Category Archives: Death Penalty

Correcting the so called “Corrections” system

As of today, it should be clear to everyone in this country, that our system for dealing with criminals (I won’t call it a “criminal justice” system since justice has so little to do with it), is utterly broken, beyond any conventional concept of repair.

At this point, again I say, it should be clear we can’t just “fix it”, we need to start over again, with a different concept.

I have a radical idea…. how about this time we start with an HONEST concept… because right now we are anything but honest about what the real function of the “criminal justice” system is; and that dishonesty is what has made all our efforts to date fail miserably.

Today, although we will never admit this to ourselves publicly, there are three things keeping the “Corrections” system going:

1. It’s a jobs program for law enforcement and “corrections” officers, and administrators

2. Non-offending people ARE actually safer when offenders are imprisoned (the problem is, what happens when they get out).

3. We like lots of cops (or at least the IDEA of lots of cops), we want to be “safe”, and we feel that people who do bad should be PUNISHED.

That’s really what it comes down to though, is punishment.

Punishment isn’t SUPPOSED to “help” them. Punishment isn’t supposed to “rehabilitate” them.

The very term “department of corrections” is a hypocritical misnomer.

Americans (and to a large extent most other cultures), put people in prison to punish them, not to “fix” them.

“Correctional system”, “penitentiary”… All high minded hypocritical myths.

The reason “Sheriff Joe” “Americas Toughest Sherrif” is so popular (despite being the worst sort of self aggrandizing, corrupt, civil rights abusing scum) is because he reassures people that he is “punishing the bad guys”; and THAT is honestly what people want.

Eastern State Penitentiary, the first “modern” penitentiary style prison, was deliberately fashioned to resemble monks cells (which is where we got the name for inmate housing units), in the belief that isolation, contemplation, prayer, and penitence (thus the name), would reform criminals into decent men. It was held up as the new “humane” model. In reality it drove prisoners mad and they killed themselves, and each other, in droves.

So long as we refuse to acknowledge the true purpose behind “custodial sentencing” and pretend it has anything to do with the offender coming out better on the other side, we are stuck with what we’ve got (And rapidly getting worse).

We have to stop pretending that punishment does anything but feed our base emotions.

We have to stop pretending that the negative prospect of prison is sufficient to deter criminals from committing crimes. Most criminals by nature have a poor appreciation for consequences, poor impulse control, and an inability to make valid risk/reward calculations.

When you put a criminal away, all you are doing is warehousing him where he can’t commit that crime anymore. That does serve a valid purpose, but it costs a huge amount of money, and doesn’t fix the problem.

The so called “criminal justice” system can no longer serve as a jobs program for law enforcement, lawyers, administrators, and corrections personnel; nor can it simply be warehousing of offenders until we release them to commit their next offense.

So, here it is, really simple; my pie in the sky ideal for how to deal with crime and punishment.

Step 1: drug addiction, possession, use, and sale, must be decriminalized

This has to happen for ANYTHING to have any hope of working. That would eliminate something like 80% of the offenses in higher criminal courts, and drastically reduce prison populations (at least 40%, most likely something more like 80%).

Step 2: We must not only stop, but revert the proliferation of felonies

Right now, you can be convicted of a felony in some states, for as little as selling the wrong kind of fish at the wrong time. We have established a ridiculous number of offenses as “high crimes” (what felonies are intended to be); without any real justification or social purpose, except to inflate those whom the state can claim as convictions, claim higher punitive penalties from, or incarcerate for longer periods of time.

Accordingly, all crimes currently classified as felonies must be reclassified as misdemeanors unless they meet one or more of the following conditions:

1. Physical violence sufficient to cause grievous bodily harm, grievous trauma (such as rape and molestation), or substantial risk of loss of life (or more).

2. Physical or monetary damages equal to or greater than two years income at minimum wage, presuming a 1940 hour work year.

3. Crimes against basic human rights, including terrorism, tampering with courts, deprivation of rights etc…

4. Grave harm to the national security of the united states, including espionage and treason.

5. Criminal negligence, gross indifference, coercion, conspiracy, or fraud sufficient to cause the above.

Step 3: We must completely overhaul our punishment and societal protection model

We must eliminate custodial sentences for non-violent crimes, including felonies, unless those crimes involve:

1. Gross negligence or indifference leading to violent consequences or the loss of life (anything from drunk driving to greater liability issues)

2. Coercion, force or fraud causing damages in excess of five years of minimum wage (because this is effectively slavery for the victim)

3. Special circumstances which are considered “heinous” (more on that later).

We must restore the element of criminal intent into how crimes are charged and sentenced. If there is no intent, then there can be no intentional crime; only crimes of negligence or indifference, which are generally considered far less severe.

In this regard, any action taken while intoxicated or impaired should be considered qualifying, HOWEVER only if criminal damage or injury to others results.

I believe that people should be allowed to drink, swallow or smoke whatever they want, but if their choices cause impairment which then causes damage or injury to others, they should be punished SEVERELY; and crimes involving impairment should be considered intentional for purposes of determining severity.

Also for purposes of determining the severity of an offense, coercion or fraud shall be considered equivalent to force (force being defined as violence, or the threat of violence).

All other criminal offenses should be punished by restitution and compensatory and punitive damages to the victim, compensatory and punitive fines to the state, labor for public benefit, public humiliation, and two years of convict status (which can be reduced by order of a judge only after discharge of all obligations).

Further, on discharge of all other obligations, convicts shall be given a term, of “probation” equal to the length of their existing sentence.

The crimes, sentences, and photographs of all those convicted of criminal offenses should be published in all local newspapers, as well as on local and national web sites; and announced on local television.

All convicts should be required to wear a distinctive article (bracelet, necklace, ankle bracelet etc…) which lists their crime and sentence, and which cannot be covered up while in public.

Convicts must wear this article, until such time as their sentence and obligations have been discharged. At any time, the convict should be legally required to disclose their crime and sentence to anyone who asks; unless doing so would cause danger or disruption.

If a convict is able to earn more than a state mandated minimum wage in their private pursuits, they may continue performing them, and pay restitution and fines directly. If not, then they are directed to work for the state, at a competitive wage for such jobs as they perform, while meeting prevailing employment standards for such a position (i.e. if the only job they qualify for is ditch digger, it’s the only job they can get; and they still have to compete for it with non-convicts).

If the convict is unable to meet basic standards of work, or is unwilling to work, then they will be reduced to menial forced labor at minimum wage. If they refuse this, they will be incarcerated, as a regular inmate, for the term of their sentence.

Restitution, damages, and fines should of course be directly garnished from the convicts wages; but should be considered pre-tax income deductions for tax purposes.

All custodial sentences shall have terms of two, five, ten, twenty five years, or life (or death in states that allow it).

Different charged offenses can be combined consecutively to “stack” sentences; but only if those offenses make up separate criminal acts (if one crime involved 8 different chargeable elements with a 2 year sentence for each, then the convict would receive 8 two year sentences to run concurrently. If he committed the same crime on 8 different occasions, he could receive consecutive sentences, for a total of 16 years incarceration)

There is no parole, however sentences can be reduced (more on that later).

Forcible rape, aggravated sexual assault, sexual molestation, aggravated kidnapping, intentional premeditated or depraved homicide (what would be first degree murder in most jurisdictions), felony murder if the homicide is heinous by itself, any intentional negligent or depraved indifference crime resulting in mass death or mass grievous injury (mass being defined as multiple victims who were not individually targeted, or multiple victims who were unknown to the criminal and whom they had no individual an personal motive to harm), any crime involving tampering with a court or an election, any crime involving the intentional deprivation of an individuals basic human and civil rights (as enumerated in the declaration of independence, and the constitution), torture, espionage, treason; or any attempt to commit those crimes, or conspiracy to commit those crimes; shall all be considered “heinous crimes”.

Heinous crimes should all carry the maximum length of incarceration, and should be eligible for the death penalty in jurisdictions that allow it.

It is important however, that all state and federal laws about the definitions of these crimes must be clarified and harmonized to meet the highest standard of criminal act, and criminal intent (for example, a potentially but not explicitly sexual element to a simple assault – such as public nudity or forced nudity -, would not make it sexual assault. The intent and act must be sexual in nature, and involve sexual contact or acts, or attempted sexual contact or acts. Forcible rape must be limited to actual acts of physical violence, or coercion by threat of violence, resulting in a sexual act).

Oh and yes, I really do believe that voter fraud and election fraud should be punishable by life in prison. So should criminally preventing someone from voting who has the lawful franchise. Any criminal deprivation of rights should be considered as serious as rape or murder.

In addition to their custodial sentence, of course, all penalties that apply to non-custodial sentences would also apply. Restitution, damages, fines and fees, as well as all other conditions of convicts.

Sentences can be reduced, by a judge, on review of the case, and circumstances. A review will be automatically initiated at the time the convict discharges their restitution, damages, and fines, should they do so before the term of their incarceration is completed. Criminals convicted of heinous crimes however, would not be eligible for early release except for humanitarian reasons.

While serving a custodial sentence and incarcerated, unless disabled and unable to do so, the convict will be required to perform productive labor for at least 8 hours a day, five days a week; for which they will be paid at minimum, a base sum equal to the cost of their incarceration (for which they will be charged). They will also accumulate sick leave benefit, and paid vacation days, equivalent to a government employee of the same grade as whatever productive labor they perform.

If the convict is disabled and unable to perform any work, they will be given the same disability status as any disabled individual; and will receive the equivalent of all federal and state disability payments and benefits, to offset the cost of their incarceration.

The convict is to be given the opportunity to voluntarily learn useful job skills, and perform at a useful job at market rates, which can earn them money to pay their fines and restitution.

If the convict has useful skills which can be applied to work that can be performed within the terms of their incarceration without undue risk, this is to be allowed.

The convict is also to be offered the opportunity to work overtime, and earn more money; to be used to pay the cost of their incarceration, their fines and restitution; the balance of which should be the inmates to control as they see fit.

This should not imply the inmate has a right to any job other than basic labor paid at a rate sufficient to cover the cost of their incarceration. Only that the opportunity to seek and perform other employment must be allowed.

If a convict refuses to work, or does not meet minimum standards of work, they are to be restricted to solitary confinement without public exercise, visitation, or communication privileges (excepting legal and spiritual council), and reduced to subsistence ration. Additionally, any work day the convict refuses to work, the cost of their incarceration for that day will be added to their obligations.

Some of this may seem ridiculous (vacation days for convicts?) but it serves an important purpose. The convict should understand, they are performing a job, for pay. They benefit from their own labor, and they have to pay for their own upkeep. If they work harder or more or at a better job, they get ahead; just like everyone else.

This kind of normalization is really the only way to produce people who won’t reoffend when they get out. Get them useful job and life skills they can transfer to the outside world; and get them in the habit of meeting standards of behavior; you’ll see a huge difference.

Any convict caught committing any felony while incarcerated will be subject to immediate extension of their sentence to life in the case of non-violent felonies, or death in the case of violent felonies. Self defense (against ANY crime or attempted crime against them, not just murder) is considered a valid defense against such charges however.

On their release from custody, convicts will be liable to the same penalties and strictures as those who have received non-custodial sentences.

Any further felony committed by any felony convict, whether incarcerated or not, prior to the discharge of any and all obligations (fines, restitution, service or labor), or in the convicts “probation” period will result in an automatic custodial sentence of at least five years; even for offenses that would not normally carry a custodial penalty.

Any violent felony committed prior to the discharge of any and all obligations shall result in an automatic custodial sentence of life in prison, or death.

On the discharge of their fines and restitution, and completion of any service or labor requirements, and any probation period; all convicts shall have all their civil rights restored, including the right to vote, and the right to keep and bear arms.

Private employers may discriminate against convicts, even after their obligations have been discharged, should they choose to do so. The federal, state, and local governments however may NOT discriminate against convicts whose sentences have been discharged however, except for those convicted of Heinous crimes (who should, in general, not be released anyway) or in the case of employment in law enforcement, criminal justice, corrections, national security, or the military.

Any repeat offense of the same felony, or any violent felony by a convicted felon who has discharged their sentence, shall cause a convict to be considered an incorrigible offender, and subject to an automatic sentence of 25 years, life, or death at a judges discretion (25 years for any crime that would normally rate a sentence less than 25 years. Life for any crime that would normally rate 25 years. Death for any heinous crime, or crime that would normally rate life). As always, this is subject to review and reduction by a judge after the convict has discharged their obligations (excepting heinous crimes).

I call this the “one chance, don’t blow it” rule. I believe it is fully justified, because the nature and scope of felonies is being dramatically reduced; the standards for offense are much higher, and the ability of someone to reintegrate into society without re-offending should be much better under this regime.

That’s it. Not exactly simple, but a lot less complicated than our current system… and if anything can work, it ought to be this.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Aren’t You Glad To Be A Gamma?

I had a really interesting philosophical discussion with Brad Warbiany, our curator at The Liberty Papers, over a Facebook status I wrote. I had just re-listened to the CBS Radio Workshop rendition of Brave New World and had commented that it seemed like a far more livable situation than 1984.

Warbiany added that California, if Prop. 19 passes and allows the modern equivalent of soma to be freely ingested, the state really will look like Brave New World. With the state already self-organized into a caste system (Listen to someone from Northern California talk about Southern California or someone from Berkeley talk about Sacramento some time), abortion and every sort of contraceptive widely available and the domination of a vapid mass culture (seen at San Diego Comic Con or Wonder Con in San Francisco) taking precedence over civic involvement for Californians, the Golden State really resembles Huxley’s “negative utopia.”

Warbiany also handed me this great cartoon:
Orwell v. Huxley

On Twitter, alot of progressive and libertarian leaning activists tend to advocate alot for issues of freedom and emancipation in countries like Iran or China. In a way, situations in so obviously repressive countries like those are much easier for the activist. They fit into the Orwell dynamic and the villains and heroes are very clear. In his opposition to the death penalty, our own Stephen Littau does take on the American equivalent to state repression. Along with questionable foreign policy and drug policy, however, those are really the only avenues for passionate American political activism.

Beyond such clear issues of state force, however, one runs into a brick wall when faced with the mass culture, dullness and vapidity of consumer society. It seems that in this society, the majority of more normal people (myself and most people reading this strongly excepted) do not become Jeffersonians but instead “turn on, tune in and cop out,” as Gil Scott Heron once said. How does one become an activist in a society in which people freely subjugate, segregate and limit themselves?

I have a funny story that relates to this, that I didn’t even remember until I read what Brad said. While living in Alameda, California, I lost my phone. A teenage girl, around college age most likely, found it and called my mom, who e-mailed me about it. When I got the phone back, I was really grateful but had no money on hand. The only possession I had literally was a copy of Aldous Huxley’s Brave New World. I offered it to her.

She literally responded, “No thanks. I don’t read.”

I know. Alameda is not a low income area where reading should be rare, either. There are several bookstores in the area, along with hip restaurants, record stores and everything else you expect in cosmopolitan society. It even has an incredible vintage movie theatre that I rank as the best in Northern California, next to Oakland’s Grand Lake Theatre. This girl was obviously more involved in other factors of modern life, all of which I can safely assume are of less consequence intellectually than the work of Huxley.

It’s especially ironic given that there is a passage in Brave New World in which infants are given books while bombarded with screeching, loud noises, in order to dissuade them from being too intellectual when they reach adulthood. With video games, television, the internet and iPhones, that seems unnecessary as modern people have been incentivized out of intellectualism.

That girl did go to extra trouble to give me my phone back, with no advantage to her, however. That means she had a decency and sense of altruism that her lack of reading hadn’t impeded. Having grown up around the hyper-educated and being on that road myself, I can also attest that we’re not the nicest group of people. Perhaps then we really are on the road to progress.

Nolan Exposes McCain’s Antipathy for Civil Liberties in Arizona Senate Debate

David Nolan, co-founder of the Libertarian Party and author of “The World’s Smallest Political Quiz” (to which the result is plotted on the “Nolan Chart”) is running against none other than the most recent Republican presidential nominee, Sen. John McCain for his senate seat. KTVK-3TV hosted a debate last Sunday which included Sen. McCain along with challengers Rodney Glassman (D), Jerry Joslyn (G), and David Nolan (L). Believe it or not, all candidates were given equal time to debate the issues; something that is usually missing from the debates I’m accustomed to watching.

Despite the skills of those challenging Sen. McCain – particularly the two 3rd party candidates, the latest Real Clear Politics Average Poll shows McCain with a comfortable 17.4 point lead over his closest challenger, Rodney Glassman. Critics of 3rd parties look at poll results like this and wonder “what’s the point” of allowing 3rd party candidates to participate when their chances of winning are so miniscule.

IMHO, I believe that both Nolan and Joslyn did a fine job demonstrating why 3rd party candidates should be included by raising issues, proposing solutions, and exposing the shortcomings of the two party system and the candidates themselves to voters and concerned citizens.

In the 3rd part of this debate (below), Nolan brought up a McCain sponsored bill that is most likely not on the radar of very many people: S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

(Beginning at -6:14 in part 3 of the debate)

Nolan: “One of the reasons I got into this race is that right now, at this very moment Sen. McCain is a sponsor – I think the lead sponsor of Senate Bill 3081 […] a bill which would authorize the arrest and indefinite detention of American citizens without trial and without recourse. This is one of the most dangerous, evil, un-American bills that’s ever been proposed in congress and nobody who would sponsor such a bill should be sitting in a seat in the United States Senate.”

And what was Sen. McCain’s response to the charge by Nolan of sponsoring such a “dangerous, evil, un-American” bill?

McCain: “Well again, I hope that our viewers won’t judge me by the remarks just made [by Nolan], they may be a little bit biased.”

Nolan raised the issue again in his closing remarks. Sen. McCain did not respond.

Okay, fair enough. Perhaps Mr. Nolan is biased. He is trying to take his job after all. Fortunately for now at least, the average person with an internet connection can freely search and find the bill and learn of its contents. Let’s take a look and see how “biased” Mr. Nolan was and determine whether or not Arizona’s senior senator should be “judged” by the bill he is currently sponsoring.

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’.

SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY.

(a) Military Custody Requirement- Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.

(b) Reasonable Delay for Intelligence Activities- An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.

“Suspected unprivileged enemy belligerent” ? No, that doesn’t sound Orwellian at all. Now let me highlight Sec. 3b3 and let you, the reader decide if any of this strikes you as “dangerous,” “evil,” or even “un-American.”

(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS– A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.

Talk about double speak! Such individuals are not “criminal suspects” who in our criminal justice system normally considers “innocent until proven guilty” who have Constitutionally protected rights but “suspected enemy belligerents” who are apparently assumed guilty until a high ranking official in the executive branch, or the president himself determines otherwise.

Sorry, I’m getting a little ahead of myself. I haven’t even got to the most disturbing part of the bill yet – Section 5:

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

So here we are in 2010, Sen. McCain et al advocating giving American citizens POW status under Article 5 of the Geneva Convention as they may be “enemy belligerents” in an ill-defined and open-ended “war on terror.” The provisions of the USA PATRIOT Act which were originally supposed to be temporary but now as a practical matter, a permanent fixture of federal law, apparently don’t go far enough to dismantle what is left of the Bill of Rights.

One thing I found interesting in this debate was not only Sen. McCain’s response (or lack thereof) but also the deafening silence of his Democrat challenger who could have easily picked this issue up and ran with it if he shares Nolan’s civil liberties concerns. Could it be that Mr. Glassman would also support this bill if he were elected to replace Sen. McCain? If so, I wouldn’t be at all surprised considering that President Obama who is a member of the same political party as Glassman actually believes he can assassinate Americans without due process of any kind. Both the Obama and Bush administrations have even gone as far to say that if or when the president makes a “state’s secrets” claim, no court can even consider the legality of such cases. There’s little doubt in my mind that President Obama would sign S. 3081 into law as this would only enhance his power.

Maybe for now on we should stop referring to the first ten amendments as “The Bill of Rights” and call them “The Bill of Privileges.” This would at least be honest because rights cannot be taken away and therefore can never be “inapplicable.”

UPDATE: Despite Possible Political Implications, Gov. Strickland Stops Kevin Keith’s Execution; Commutes Sentence to Life

Bob Driehaus writing for The New York Times reports:

CINCINNATI — A death row inmate convicted of murdering a child and two adults was spared the death penalty Thursday by Gov. Ted Strickland of Ohio, who said there were possible problems with the evidence.

A diverse group of Republicans and Democrats, attorneys general and federal and state judges and prosecutors had rallied around the case of the inmate, Kevin Keith, 46, after his lawyers uncovered evidence they say casts doubt on his guilt.

In commuting the death sentence, Mr. Strickland, a Democrat, said that he believed it was still likely that Mr. Keith committed the murders, but that he was troubled by the likelihood that evidence uncovered since his conviction would not be presented to a court before the scheduled Sept. 15 execution.

“That would be unfortunate,” Mr. Strickland said in a statement. “This case is clearly one in which a full, fair analysis of all of the unanswered questions should be considered by a court. Under these circumstances, I cannot allow Mr. Keith to be executed.”

Gov. Ted Strickland should be applauded for doing the right thing and preventing Kevin Keith’s execution. Strickland, who is as of this posting trailing in his race for re-election against his Republican challenger John Kasich by roughly 10 points, had to know that stopping an execution of someone convicted of a particularly heinous act is a very risky proposition politically. George W. Bush is the only governor in history to commute a death row sentence in an election year and go on to win re-election. Kasich, on the other hand, has the luxury of not having to comment one way or the other (and so far his campaign hasn’t).

Neither the parole board nor SCOTUS were willing to consider the “unanswered questions” about Kevin Keith’s guilt. Keith’s life was quite literally in Gov. Strickland’s hands. And even though Gov. Strickland still believes that Keith is likely guilty of these murders, he decided to err on the side of life – life in prison but life none the less.

Keith’s legal team, though thrilled that their client’s life was spared, are not going to be completely satisfied until these questions are presented in a new trial in hopes of proving Keith’s innocence.

The article continues:

“The same compelling reasons that support Governor Strickland’s actions today,” said one of his lawyers, Rachel Troutman, “warrant a new, fair trial for Mr. Keith, including the existence of newly discovered evidence, the revelation of evidence withheld by the state, and the development of new science behind eyewitness identification, all of which point to Mr. Keith’s innocence.”

There is no excuse for the state to withhold evidence that doesn’t support the state’s case. It seems that all too often prosecutors focus too much on “winning” their cases at the expense of justice. Justice not only denied for the accused but also for the victims and their families.

There’s also no excuse for the John Kasich campaign’s silence in this case. Kasich is running to replace the sitting governor of a death penalty state. Kasich owes it to Ohio voters to explain why his opponent, the sitting governor made the right or wrong decision in this case. It’s not really enough for a candidate for governor to answer a generic question about whether s/he supports the death penalty or not when real death penalty cases with real and difficult questions exist in a state that executes the second highest number of people in the nation.

All legal issues and politics aside, the commuting of Kevin Keith’s death sentence to life is very good and welcome news.

Related Post:

Even Death Penalty Supporters Urge Ohio Gov. Strickland to Spare Kevin Keith

Even Death Penalty Supporters Urge Ohio Gov. Strickland to Spare Kevin Keith

Its one thing when anti-death penalty activists petition a governor to pardon or commute a sentence of an individual scheduled for execution but quite another when death penalty supporters agree. Kevin Keith is scheduled to be executed by the state of Ohio on September 15th for the 1994 murders of 2 adults and 1 child; a crime he has maintained he did not commit. Despite exculpatory evidence which points away from Keith and despite Gov. Ted Strickland’s (D) own public comments where he said he found “certain aspects” of the case “troubling,” the parole board voted 8-0 in favor of executing Keith.

Fortunately, the parole board’s decision is non-binding; Gov. Strickland or perhaps SCOTUS can still do the right thing and halt the execution until the more ‘troubling’ aspects of this case can be fairly reconsidered.

According to this article in The Guardian, among those who are urging Gov. Strickland to halt the execution are more than 30 former judges and prosecutors including former Ohio Attorney General and death penalty supporter Jim Petro (R) and former Ohio Supreme Court Justice Herbert Brown.

Jim Petro in a letter to Gov. Strickland:

“I am gravely concerned that the state of Ohio may be on the verge of executing an innocent person”

Justice Herbert Brown in another letter:

“There is a mass of exculpatory evidence, suppressed evidence, faulty eyewitness identification and forensic reports that support legitimate claims of innocence”

Innocence Network President and Clinical Professor at the University of Wisconsin Law School Keith A. Findley, while likely biased against the death penalty also wrote to persuade the governor:

Like so many of the wrongful conviction cases, tunnel vision by police, prosecutors, and even courts appears to have played a central role in Mr. Keith’s case and his ultimate conviction.

[…]

The evidence of these pernicious effects of tunnel vision, coupled with the compelling new evidence in Mr. Keith’s case, suggests that Ohio might be on the verge of executing an innocent man […]

Keith’s defense team, in a statement following the parole board’s decision points out that Gov. Strickland signed a bill into law which prohibited some of the very techniques investigators used against their client. Unfortunately for Keith, the banning of these faulty procedures came too late.

Yes, the case of Kevin Keith is indeed troubling. Maybe if a few thousand more can petition Gov. Strickland, he will be even more troubled to the point to where he will end this madness (click here to sign the petition).

In other troubling death penalty news, a federal judge has denied Troy Davis’ innocence claim despite 7 of 9 eyewitnesses recanting their testimonies against him.

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