Kentucky Holds First Public Hearing on Future of Death Penalty
A joint committee of 32 senators and representatives held the first public hearing on Kentucky's death penalty since capital punishment was reinstated there in 1975. The hearing was prompted by a death penalty repeal bill proposed by Republican Rep. David Floyd, who said the death penalty should be ended because of the cost and time it takes for cases to complete the appeals process. He was also concerned about the number of death penalty cases that have been overturned. A 2011 study by the American Bar Association found that 64% of the death sentences they examined were later overturned or commuted. Rep. Floyd said, "Conservatives in general have less trust in government. Why would we trust them in a matter of life and death? If people are given the opportunity to consider all those things, they may come to the same conclusion, that life without parole is a better option for Kentucky." Kentucky has carried out three executions since reinstatement, but executions are currently on hold while a judge reviews the state's lethal injection protocol.
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Kentucky Lethal Injection Protocol Under Scrutiny
Executions have been on hold in Kentucky since 2010, when Franklin Circuit Judge Philip Shepherd began a review of the state's lethal injection protocol. The state revised its protocol in 2012 to call for a one-drug method, with a two-drug method as a backup if specific drugs were not available. Now, that new protocol is also being scrutinized because it calls for the same drugs that caused the botched execution of Dennis McGuire in Ohio. Corrections officials say they don't know if any lethal injection drugs would be available, because the Department of Corrections is currently, "prohibited from taking any steps regarding execution -- and this would include the purchase of the drugs, so we don't know if they are available because we haven't tried to purchase." David Barron, an attorney representing five inmates on death row, called the Ohio execution, "an utter disaster," and said that Kentucky's plan to use a smaller dose is, "not enough to prevent the condemned person from feeling pain." Earlier this year, Republican state Representative David Floyd proposed a bill to repeal the death penalty in Kentucky, saying "The government needs to be infallible when it comes to killing people and it's not," adding, "The alternative of life in prison is much more cost effective."
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Supreme Court: Kentucky Death Sentence May Be Flawed, But Not 'Unreasonable'
On April 23 the U.S. Supreme Court reinstated the death sentence of Kentucky inmate Robert Woodall, reversing an earlier ruling by the U.S. Court of Appeals for the Sixth Circuit. At Woodall's trial, his attorney asked the judge to instruct the jury not to draw any negative inference from the fact that Woodall had not testified in the sentencing phase. The judge refused to give the instruction. The 6th Circuit held that the failure to instruct the jury was a violation of Woodall's right to remain silent. Justice Antonin Scalia, writing for the Court in White v. Woodall, did not say the Kentucky judge acted properly, but only that federal courts must give exceptional deference to state courts, only overturning them when they act "unreasonably." In a dissent joined by two other Justices, Justice Stephen Breyer wrote that "The 'normal rule' is that Fifth Amendment protections (about the right to remain silent) apply during trial and sentencing."
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NEW VOICES: The Conservative Case for Death Penalty Repeal in Kentucky
David Floyd, a Republican state representative in Kentucky, recently introduced a bill to repeal the state's death penalty, arguing that the law was incompatible with conservative values. Writing in the Louisville Courier-Journal, Floyd said his religious views initially caused him to oppose the death penalty, but he made a broader pragmatic case for repeal from a conservative perspective. He pointed to values such as respect for life, limiting government power, and cutting wasteful spending, as reasons to support abolition. He said, "Capital punishment in Kentucky is a broken government program that risks killing the wrongly convicted, risks abuse of power, wastes resources, is arbitrary and unjust." He concluded, "Conservatives must work with people across the political spectrum to expose the many deficiencies of Kentucky’s system of capital punishment. And then we must repeal it." Read the op-ed below.
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