Tuesday 9 January 2007

We need humane ways to conduct executions


We need humane ways to conduct executions

but when it comes to capital punishment in California, how far have we advanced? At least, we've done away with hangings and firing squads. But given the growth and evolution of available technology, our state has much farther to travel.

Apparently, we're not alone in thinking this way. Lethal injection has been this state's — indeed our nation's — choice for executions. But U.S. District Judge Jeremy Fogel late last year put his foot down on the system and halted all executions in California. He gave the state 30 days to come up with an alternative plan.

Fogel said a "deeply disturbing," and "pervasive lack of professionalism" plagues our system to the point where it crosses the line of cruel and unusual punishment.

The San Jose-based judge proclaimed this "an important opportunity for executive leadership." Gov. Arnold Schwarzenegger took the cue and ordered state officials to comply with the judge's ruling. But did he really have any choice?

Procedures for execution in this state had been ignored. Now we're finally taking a closer look, and what we're seeing isn't a pretty picture. Fogel saw numerous problems, including poor screening of executioners; inadequate training and oversight of execution team members; sloppy handling of the drug cocktails used in executions; unreliable execution records; an improper mixing of the three drugs used; and an antiquated, cramped death chamber designed as a gas chamber,

not for lethal injections.

The judge's ruling came on the same day that Gov. Jeb Bush of Florida halted lethal injections after one execution took 34 minutes — twice as long as it was supposed to — because the first dose was wrongly administered.

California officials have insisted the state's lethal injection procedure is constitutional, and for years death penalty advocates went along with this, as long as those who committed the worst crimes paid the ultimate price.

But, early last year a legal challenge from death row inmate Michael Morales made us take a hard look at our execution procedures. Morales was found guilty of the rape and murder of a 17-year-old Lodi girl in 1981. Last February, he was granted a reprieve while the judge and state considered the lethal injection issue.

Perhaps it's a stalling tactic, but John Grele, one of Morales' attorneys, said, "The importance of the decision is to look at these issues thoughtfully and carefully." That is sound advice.

If we are to maintain the death penalty in California — there are 650 death row inmates — we must make a thorough examination of our procedure. It's time we build an execution facility that meets federal standards, adequately train those who perform executions and ensure that our method doesn't constitute cruel and unusual punishment.

Schwarzenegger ordered his administration to consult with "the best experts in other states." That's a good start. We can utilize science and technology to help find a humane means of executions.

This is the 21st century. Let's not lower ourselves to the level of these convicted criminals. The state should strive to find the right answer. To be honest, public hangings and firing squads aren't very appealing.

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