A recent court decision in the Nebraska Supreme Court has essentially banned the practice of capital punishment within the state. The court has declared the electric chair to be unconstitutional. The court’s decision rules that the electric chair is a form of torture and thus has no place in the modern legal system. This decision, for all practice purposes, bans putting convicted criminals to death in Nebraska. The only, or only formerly legal method to carry out the sentence of death in the state was via the electric chair. Now that is no longer the case. So, will the state legislature fully eliminate the death sentence from the books? It is possible – but it will be a bumpy road.

Last year a measure to eliminate the death penalty was defeated by only one legislative vote. The bill, created by State Sen. Ernie Chambers would have specifically alloted only two legal sentences for first-degree murder offenses; “life in prison or life in prison without the possibility of parole”. The bill has been reintroduced as LB1063 and given the circumstances has no reason to fail again. However, even if the bill passes the unicameral, Nebraska State Governor Dave Heineman plans to veto the bill; requiring a legislative override with a super majority. Recent measurements show that;

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. (Journal Star)

With the majority of the state favoring the legislation is it wise for the governor to disapprove? Of course not. Recent scientific advances through DNA testing and other investigative means have lead to the freeing of many innocent individuals siting on death row. In fact evidence has even cleared the names of many who were already killed through the death penalty; innocent lives lost through a faulty justice system. Is this margin of error acceptable? Is any margin of error acceptable? Should murder by the state ‘right’ another murder? Absolutely not! Beyond the high risk to faulty decision making we should also consider that the death penalty shows no evidence of being a deterrent from violent crime. The punishment does not truly punish, it does not deter and it does not provide true justice. What does it do for society? Nothing. It should simply not exist. Death is not the responsibility of the state; period.

Gov. Heineman has no reason to veto a bill that would fix a flaw in the American justice system. The legislature in Nebraska, and the governor alike must take this opportunity to correct the mistake that is the death penalty. Not simply because it is torture, not because specific approaches are inhumane, for there is no humane way to kill someone – but because life is an essential individual right. The responsibility of government is to protect that right of each individual – not destroy it.

See also, my past posting on the Death Penalty and Human Rights

Lincoln Journal Star Editorial here.