Ohio’s Franklin County (Columbus) has been expe­ri­enc­ing a steady decline in death penal­ty indict­ments and death sen­tences as jurors are increas­ing­ly choos­ing sen­tences of life in prison with­out parole and pros­e­cu­tors are seek­ing few­er death sen­tences. In a recent cap­i­tal case, the judge had a dif­fi­cult time find­ing jurors who would like­ly fol­low state law and con­sid­er a death sen­tence. One prospec­tive juror, a 36-year-old truck dri­ver, explained that while he favors the death penal­ty, he would have a hard time hand­ing down a death penal­ty ver­dict because, It would haunt me for the rest of my life.”

Judge Stephen L. McIntosh excused him, along with 22 oth­ers from the 72-per­son jury pool, because of their atti­tudes about cap­i­tal pun­ish­ment. One prospec­tive juror that remained in the pool, answered after many rounds of dif­fi­cult ques­tion­ing that she felt capa­ble of fol­low­ing the state’s laws on cap­i­tal pun­ish­ment sen­tenc­ing. Later, the judge’s bailiff found her cry­ing in the jury room over her strug­gle with the issue. Judge McIntosh not­ed, This isn’t easy. I think it would be dif­fi­cult for me as well.” 

Frederick Benton, the defense attor­ney in the case under con­sid­er­a­tion, said that the mixed feel­ings of poten­tial jurors are typ­i­cal. Sometimes, even with the staunchest advo­cates for the death penal­ty from a philo­soph­i­cal stand­point, when you ask if they could put pen to paper and sign a ver­dict for death, they say they couldn’t do it,” he said.

The steep decline in the use of the death penal­ty has been par­tial­ly attrib­uted to a new law took that took effect in 2005 allow­ing the pros­e­cu­tion to seek a sen­tence of life with­out parole with­out pur­su­ing the death penal­ty. A Columbus lawyer, Terry Sherman, added, Death-penal­ty cas­es are ardu­ous, long, expen­sive, and the appeals go on for­ev­er. The state and the victim’s fam­i­lies often are sat­is­fied with life with­out parole. Now they can get there with­out a death-penal­ty indict­ment at tri­al.” Judge McIntosh added, The tri­al is prob­a­bly going to take four or five weeks as opposed to [the] two weeks,” if it wasn’t a cap­i­tal tri­al. There have been no death sen­tences in the coun­ty since 2003.



(J. Futty, Death-penal­ty cas­es in Franklin County becom­ing rar­er,” The Columbus Dispatch, November 3, 2008). See Sentencing and Costs.

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