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Strickland asked to halt executions — for now

American Bar Association report says problems with fairness in death penalty system need to be remedied.

> Bar association's recommendations | Comment on this

Staff Writer

Tuesday, September 25, 2007

— The American Bar Association on Monday said Ohio fully meets only four of 93 standards the ABA developed to measure whether a state's death penalty system is thorough and just, and called on Gov. Ted Strickland to temporarily halt executions until the problems are fixed.

"After the governor and his legal team have an opportunity to review the report, he'll have an opportunity to respond to the findings," said his press secretary, Keith Dailey.

Extras

Ohio Supreme Court Chief Justice Tom Moyer issued a statement that the court "will be reviewing its findings and conclusions thoroughly."

Among flaws outlined in the 500-page report: Defendants facing the death penalty don't have adequate access to experts and investigators, competent legal representation, or appellate review of claims of errors.

Ohio imposes the death penalty on people with severe mental disabilities and there are racial and geographic disparities in who gets sentenced to death, the study found.

In addition to the four standards Ohio did meet, it partially complied with 38, but failed on 28. The ABA couldn't collect information to assess how Ohio does on the other 23 items.

At issue is whether the state does all it can to ensure justice is done before it takes a life, said Michael Grecko, past president of the ABA.

Ohio is the seventh of eight states being studied by the ABA, which has asked Ohio and four other states to temporarily halt executions. None has done so.

The Ohio Death Penalty Assessment Team included U.S. District Court Magistrate Michael Merz of Dayton.

ABA recommendations

To improve Ohio's death penalty system, the American Bar Association has offered several recommendations to the state, including:

Requiring all biological evidence be preserved in all capital cases as long as the defendant is in prison.

Requiring law enforcement to record all interrogations in homicide cases from start to finish.

Implementing mandatory lineup procedures to protect against inaccurate identifications.

Adopting attorney qualifications in death penalty cases.

Conducting a state-sponsored study to look at disparities in how the death penalty is applied.

Adopting a rule against executing inmates with serious mental disorders.

Source: American Bar Association's

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Comments

By Ashiko

October 2, 2007 12:39 PM | Link to this

What I want to know is; does Jazzyz support the War in Iraq? With the whole “Thou shall not kill-period”.

I am for the Death Penalty. I am also ProChoice.

By JST BEN

September 26, 2007 3:16 PM | Link to this

Personally, aharddaysnight, I think abortion is up to the people involved, but this is about convicted murderers and they should lose their rights. When you take someone else’s right to breathe then you should just be happy to breathe uniil you too are put to death. The differemce is the victim did nothing wrong and these people are murderers. AND by the way it is not that any MAN has the right to take the life of another. That choice was made by the person when they were committing the murder!!

By aharddaysnight

September 26, 2007 1:40 PM | Link to this

Another thing I would like to mention as s survivor of a violent crime. When is the justice system going to allow survivors decide what should happen to their perps? Doesn’t anyone think we should get some say instead of making some lame “impact statement”?

By aharddaysnight

September 26, 2007 1:38 PM | Link to this

Is it just me or are the people talking about the death penalty being a good thing the same people who were running their mouths the other day about how bad abortion is? Quite frankly I believe in the death penalty and a woman’s right to choose but I think it’s ironic how many “pro-lifers” are also pro- death penalty and how many pro-choicers are anti-death penalty. I also notice how sorry most murderers are when they get caught as compared to when they were commiting murder. Strange huh?

By Kim

September 26, 2007 9:23 AM | Link to this

I agree with Ben & Jim, an eye for an eye. We could save the taxpayers a few dollars and let the death row inmates in to the general population for some “prison justice”. While your at it, overhaul the appeal system that takes years. If the murderer is guilty without a doubt why should they have the luxury of still being alive? My niece certainly didn’t have a choice in how she died when she was murdered.

By Jean

September 25, 2007 1:23 PM | Link to this

YES !!! Ohio SHOULD eliminate the Death Penalty … NO MAN has the right to take another man’s life regardless of what the alleged inmate was accused of doing. That would be like an eye for an eye. Many men are wrongly accused/convicted. How can you give back a life after it’s already taken ??? I am vehemently opposed to the Death Penalty

By BillieD

September 25, 2007 10:46 AM | Link to this

What’s next? The Scarlet Letter? The Stockades? Burning Witches at the steak? What a bunch of primitive thinking, stone-age, Neanderthals. Talk about being stuck in the 1700’s. Parts of the human race will always fail to mature as a species. There are just some people in society that missed the evolution train.

By Jazzyz

September 25, 2007 10:36 AM | Link to this

Executions are killing. Thou shall not kill — period. If you kill you go to hell. It’s as simple as that. Even if you trick yourself into thinking it’s in the name of the law. Guess what? Gods law supersedes our laws. It’s #1, Thou Shall Not Kill. There are NO exceptions. When you execute a murder, you new send him to hell, the executioner to hell and the judge to hell. It seem a shame to send three people to hell when only one was going there. Maybe in 500 years we’ll move past that mentality.

By JST BEN

September 25, 2007 9:25 AM | Link to this

I agree with Jim. If they are with out a doubt guilty, then KILL them. An eye for an eye. People in prison get too many Benefits of our govt. My uncle got 3 degrees while he was locked up for 17 years. I struggled during the same time to put my wife through college, while in the Navy and working 2 side jobs. It’s BS how much these prisoners get.Especially murderers. If they are caught in the act, they shouldn’t waste our time or Tax money.

By Eric

September 25, 2007 9:16 AM | Link to this

It should not be the state’s responsibility to execute anyone. We are, or should be, past the eye for an eye mentality. I don’t see any reason why the prisoners cannot be given a clean cell, bathroom facilities and a couple meals a day and drop all the other amenities such as A/C, TV, and classes leading to college degrees. Why should they also recieve anything but minimal health care, considering all the law-abiding people that do not receive even that. Lock them up and throw away the key.

By JANICE

September 25, 2007 9:10 AM | Link to this

The death penalty is not designed to be a deterrent, it is a punishment.

Jason, unlike Munich, most of Germany has a very high rate of crime. In fact, it is a brewing ground for terrorists, like the 3 who participated in 9/11.

Tom, please learn to select “Post” ONCE!!!!!!!!

By daniel

September 25, 2007 8:26 AM | Link to this

they always make something racial!!!!!! the poor blacks!!! looks like its racial to me to have bet,black starz, miss black america and so on and naacp is a racist group so now its racist if the blacks on death row get put to death?????? america has gone to hell!!!!!!!

By Tom

September 25, 2007 8:16 AM | Link to this

If you voted Democrat, you can only thank yourself. Ted Strickland is a former prison administrator, and looks like he’s ready to bend at the will of liberals. How far off is gay marriage in Ohio?

By Tom

September 25, 2007 8:15 AM | Link to this

If you voted Democrat, you can only thank yourself. Ted Strickland is a former prison administrator, and looks like he’s ready to bend at the will of liberals. How far off is gay marriage in Ohio?

By JIM

September 25, 2007 7:38 AM | Link to this

WHY SHOULD WE HAVE TO PAY FOR SOMEONE TO LIVE ON DEATH ROW FOR YEARS WHEN THEY SHOULD BEGIVE A SET TIME OF SIX MONTH’S AN THAT’S IT.AN HOW COME SOME ONE CAN BE CAUGHT IT THE ACT AN SAY THEY ARE NOT GUILTY.DON’T FEEL SORRY FOR THE CRIMINAL,FEEL SORRY FOR THE VICTIM.

By Tom

September 25, 2007 7:30 AM | Link to this

If I were in charge I would line up all death-row inmates and execute them like on an assembly line.

By bob

September 25, 2007 7:22 AM | Link to this

In this country the law protects the criminals! We kill babies via abortion but refush to kill convicted murderers!

By Jim5

September 25, 2007 6:57 AM | Link to this

It does not matter if the death penalty acts as a deterrent or not. Part of the function of the law is to provide retribution for victims within the bounds of the law, and not outside of the law. I would much rather have the families of victims be able to see the killers executed in state prison than having European-style vigilante justice take place outside of the law. Why do Europhiles never count the 20 million killed in WWII as “homicide” victims?

By Jason

September 25, 2007 5:29 AM | Link to this

Bill,

I live in Europe and I can say where I live (Munich Germany Population over 1 million people) last year we only had four murders. Hmmm I think the city of Dayton exceeds that in two months. Germany, like the rest of Europe, does not have a Death Penalty. If you think the Death Penalty actually works as a deterrent then maybe you need to think again.

By Bill

September 25, 2007 3:33 AM | Link to this

“This document has been produced with the financial assistance of the European Union. The contents of this report are the sole responsibility of the American Bar Association and can under no circumstances be regarded as reflecting the position of the European Union. Significant portions of the research were performed on Westlaw courtesy of West Group. Copyright 2007, American Bar Association” part 2 WHAT DO YU THINK OF THE REPORT NOW?

By Bill

September 25, 2007 3:30 AM | Link to this

This is the 1st of 2 parts from page 3 of the report

“The materials contained herein represent the assessment solely of the ABA Death Penalty Moratorium Implementation Project and the Ohio Death Penalty Assessment Team and have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and accordingly, should not be construed as representing the policy of the American Bar Association.”

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