Dennis Futoryan (@dfutoryan) is an undergrad with an eye on a bright future in the federal government. Living in New York, he seeks to understand how to solve the problematic issues plaguing Gothamites, as well as educating the youngest generations on the most important issues of the day.

Featured image courtesy of [Ken Piorkowski via Wiipedia].

Dennis Futoryan

Dennis Futoryan is a 23-year old New York Law School student who has his sights set on constitutional and public interest law. Whenever he gets a chance to breathe from his law school work, Dennis can be found scouring social media and examining current events to educate others about what’s going on in our world. Contact Dennis at staff@LawStreetMedia.com.

The post SCOTUS Steps Up Amid Execution Controversy appeared first on Law Street.

So, apparently Dexter might be a real thing.

This week, 19-year-old Miranda Barbour confessed to killing at least 22 people in Alaska, California, Texas, and North Carolina, all as a result of her involvement in an Alaskan satanic cult.

She was arrested in Sunbury, Pa., for the November homicide of a man she met through Craigslist. Allegedly, Miranda lured 42-year-old Troy LaFerrera into her Honda CR-V through a “companionship” ad on Craigslist. She agreed to have sex with him for $100, but wound up stabbing him 20 times instead.

Barbour’s described herself as akin to Dexter — a fictional, vigilante serial killer who murdered other criminals — because she only killed “bad” people, who “didn’t deserve to be here anymore.”

Folks, this story is crazy pants. If you thought the Amanda Knox or Jodie Arias cases were big, just wait for this one to gain some more traction. True insanity is about to descend upon the news-reading American population. And that’s because we’re fascinated with all that’s fucked up. We love a good serial killer. It’s literally the first thing you learn in journalism school — if it bleeds, it leads.

And this Miranda Barbour story is fucking hemorrhaging.

Here’s the inside scoop on her background. If you can, try to refrain from imagining the accompanying Lifetime movie that’s most definitely in pre-production as we speak. According to her own accounts, Miranda Barbour grew up in Alaska — the coldest, darkest, most mysterious state in this gigantic nation. AKA, the perfect setting for a truly fucked up story.

At age four, Miranda was molested by a family member. (Presumably, we’re supposed to consider this the root cause of all her later transgressions.) By age 13, she’d gotten her first taste of murder. Accompanying the leader of the satanic cult she would subsequently join, Miranda went to a dark alley to meet a man who owed the cult leader money.

Then, according to Miranda, “[H]e said to me that it was my turn to shoot him. I hate guns. I don’t use guns. I couldn’t do it, so he came behind me and he took his hands and put them on top of mine and we pulled the trigger. And then from there I just continued to kill.”

During her years in the cult, Miranda climbed to the top of the ranks, and even married another cult official, who was later murdered. At one point, she became pregnant, and the group drugged her, tied her to a bed, and performed an “in-house” abortion.

When she got pregnant for the second time, she decided to leave the cult — and Alaska — behind, moving to North Carolina.

“I wanted to start over and forget everything I did,” said Miranda.

Apparently, though, that didn’t really work out for her, seeing as she claims her killing streak continued after she left Alaska, dropping bodies across several states.

Her daughter is now a year and a half old, and is currently being held in protective custody. Miranda is allowed to visit.

Now, the details about the Satanic cult are interesting, for sure. This story reads like the juiciest of true crime novels. But, what’s really interesting about this story, is how completely batshit crazy it has the potential to get.

Here’s why: there is absolutely no corroborating evidence of Miranda’s involvement in a Satanic cult, or in any previous killings.

“Thorough investigation will likely demonstrate that this cult story is fiction,” said Peter Gilmore, the New York-based head of the Church of Satan, who confirmed that his church does not condone murder. Likewise, Monica Caison, the founder of a missing persons center in North Carolina, is skeptical about Miranda’s serial killer claims.

“That’s a lot of people to kill in such a short time, and being so young and never making a mistake, I’m hard pressed to believe that amount,” said Caison, referring to Miranda’s claim that she’d killed somewhere between 22 and 100 people over the last six years.

Not to mention, she doesn’t fit the profile. Women serial killers are typically older and don’t use knives, and serial killers in general are exponentially better at stashing bodies. Miranda’s latest Craigslist victim? Dumped in a backyard, with intact cell phone and identification, right in the same town that the murder took place.

That doesn’t look like the work of a pro.

But, despite the doubtful nature of her claims, Miranda’s story didn’t sound rehearsed. According to Francis Scarcella, the reporter who broke this story, she never hesitated once as she recounted her dark life into his audio recorder. Scarcella described her as meek, mild, and generally unintimidating.

But of course, “Looks can be deceiving,” as Barbour quickly pointed out, destroying the sexist assumptions that paint women — even serial killer women — as harmless victims or benign liars.

But what shocked Scarcella the most? When asked if she felt any remorse for her killings, Miranda replied with, “None.” And further, she unequivocally stated that if she was ever released from prison, she would kill again.

And therein lies the crazy. While Miranda’s story is perhaps implausible, her delivery is incredibly convincing. Whether or not her claims are true, she seems to believe them wholeheartedly, and she’s got the rest of us scratching our heads, trying to make sense of the nonsensical web she’s spun with her words.

That’s the hallmark of a true, psychopathic manipulator, and she’s got every one of us on the hook.

What do you think of the developing Miranda Barbour story?

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Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [The Bay Harbor Butcher via Flickr]

Hannah R. Winsten

Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

The post BREAKING: Real Life Lady Dexter Confesses to Between 22 & 100 Murders appeared first on Law Street.

The United States will be able to report a lower number of executions in 2013. Thirty-nine people were executed in nine different states, a 10% reduction from 2012. Twenty-three of those executions took place in just two states–Florida and Texas. To put this in context, in 1999, there were 98 people executed for their crimes. In addition, eighty new death sentences were handed out, which is a dramatic shift from 315 just 19 years ago.

There has also been a slow but perceptible trend of death penalty abolition on the state level. There are now 18 states and the District of Columbia that have abolished the death penalty. Six of these states have done so since 2007.

So, why? Why are we seeing a reduction in executions?

There a few different viable answers. The first is a declining availability of the drugs used in lethal injection. The vast majority of executions in the United States are done by lethal injection, although there are occasionally exceptions, and some states still allow methods such as firing squads or hanging.

But the states that intend to carry out death penalty sentences by lethal injection have run into a problem. Most of the drugs used come from European-based companies, and in 2011, the European Commission put extremely tight regulations on the import of those drugs. Some European drug companies, such as Danish-based Lundbeck which produces one of the most efficient and popular drugs for use during a lethal injection, flat out banned its use during executions. The death penalty has been abolished in all European states with the exception of Belarus.

As a result, states are scrambling to find a way to carry out lethal injections. Some states have experienced with drug cocktails, and others use untested drugs. According to Richard Dieter, Executive Director of the Death Penalty Information Center, “the states are scrambling to find the drugs. They want to carry out these executions that they have scheduled, but they don’t have the drugs and they’re changing and trying new procedures never used before in the history of executions”. Some lawsuits have alleged that this experimentation could be considered cruel and unusual punishment and has led to stays on executions in the state of California, among others.

Another proposed reason for the drop in executions is the discovery of evidence that proves the innocence of many people who had been previously executed. Improved forensic technology and DNA testing show that trials do not always result in justice. Groups such as the Innocence Project attempt to exonerate people who have been convicted of crimes, and since 1989, there have been 311 post-conviction exonerations based on DNA evidence alone. Eighteen of those people were awaiting their executions on death row.

Finally, the trend may be attributed to a number of other reasons. Part of it may be moral–the US stands essentially alone among its allies in its use of the death penalty. Another reason may be that most violent offenders die in prison anyways, which makes prosecutors and judges less likely to push for it.

Whatever the reason for the diminished use of the death penalty over the last few years, it will be interesting to see if it sticks. If those who attribute the shift to the inability to get the appropriate medications are correct, we should see an uptick in executions as that issue is resolved. If it’s more about the moral constraints, maybe executions will continue to lessen. Either way, capital punishment in the US will change.

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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [CACorrections via Wikipedia]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Is the US Done With the Death Penalty? appeared first on Law Street.

The 10^th U.S. Circuit Court of Appeals denied a petition of habeas corpus last Wednesday to Oklahoma death row inmate, Benjamin Cole—saying that the circumstances of his trial were fair and perfectly constitutional.

48-year-old Cole was convicted of first-degree murder after a 2002 incident in which he inflicted a fatal injury to his infant daughter while trying to get her to stop crying. Nine-month-old Brianna was lying on her stomach when her father lifted her ankles up over her head—a move so unnatural it broke her spine in half and shredded her aorta, according to the subsequent autopsy report. As she lay dead on the floor, Cole returned to his video games until his wife walked into the room.

During the 2003-04 trial, Cole denounced his government-appointed defense counsel for not sharing his conviction in the Christian faith. Court documents described him as staring blankly at the Bible while the proceedings took place. Cole then made a request for a new team of Pentecostal lawyers to represent him, but the request was denied. That denial formed the bulk of his recent habeas corpus petition where he claims that it violated his 6th, 8th, and 14th Amendment rights.

In his petition, Cole argued that the Supreme Court case, U.S v. Cronic, set precedent for what he called a “breakdown of communication” between him and his lawyers. In the Cronic case, the defendant accused of mail-fraud was sentenced to 25 years in prison after his newly assigned lawyer failed to present a defense equal to that of the prosecution’s 4-year preparation. But in the case of Benjamin Cole, both the presiding district court, and most recently, the 10^th Circuit Court of Appeals have decided that Cole’s born-again trial behavior was of his own doing and, as a result, didn’t incur the same constitutional blunder as U.S v. Cronic.

The final opinion reads, “Having reviewed all of the state court records in this case, we conclude that, notwithstanding the constitutional errors alleged by Cole in these federal habeas proceedings, Cole received a fundamentally fair trial. In other words, even aggregating the constitutional errors alleged by Cole, we conclude that those errors did not have a substantial and injurious effect or influence on either the jury’s determination of Cole’s guilt or its decision to sentence Cole to death.”

There are 32 states that still use the death penalty.  According to the Death Penalty Information Center, the number of inmates on death row in 1970 versus today has gone from 631 to 3,108. Cole’s more-than-decade-long saga of appeals is a familiar tale in the United States, whereupon sentencing, death row inmates wait an average of nearly 200 months before execution. Even the Supreme Court has characterized these long periods of time waiting to be killed as causing “immense mental anxiety amounting to a great increase in the offender’s punishment (Foster v. Florida, 2002).”

In an exhaustive cycle of ineffective legal assistance petitions to prosecutorial misconduct claims, the state wastes hundreds of thousands of dollars in court costs when a sentence of death is handed down. While Cole’s actions were horrific and unspeakable to the moral human being, by sentencing him to death, the court sentenced the taxpayers to the gallows of a slow and painful financial burden. So, if not for reasons humane or anti-hypocritical (like, you know, not murdering murderers,) then in the Cole case one can find a monetary incentive in avoiding the death penalty.

[Tenth Circuit Blog]

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Featured image courtesy of [Theodore Scott via Flickr]

Jimmy Hoover

Jimmy Hoover is a graduate of the University of Maryland College Park and formerly an intern at Law Street Media. Contact Jimmy at staff@LawStreetMedia.com.

The post Petition Denied to Death Row Inmate Convicted of Killing Daughter appeared first on Law Street.