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Abolish the death penalty in Nebraska

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Sunday, Feb 10, 2008 - 12:26:47 am CST

Friday’s Nebraska Supreme Court decision leaves the state without a means of carrying out the death penalty.

The time is ripe to abolish capital punishment in the state.

Sen. Ernie Chambers’ bill, LB1063,  would allow two sentences for first-degree murder: life in prison or life in prison without the possibility of parole. The measure failed by just one vote last year.

With the advent of more DNA testing, errors in sending people to death row were shown to be far more frequent than most people believed.

Nationally, scores of people — including some on death row — have been cleared of their crimes. Some who were released on the basis of DNA testing were completely exonerated and actually were innocent.

The justice system isn’t perfect. That has been proved in the past and will be proved in the future.

Nebraskans are sharply split over the death penalty, with 51 percent in a 2007 Nebraskans Against the Death Penalty poll favoring repeal if accompanied by a sentence of life without parole and restitution to the victim’s estate.

Gov. Dave Heineman has said he would veto Chambers’ bill, which would take 30 votes in the Legislature to overcome.

That’s a steep order, but state senators need to consider what means of the death penalty would be viable.

Nebraska was the only state using the electric chair as the sole means of execution, and now its high court has ruled that method to be cruel and unusual punishment.

“Contrary to the state’s argument, there is abundant evidence that prisoners sometimes will retain enough brain functioning to consciously suffer the torture high voltage electric current inflicts on a human body,” Judge William Connolly wrote in the opinion for the court. “The evidence supports the district court’s statement that instantaneous and irreversible brain death is a myth.”

No doubt. Remember Florida, where one person being electrocuted bled from the nose and two others had flames shooting from their heads?

Photos of Allen Lee Davis’ execution in 1999 show what happened as the switch was thrown.

According to a New York Times article, his face contorted and turned a bright purple, blood pouring from his nose. He was still alive when the power was turned off, witnesses reported, his chest rising and falling about 10 times before he was still.

Lethal injection has the same problem. The U.S. Supreme Court now is considering whether the most common drugs used to kill by lethal injection violate the Constitution.

Recent executions in Florida and Ohio using lethal injection took much longer than usual, with strong indications prisoners suffered severe pain in the process, The Associated Press reported.

The three-drug cocktail has appeared to cause some inmates to suffocate while conscious and paralyzed instead of stopping their hearts while they were knocked out, a report in the medical journal PLoS Medicine said.

“There is no humane way of forcibly killing someone,” editors of the journal wrote.

Instead of rushing to pass a new means of capital punishment, the Legislature should take this opportunity to finally get rid of the death penalty.


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Question wrote on February 10, 2008 12:47 am:
" Should NE abolish the death penalty, what punishment do they really have? While prison may not be fun, it's not as if they will be put in solitary confinement for their lives. They will have food, shelter, a degree of comfort. Medical expenses covered. And in return they will provide nothing. At least with prisoners who may leave the system, there is the hope that they will again pay taxes. These people will have murdered (and heinously, which was the qualification for death penalty) and in return...get to live. And pay nothing really.

"

 Mark wrote on February 10, 2008 2:39 am:
" There is no good reason for killing someone by way of electrocution. The only good reason for killing someone is to offer protection from more killing. I have confidence in our prison system that killing by the State is unnecessary. It's as simple as that and I pay my taxes to support that principle. Yes, there is room for improving the prison system, but killing more people is not the answer. The death of a killer does not bring the victim back from the grave, nor does it serve justice. Fact of the matter is that the vengeance killing is simply that; vengeance killing. I will not endorse it nor will my children, even if we give our lives to uphold the value of human live, in all its depraved conditions. There is nothing that anyone can say that will dissuade us from the idea that human live is worth less than the twisted idea of vengeance. Peace unto you. "

 peb wrote on February 10, 2008 9:29 am:
" I don't understand how a supposed "Christian" nation can think they can play God and decide which sin is worthy of taking another person's life. God said, "Vengenance is MINE."

And how do we know when someone might turn their life around and accept Christ? By killing them we are removing that chance from someone's life. "

 Steve wrote on February 10, 2008 3:23 pm:
" I guess those who have been proven to have murdered inocent victims should relax in prison. I suppose their victims didn't feel any pain or discomfort when they were raped, beaten, cut, shot, etc...... "

 Jeff wrote on February 10, 2008 3:32 pm:
" The death penalty doesn't deter crime. Oh, a lot of criminals (after they're caught) will express fear of it, but they weren't thinking about it when they committed their heinous crime. With the number of innocent people let off death row due to DNA evidence close to 200 nationwide, our country has undoubtedly put innocent people to death. That's not what we stand for as a country. so... the only reason left for putting people to death is to save money, but that's not happening either consider the length of time it takes, court and lawyer fees, etc. If we are going to do it - lethal injection is the way to go. But you've got to make sure you've got a good IV line, and you have to have someone who can assess whether the sedative has worked before you give them the neuromuscular blocker. That's not rocket science though - most anyone could be taught to do it, so if you can't get a physician or a nurse - teach the prison personell to do it. "

 just not sure wrote on February 10, 2008 4:26 pm:
" I am just not convinced that my tax money should go to support people on death row for life. It just feels like we all suffer from their mistakes. Maybe there could be a system change so we could make the criminal pay for their life term, if they don't pay with their own life. I am not sure what the answer is....what I do know is no one has the right to take a life, too bad the criminals have to act in such ways. "

 Ken Hecklsberg wrote on February 10, 2008 5:07 pm:
" Isn't being sentenced to death in Nebraska actually life without parole?
It has been for all but 4 in the last 50 years. "

 Not My Job wrote on February 10, 2008 6:35 pm:
" Isn't it God's job to decide who should be killed for their sins? "

 Guillermo wrote on February 10, 2008 6:56 pm:
" Studies show that by the time the appeals process, negative publicity, testing to ensure that the right person is being executed, etc. are factored into the cost, execution is actually more expensive than life without parole. Additionally, experts have said that lethal injection and electrocution are actually the most inhumae methods of carrying out state sponsored execution. Anyone care to guess what has been found to be the least "cruel and unusual" form of execution?...Firing Squad. "

 Bob wrote on February 10, 2008 7:31 pm:
" The only problem with the Nebraska death penalty is that it is not carried out soon enough after conviction,when you have someone convicted and sentenced to death and then allow them 20 years of appeals how do can you expect the death penalty to be a determen "

 Steve wrote on February 10, 2008 9:44 pm:
" Yeah, there's a poll I'm going to put a lot of faith in, the one from Nebraskan's Against the Death Penalty. "

 51 percent against?? wrote on February 10, 2008 11:37 pm:
" One would think with all the screaming conservative claims that Nebraska is all pro-death penalty, this editorial sets us straight. if Nebraska calls an end to this barbaric practice I think I may actually be proud to be a Nebraskan. How forward thinking and intelligent an editorial! This could actually put us on the map. "

 Jen wrote on February 11, 2008 6:45 am:
" What is omitted from this obviously biased article is what Allen Lee Davis DID to be executed - broke into the home of the Weiler family, beat Nancy Weiler (3 months pregnant) so severly that the trigger guard, wooden grips, and metal frame of handle of the gun broke, tied up 10 year old Kristy Weiler and shot her in the face, and then shot 5 year old Kathy Weiler in the back as she ran from him, and then beat her to death. I hope to God Allen Lee Davis suffered. I can guarantee you he didn't stop to think about how they suffered, nor did he think about the suffering of John Weiler, who was gone on business when this tragedy occurred. He is left without his wife, daughters, and unborn child. Don't cry to me about how cruel and unusual the death penalty is. It is necessary, period. "

 mitchy_v wrote on February 11, 2008 7:37 am:
" Actually, the firing squad is second least "crual and unusual form". I believe that the gilliteen is first. It was even used by the early christian societies. "

 Against Death Penalty wrote on February 11, 2008 8:06 am:
" Thanks for this, Journal Star. Many Nebraskans have had their voice muffled by the shouting pro-death penalty hordes. There is absolutely no reason to kill another human being. Period. And for those worrying about cost, the death penalty costs more than life in prison. "

 Zeke: wrote on February 11, 2008 8:37 am:
" I would like to point out that those who cite Christanity fail to remember that Matthew 5:18 says that "Until heaven and earth pass away, not one jot, not one tittle will pass from the law until all has been fulfilled." The death penalty is called for under Christianity since a jot is the dot over a small "i" or a small"j", and a tittle is the crossbar of a "t." Thus, not even a little tittle will fade from law until all has been fulfilled. If you believe all has been fulfilled, read the Journal Star with its tales of murder, robbery, war, pestilence, etc.
This capital punishment business is a harsh mistress. I am for it for some crimes, but I by no means hold life to be cheap. "

 Lincolnite wrote on February 11, 2008 9:05 am:
" We have become such a pathetically squishy country and state...

Hard to believe that a poll conducted by Nebraskans Against the Death Penalty has a majority response to abolish the practice. How many other polls have they taken, besides the one referenced, that demonstrate the majority is in favor of keeping the death penalty? How did they frame their questions? If the best argument that you have is that you have a 51% response on a poll taken by a group that is already biased toward their point of view to begin with, you don't have a whole lot of facts to back up your claim. "

 Nina wrote on February 11, 2008 9:10 am:
" I am anti-death penalty for the simple reason that the Bible, as well as my gut feeling, tells me vengeance is not ours, and we should not kill. All those who want the death penalty carried out, regardless of the moral and spiritual issues, never answer the questions regarding the innocents that have been put to death, or were on death row when DNA exonerated them. Their number is many now. Also the cost issue - it costs much more to carry out the death penalty than it does to harbor a prisoner for life. The death penalty is not a deterrent - those who murder have little regard for their own life in the first place, thus recognizing the sanctity of another's life is something they cannot relate to. Come on, folks, answer those two questions. "

 SLC wrote on February 11, 2008 9:25 am:
" Where was GOD when these people were being MURDERED??? I think they threw their GOD card out the window when they killed people! You don't DESERVE to get the chance to become a born again Christian! "

 tim wrote on February 11, 2008 9:28 am:
" once again the courts are making law. how is it that we've gone this long with this type of execution then all the sudden today we wake up and are being told its inhumane. survey the court you'll find 6-1 are against any type of capital punishment. "

 mitchy_v wrote on February 11, 2008 10:07 am:
" The reason the death penalty is more expesive is because of the drawn out legal process. Exliminate the multiple appeals and the cost will go down. It is cheaper to exicute someone vs life in prison, it is the lawyers that are costing us. "

 Grundle wrote on February 11, 2008 10:27 am:
" Actually Nina, the Bible in Genesis 9:6 says, "Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man." But in the interest of separating Church and State, perhaps we should look only at what is "just". For purposes of this discussion, we can define "just" as being 'due reward or punishment for an act'. The key word is 'punishment', as this is what the death penalty is designed to be...not a deterrent. It's not about teaching murderers that murder is wrong, it's not about teaching society that murder is wrong...it's about exacting equitable punishment for the crime committed. In the case of the death penalty, the only offense for which it may be used is 1st degree murder, which involves premeditation...cold-blooded murder. Most often, in the case of premeditated murder, the killer has come to grips with sacrificing the remainder of his/her life...either to execution, or to spending life in prison. Neither has proven to be a particularly effective deterrent, as people in states with no form of capital punishment continue to commit 1st degree murder. Now, I would be much more supportive of LWOP if it truly meant that...but unfortunately, as politics change over time, and leaders come and go...the horrific nature of one's crime is forgotten. LWOP sentences are commuted and criminals can be released on parole. On top of this, even the best prisons have not proven themselves 'escape-proof', and on top of this, murderers placed in general population are able to kill other prisoners who may have committed much less serious crimes. These less dangerous prisoners can lose their lives to murderers, but the murderer gets to continue living. I do not see justice here, but rather, an atrocity. Perhaps many of those who oppose the death penalty are unaware of the horrific nature of the crimes committed by death row inmates, or they intentionally ignore it altogether. They cannot, or will not, picture what a dismembered 3 year old child looks like...or they refuse to recognize the ice-cold brutality it would take to cut a toddler into pieces, then display them to the child's mother for the mere purpose of intimidation. Try...just TRY to picture that scene in your mind, then say with a straight face that such a person deserves mercy. I know I sure can't. "

 beerorkid wrote on February 11, 2008 11:13 am:
" We can be better than those who kill to solve or resolve an issue. "

 Nina wrote on February 11, 2008 12:33 pm:
" I can say anyone who has ever lived, no matter what kind of deeds he/she performed deserves a chance at God's mercy. That's because none of us measures up, even though by our standards, some have done much better than others. And the New Testament supercedes the early law noted in Genesis. Read Matthew 5:38 for starters, then remember, "Father, forgive them for they know not what they do." And still the fact of the innocents who were wrongly convicted is not addressed by any of you pro-death penalty folks. "

 Ol' Farmer wrote on February 11, 2008 12:38 pm:
" Glad I was alerted to the use of Genesis9:6, because it is another argument against the death penalty. Whosoever sheds man's blood can pertain to the state of Nebraska with the death penalty, in addition to a murderer. Another good reason to avoid playing God, and become civilized. "

 Chip wrote on February 11, 2008 1:53 pm:
" The death penalty is primarily about revenge, not punishment. Whenever someone says, "I support the death penalty" they often cite the specific details of a horrible crime to justify using the death penalty and they also say they hope that the criminal suffers like the victims did. Punishment needs to be applied without anger. A knee-jerk response or emotional response falls into the same category as shaking a baby when it cries, spanking your kids when you're mad at them or hitting your spouse. Jesus tells us, my Christian friends, that we are to love our enemies and pray for those who persecute us. This is good spiritual sense and good mental health sense. If you harbor hatred in your heart and soul toward one of these animals who killed someone, you end up being eaten up inside by the anger and part of YOU dies too. "

 Jen wrote on February 11, 2008 2:25 pm:
" Is it possible in the state of Nebraska to have any kind of intellectual debate without throwing around the outdated and archaic scriptures? Please, let's stick to science, facts, and figures for once! The bible is meant to be translated by the reader, and either side of this issue will find numerous passages that support their argument and blast the opposing view, so let's toss that out of the window right now. We were on a roll. There were four or five comments in a row that didn't quote the bible. Ah, but that's the old fallback, when logic, reason, and common sense fail.... "

 mitchy_v wrote on February 11, 2008 2:43 pm:
" I support the death penality because a person committed a crime and was sentenced by a jury of his/her piers and now that sentence needs to be carried out in some form or another. This has nothing to do with religous beliefs. The punishment needs to fit the crime. You quote the bible and then turn around and refer to them as animals, but by that you are passing judgement on them, and that is wrong according to the bible. "

 Alan wrote on February 11, 2008 2:44 pm:
" I could care less what god says. If you kill someone you deserve to be killed. End of story. "

 Bible quoter wrote on February 11, 2008 3:07 pm:
" Zeke, check out:

Luke 6:27-36 and John 8:7.

You should probably look at Matthew 5:17 as well since it shines more light on the whole text. He gives us a new commandment. He gives us a new way to look at "eye for an eye." If our brothers and sisters in the middle-east would have "turned the other cheek" instead of responding with and "eye for an eye", the fighting could've ended years ago. Unfortunately, our culture has missed Jesus' point and have become so grounded in "I've got to have the last word" and "If you hurt me, I'm going to hurt you worse" that fights don't end. Families hold grudges for decades. Wars go on and on. People are unwilling to humbly walk away. Jesus asks us to be willing to be THE FIRST to set down the sword and to embrace those with whom we disagree. Peace to you. "

 Matt Poulsen wrote on February 11, 2008 3:35 pm:
" Oh please. Can we please come up with another source besides the Bible to argue for or against the death penalty?? You can use the Bible to argue either position. If you don't realize this fact then you are entirely ignorant of the dual nature of Christianity (and the Bible) and have no business invoking it to support your position. The issue of the death penalty should be discussed from a secular moral perspective. "

 Sooo let me get this straight wrote on February 11, 2008 4:07 pm:
" Even though a criminal raped my sister then viciously killed her, he should continue to live and be given a second chance because God says so? Well if that is the way God thinks and acts then I want nothing to do with him. Why would God take someone from this world like that in the first place? So when it happens religious nuts can quote the bible? No thanks, I want to see him killed. Would all of you quoting the bible be able to say these things to someone who killed someone you cared sooo much about and not want to make sure they pay for their crime? Instead they will sit in a jail cell killing other inmates, good reasoning! Why don't you do a study on how many inmates kill or attempt to kill other inmates once they are sentenced for murder. "

 t wrote on February 11, 2008 4:17 pm:
" I find it interesting that you state that our brothers and sisters in the middle east should have turned the other cheek and not responded with an eye for an eye, so that the fighting could have been over long ago. Wouldn't it have made more sense, and been more in line with christian methodology, has we simply not started the war in the first place? Weren't we responding with an eye for an eye? And not even going after the right people?? "

 Walk in their shoes wrote on February 11, 2008 7:17 pm:
" Personally, I'm against the death penalty. On the flip & practical side, I don't want prisoners taking up my tax dollars with life in prison either. I haven't come up with a satisfactory solution yet on how to combine these views. Maybe I can't. In the mean time, I have to admit to being human enough where if I had a violent crime committed against a family member or friend that I'd want the perpetrator dead. I could understand where these severe crimes have happened to people & where they'd want the perpetrator's blood for justice. I don't think that I could be noble enough to forgive & forget or to turn the other cheek if something that severe happened to me. "

 whatever wrote on February 11, 2008 9:57 pm:
" It costs more money to sentence someone to death than life imprisonment. The long delays between a death sentence and the act being carried out will NEVER go away. Besides the death penalty is just plain wrong. We don't live in a country of equal justice because we as Americans don't have equal bank accounts, equal access to proper legal representation or equal political connections. The crap they taught you in school simply isn't true about American Justice, but the ideal of American Justice is worthy and something to strive for. In the meantime let's all live in the real world. Study the application of the death penalty and you will be appalled at the unequal application of the sentence. "

 Eric wrote on February 12, 2008 12:43 am:
" This will always be a tough argument. I've worked in the prison system before, and its not that bad. In nebraska, they get cable TV. So if you kill one person in cold blood maybe thats not bad enough for the death penalty. What about Timothy McVeigh? Should he have lived for killing 168 people and being proud of it? I suppose that was a vengeance killing, not a justice killing right? When is it justice? 1, 10, 100, 1,000, 1,000,000,000 people? Yes, the death penalty has too often been used in the past; however, it has its place for some people who deserve a quicker trip to hell. Its not nearly as much about cost as it is principle. The bible teaches also not to concern ourselves as much with our earthly lives as they are insignificant when compared to our lives in heaven. While it is terrible that anyone would be put to death by mistake, if you believe, then those folks hopefully got a much quicker trip to heaven. "

 Jen wrote on February 12, 2008 7:00 am:
" Answer me this: how can the death penalty be considered "vengeance killing?" The criminals are sentenced by a jury of their peers, people who are totally unrelated to ANYONE working on the case. If the families of the victims were choosing punishment, then I would agree that it is out of vengeance. Can we please drop that silly myth now? "

 LLM wrote on February 12, 2008 11:20 am:
" Sorry Peb - this is NOT a Christian nation. You have a right to your Christian beliefs. Those beliefs should not be the determining factor in legislation. "

 Realist wrote on February 12, 2008 12:12 pm:
" The death penalty is all about societal vengeance, not case by case vengeance. Referring to a jury of peers is not an authentic comparison, because the vengeance is institutionalized and systemic. As a society, we keep capital punishment as the ultimate way to get back at the criminal. It economically smarter to incarcerate them for life then to kill them. Plus, my personal wickedness comes out now, death is not the worse thing that can happen to these animals. Let them waste away knowing that they will NEVER get to see the light of day again. I would be all for having them stay in their cell without any contact with people except one visitor, a minister, for 15 minutes each week. No TV. No family contact. No books (maybe a religious one). No entertainment. Just time to think. I mean, once they're dead, their suffering is over. This way they can have time to think about what they did for the rest of their lives. Seems fitting since they made others suffer. "

 pro-lifer wrote on February 12, 2008 12:27 pm:
" How can the death penalty be considered "vengeance killing?" Answer: Proponents of the death penalty will not accept non-violent punishment as an alternative. Society that choose the death penalty, such as Saudia Arabia, choose revenge, not just the family of the victim. That is why it is so wrong. Support of the death penalty shows the corruption in societal values.
As far as the Christian element goes, any good Christian knows that any person can choose to ask God for forgiveness of all of their sins and join him in Heaven, anyone. This is why Jesus died. I think any punishment ought to allow the killer to operate on God's timeline of forgiveness, not human-imposed timetables and execution dates. "

 mitchy_v wrote on February 12, 2008 3:22 pm:
" Their victims didn't get to die according to Gods timeline, so why should these killers deserve to wait it out in jail for the rest of their lives. This is all based on the State and US governments, which were not based on Christian beliefs so quotes from the bible do not apply. "

 Big Chief wrote on April 15, 2008 8:37 pm:
" My only concern about the Death Penalty is the chance that
an innocent person might be convicted and put to death.
Maybe it is time we change the system a bit without totally
eliminating the Death Penalty. Instead we should let the
condemned choose either Life With No Parole or the Death
Penalty if he should decide he wants it.

The big change would be the living conditions of the Life
With No Parole sentence. Under the system I suggest there
would be absolutely ZERO privileges. No CONTACT with others,
NO TV, NO RADIO, NO READING (with the exception of religious
or legal documents), NO VISITS, NO MAIL and the meals would
be what is called NutraLoaf. For those not familiar with the
term Nutra Loaf is a mixture that contains all the nutrients
for proper health but tastes like old socks. Showers in
their own cell. No coffee, tea and nothing but lukewarm
water.
Locked up 24/7 with no outside activity.

An innocent person would still have the hope of being
exonerated. Any condemned person that is truly guilty of his
crime could ask to be executed within 24 hours.

Not only would I like to see this applied to Death Row but
ALL inmates should live under conditions like this (level
one)for their first 60 days of incarceration. After 60 days
of good behavior they would be allowed to move up one level.
Any write ups or misbehavior lowers their custody level back
to Level One. Inmates that behave would be reviewed every 60
days and if there are no infractions they could move up
another level where more privileges would be offered. At the
highest levels I would even think that conjugal visits and
other PRIVILEGES would be allowed.

A system like this would be more of a deterrent than the
Death Penalty alone. By applying this system to all crimes
the over all deterrent to commit a crime of any type would
be great.

Career criminals would definitely reconsider looking for a
real job when faced with a life under these conditions.


"

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