Friday, May 17, 2013

Kansas has a death penalty, but it isn’t being used

No one has been put to death in Kansas since 1965.

“Kansas is 10 years and $20 million away from its first execution,” predicted lawyer and capital punishment opponent Sean O’Brien of Kansas City.

Kansas lawmakers reinstated the state’s death penalty in 1994. Since then, 13 men have been condemned to death for murder. All remain alive. Only nine sit on the state’s death row, according to the Kansas Department of Corrections’ website. The others’ sentences were reduced after appeals and plea agreements, or have been vacated pending a new trial.

Since 1976, when the U.S. Supreme Court validated rewritten capital punishment laws, only two states with death penalty statutes — Kansas and New Hampshire — have not executed a single inmate.

The long gap between capital crime and capital punishment in Kansas is the result of several interlocking factors, experts say.

The state’s death penalty law is narrow, providing a way for even the most brutal killers to escape the punishment. Some prosecutors use the death penalty more as a negotiating tool than a criminal sanction, and some politicians remain ambivalent about executions, as do many residents in the state.

And the courts play a critical role.

All death sentences in Kansas are automatically reviewed by the state’s Supreme Court. It’s uniquely allowed to “scour the record” for trial and sentencing errors in capital cases, even those not raised by defense lawyers. That further raises the chances for delays.


Source: The Kansas City Star, May 17, 2013

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