Arkansas Supreme Court Strikes Down Death Penalty

Started by Rick4404, June 27, 2012, 02:18:13 PM

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Rick4404

June 27, 2012, 02:18:13 PM Last Edit: June 27, 2012, 02:48:17 PM by Rick4404
The Arkansas Supreme Court for now has invalidated the state's death penalty law.  It's ruling focused on the technical issues related to carrying out lethal injections in the state.  The court's ruling in part stated, that the Legislature has sole authority relative to matters concerning the death penalty, and that changes in the lethal injection procedure could not be carried out through a change of protocol, which amounts to an administrative regulation change. 

The court did not rule on the validity or the constitutionality of the death penalty itself, so the court is not expected to do away with the death penalty in Arkansas permanently.   

Quote
Arkansas Supreme Court Strikes Down Death Penalty
BY NATHAN KOPPEL
The Wall Street Journal

Posted:  6/15/2012

The Arkansas Supreme Court struck down the state's death-penalty law as unconstitutional Friday (June 15), a ruling that will further delay executions in a state where there are 37 inmates on death row.

The ruling, which focused on technical issues related to carrying out an execution, didn't address whether death was a legal form of punishment in Arkansas and isn't expected to permanently do away with the penalty.

The decision comes at a time when executions are on the decline nationwide.

It is also unclear whether or not that Arkansas will fall back to the death penalty law that was in effect in 1983 when lethal injection was first introduced in the state.  The pre-1983 statute required that executions be carried out by electrocution.  The statute in Arkansas requires that if lethal injection is ever to be held as being unconstitutional, then a death sentence shall be carried out by electrocution.

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The Arkansas Supreme Court for now has invalidated the state's death penalty law.  It's ruling focused on the technical issues related to carrying out lethal injections in the state.  The court's ruling in part stated, that the Legislature has sole authority relative to matters concerning the death penalty, and that changes in the lethal injection procedure could not be carried out through a change of protocol, which amounts to an administrative regulation change. 

The court did not rule on the validity or the constitutionality of the death penalty itself, so the court is not expected to do away with the death penalty in Arkansas permanently.   

Quote
Arkansas Supreme Court Strikes Down Death Penalty
BY NATHAN KOPPEL
The Wall Street Journal

Posted:  6/15/2012

The Arkansas Supreme Court struck down the state's death-penalty law as unconstitutional Friday (June 15), a ruling that will further delay executions in a state where there are 37 inmates on death row.

The ruling, which focused on technical issues related to carrying out an execution, didn't address whether death was a legal form of punishment in Arkansas and isn't expected to permanently do away with the penalty.

The decision comes at a time when executions are on the decline nationwide.

It is also unclear whether or not that Arkansas will fall back to the death penalty law that was in effect in 1983 when lethal injection was first introduced in the state.  The pre-1983 statute required that executions be carried out by electrocution.  The statute in Arkansas requires that if lethal injection is ever to be held as being unconstitutional, then a death sentence shall be carried out by electrocution.



Ruh Ro Raggy!!!!!! Wonder if Ole Sparky is going to be brought back out of retirement in Ark?????? ??? ??? ???
People that think they know it all, annoy the hell out us who actually do ...

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