Posted on 08/23/2016 9:41:45 AM PDT by CorporateStepsister
COLUMBUS, Ohio — A condemned Ohio killer who survived a 2009 botched execution is asking the U.S. Supreme Court to declare that a second attempt to put him to death would be unconstitutional.
Lawyers for death row inmate Romell Broom argue that giving the state prisons agency a second chance would amount to cruel and unusual punishment and double jeopardy.
A divided Ohio Supreme Court rejected Broom's arguments in March. Broom's attorneys appealed that ruling earlier this month to the U.S. Supreme Court and filed notice of that appeal on Monday with the state court.
The state stopped Broom's execution after two hours when executioners failed to find a usable vein following 18 attempts to insert needles.
(Excerpt) Read more at msn.com ...
Incorrect. Double jeopardy is a legal term with a very specific meaning that has nothing to do with punishment. It is only the prohibition against trying an accused person more than once. (Retrials following the declaration of a mistrial don’t violate double jeopardy because in such cases a trial has not been completed; this includes mistrials due to a hung jury).
Ohio PING!
Please let me know if you want on or off the ping list.
If a person survived a hanging, I believe they were pardoned. However, to equate not finding a vein with a botched hanging is ridiculous. If he survived the firing squad he wouldn’t be spared and is why the officer carried a pistol and finished the job with a head shot. Now if a person survived that a pardon may be in order.
Lemme see now, Double Jeopardy?
Hey, and if you didn’t succeed, we could always use the tried and true method of euphoric death via starvation and dehydration for several weeks. Nothing cruel or unusual about that method, or so I’ve heard.
I agree. Not that I have any sympathy with the perp, but Capital Punishment is a very serious matter and the State has a responsibility to carry if out both efficiently and humanely.
I agree with him ... the state should have only one shot (excuse the pun) at it. If the inmate survives ... life in prison. Anything else would be cruel and unusual IMO
The concept of double jeopardy extends to punishment because being tried twice for the same crime includes the jeopardy of being punished twice for the same crime.
The concept of double jeopardy extends to punishment because being tried twice for the same crime includes the jeopardy of being punished twice for the same crime.
A few needle pricks constitutes punisment for murder? Nice try.
I’m challenging your implication that the pain and suffering in the punishment inflicted upon him somehow doesn’t count as punishment.
Like I said, plenty others here agree with me. I have no particular objection to your opinion.
You miss the point. The principle is that whatever pain and suffering in the punishment inflicted upon him, whether small or great, was intended as punishment and counts as punishment.
The concept of double jeopardy extends to punishment because being tried twice for the same crime includes the jeopardy of being punished twice for the same crime.
Cruel and unusual?
As in what you did to Tryna?
You are so correct! It’s a euphoric death they say.
This should be immediately implemented in all death row prisons.
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