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As Council Reviews Kentucky's Criminal Justice Policies, Former Prosecutors, Judge Urge Repeal of Death Penalty

Kentucky's recently-formed Criminal Justice Policy Assessment Council will be examining the state's criminal code, and is expected to examine a wide range of criminal justice issues—including the death penalty—in the first major overhaul of Kentucky's criminal code since the 1970s. The council, which was formed by Gov. Matt Bevin, includes legislators, judges, criminal justice experts, and religious leaders, charged with producing a list of recommendations for Kentucky lawmakers. One council member, Bishop William Medley, of the Catholic Diocese of Owensboro, has expressed moral opposition to the death penalty, and received backing for repealing the punishment from some in the courts and the prosecution bar. Circuit Judge Jay Wethington, a former prosecutor who prosecuted death penalty cases told the Messenger-Inquirer that he was "going to side with ... Bishop Medley" on that issue, but for different reasons. "We need to get rid of the death penalty," he said. "We spend too much money for the results." Meanwhile, three former Kentucky prosecutors wrote an op-ed for Louisville's Courier-Journal urging abolition of the death penalty. Joseph Gutmann (pictured), Stephen Ryan, and J. Stewart Schneider discussed the results of a recent University of Kentucky poll, which found that a large majority (72.4%) of Kentuckians support a moratorium on executions. They noted that support for the death penalty has risen since 2011, when the American Bar Association released a study that found serious problems with Kentucky's application of the death penalty. At that point, 62% of Kentuckians favored a suspension of executions. They conclude, "These poll results make it clear that Kentuckians’ concern about the fairness of the state’s criminal justice system is growing. As we have written before, replacing the death penalty with life without parole is the best approach for our state – protecting public safety, providing justice to the families of victims, removing the possibility that an innocent person will be executed and saving limited tax dollars."


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Nearly 3/4 of Kentuckians Support Moratorium on Executions, Majority Prefer Lengthy Prison Terms to Death Penalty

Nearly three-quarters of Kentuckians (72.4%) would support a moratorium on executions while problems in the administration of Kentucky's death penalty are addressed, according to a new poll released on August 1 by the University of Kentucky Survey Research Center. Nearly two-thirds (62.6%) of those who said they support the death penalty were nevertheless in favor of a moratorium. The poll also found that 57.8% of respondents preferred a lengthy prison term (options ranged from 20-50 years to life without parole) over the death penalty for people convicted of first-degree murder. Respondents also were asked their views about specific concerns related to the death penalty. 68% said they would support replacing the death penalty with life without parole if administration of the death penalty and its constitutionally-mandated appeals were found to cost substantially more than life in prison. 71.6% of all respondents—including 61.4% of death penalty supporters—agreed that capital punishment risks executing an innocent person. Finally, when asked to consider the impact of lengthy appeals on victims' families, 64% of Kentuckians supported replacing the death penalty with life without parole. Kentucky Public Advocate Ed Monahan said, "Clearly, Kentuckians remain uncomfortable with death as a sentence. Their discomfort is well founded. Our system of administering capital punishment is broken, costly and produces little value. Full reform must take place now." Gennaro Vito, a criminal justice professor at the University of Louisville, told the Kentucky News Service: "You may have to question, given the problems we've had with the administration of the death penalty in this state, why we would continue to use it, when so many Kentuckians are in favor of the sentence of life without parole in place of the death penalty." The last execution in Kentucky was carried out in 2008. (Click image to enlarge.)


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Support for the Death Penalty by Republican Legislators No Longer a Sure Thing

One year after the Nebraska legislature voted to repeal the death penalty and overrode a gubernatorial veto of that measure, actions in legislatures across the country suggest that the state's efforts signalled a growing movement against the death penalty by conservative legislators and that support for the death penalty among Republican legislators is no longer a given. Reporting in The Washington Post, Amber Phillips writes that Republican legislators in ten states sponsored or co-sponsored legislation to repeal capital punishment during the current legislative sessions. She reports that although these repeal bills have not become law, they have made unprecedented progress in several states. In Utah, a repeal bill sponsored by Sen. Stephen Urquhart (pictured)—a former death penalty proponent who supported the state's firing squad law—came closest, winning approval in the state Senate and in a House committee. Missouri's bill saw floor debate in the Senate, and Kentucky's received a committee hearing for the first time in 40 years. An effort to return death penalty support to the platform of the Kansas Republican Party failed by a vote of 90-75, and the Kansas College Republicans passed a resolution calling for the abolition of the death penalty, highlighting a generational divide on the issue. Dalton Glasscock, former president of Kansas College Republicans, said, "My generation is looking for consistency on issues. I believe if we say we're pro-life, we need to be truly pro-life, from conception to death." The National Association of Evangelicals also changed their stance on the issue, acknowledging "a growing number of evangelicals," who now call for abolition. Though a majority of Republicans still support the death penalty, Phillips writes that "it's notable that a year after we wondered whether Nebraska was an anomaly or the start of a trend, there's plenty of evidence to suggest that conservative opposition to the death penalty may indeed be a trend -- a small but growing one."


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EDITORIALS: Kentucky Newspaper Reverses Position on the Death Penalty

The Lexington Herald-Leader, Kentucky's second-largest newspaper, announced it was ending its long-held support for the death penalty, and now believes the state legislature should abolish capital punishment. Describing its previous position as "keep it but fix it," the editors stated, "we must now concede that the death penalty is not going to be fixed and, in fact, probably cannot be fixed at any defensible cost to taxpayers." Citing the 2011 American Bar Association assessment of Kentucky's death penalty, the Herald-Leader said the system was "rife with injustices and the potential for error." Among the reasons cited in the paper's editorial for the changing its position was the negative effects of the death penalty on victims' families and correctional officers. It quoted Dr. Allen Ault, who oversaw executions in Georgia, and who said, "I do not know one [correctional officer] who has not experienced a negative impact," noting an increased risk of depression, substance abuse, and suicide.


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