Kansas’ death penalty isn’t fatally flawed after all

As the U.S. Supreme Court narrowly upheld one Kansas death sentence Monday — of Wichitan Michael Marsh — it also made it possible for the will expressed by Kansas lawmakers in 1994 and the death sentences handed down by Kansas juries in seven other cases to be served. Whatever one thinks of capital punishment, it is a relief of sorts that the state doesn’t have to start over with its law — and that heinous killers such as the Carr brothers, John Robinson, Gavin Scott and Douglas Belt can get the punishment their juries accorded them. That said, the debate will continue about whether Kansas’ death penalty law — still unused after 12 years — is worth the cost and trouble. And this judgment doesn’t do much to shore up the uncertain credibility of Kansas’ highest court. Meanwhile, the 5-4 decision and sharply worded dissenting opinions show the depth of the divide on the nation’s highest court.
Posted by Rhonda Holman

28 Comments

  1. Posted June 26, 2006 at 12:29 pm | Permalink

    Personally, I do not see the death penalty as an effective deterent to crime. So I come out against it as a punishment. Way to much expense when you could lock them up in some hell-hole instead.

  2. Joe Blow
    Posted June 26, 2006 at 12:29 pm | Permalink

    Hold it. Wait! I thought the Kansas Supreme Court was infallible? How can this be? They were wrong? But….

  3. raptor
    Posted June 26, 2006 at 12:39 pm | Permalink

    I don’t see this making much of a difference..there will be a few dozen more lawsuits, appeals, etc.

    The worst part of this whole thing is that Kline can now crow and brag about winning at the US Supreme Court..and you can bet there will be many, many references to this in his re-election campaign. Sadly, some people will fall for this “proof” of his “effectiveness”.

    Kinda wish it had gone the other way for that reason…

  4. gster
    Posted June 26, 2006 at 12:51 pm | Permalink

    Get a rope!!

  5. Ed Friedemann
    Posted June 26, 2006 at 1:40 pm | Permalink

    Who did you get to test it?

  6. gster
    Posted June 26, 2006 at 1:49 pm | Permalink

    The guy in the black hood said not to worry, he uses only the best, with no customer complaints whatsoever. .

  7. Julie
    Posted June 26, 2006 at 1:54 pm | Permalink

    Didn’t Florida residents do a voluntary brown-out when Ted Bundy was electrocuted just to make sure the prison had enough juice to do it right?

  8. Ed Friedemann
    Posted June 26, 2006 at 3:19 pm | Permalink

    Sick.

  9. Ian Santiago
    Posted June 26, 2006 at 3:38 pm | Permalink

    The death penalty is not meant to deter crime it is meant as revenge. The death penalty is safety valve of sorts and without it you would see a spike in vigilante justice.

    BTW, I prefer piano wire to rope, it’s more fun.

    Viva La Raza Blanco!!!

  10. Posted June 26, 2006 at 3:45 pm | Permalink

    How can we claim to be a civilized society when we still condone capital punishment?

  11. Joe Blow
    Posted June 26, 2006 at 4:56 pm | Permalink

    Where are all the libs? Thought Phill wasn’t a real lawyer? Has Morrison successfully argued a case before the Supreme Court? Nah, didn’t think so!!

  12. Posted June 26, 2006 at 5:09 pm | Permalink

    Kline isn’t a real lawyer. He spent tons of tax dollars hiring a tutor to teach him what to say in front of the Supreme Court. I am sure that the Justice Alito was not swayed by Kline’s presentation. Kline BARELY beat Chris Biggs in 2002. Morrison is going to so kick his ass in November. The real records of the candidates speak for themselves.

  13. Infernal B
    Posted June 26, 2006 at 5:58 pm | Permalink

    Oh goody, we get to kill someone!

  14. RD
    Posted June 26, 2006 at 6:18 pm | Permalink

    Inferal B, how’s that moustache?

  15. GaryC.
    Posted June 26, 2006 at 6:21 pm | Permalink

    I am for the death penalty, but I do belive that when a jury is tied during the sentencing phase that the human life should supercede the decision to put to death.

  16. gster
    Posted June 26, 2006 at 6:24 pm | Permalink

    I agree. I didn’t hear the rationale the SC used in arrriving at this decision.

  17. GaryC.
    Posted June 26, 2006 at 6:28 pm | Permalink

    Also.

    I was reading the Eagle today and read the list regarding Capital crimes. One of the capital crimes was “Murder for hire, and participation in a murder for hire.” Which is being alleged in the Chelsea Brooks case.

    Now if Im not mistaken wasnt a woman in Butler county convicted and sentecend just a couple weeks ago in a murder for hire scheme in which she only recieved less than ten years?

    Why is it different for the suspects in the Brooks case?

    Hate to play this, but the Black man, white girl punishment looks speculative right now.

  18. Damoon
    Posted June 26, 2006 at 7:50 pm | Permalink

    The woman who hired someone probably had her abusive husband bumped off. I knew a lady one time who shot and killed her husband after he got drunk, beat her, then gave her a gun and begged her to shoot him. She just did what he told her to do. She did prison time, but not much.There is a difference between that situation and some jerk killing a young girl because he’s scared of the consequences of getting her pregnant.I think in each case, you have to consider the circumstances. Life is not black and white (excuse the pun).I’m glad they upheld the death penalty, life in prison is too comfy for some, remember Richard Speck? Vermin like him and the Carr brothers don’t deserve to breathe.

  19. Infernal B
    Posted June 26, 2006 at 9:13 pm | Permalink

    RD, Ah-ha! you did get it.

  20. gster
    Posted June 26, 2006 at 9:40 pm | Permalink

    Ed: Regardng:”Who did you get to test it?”

    I think Phil Kline would be a good choice, he’s mostly deadweight anyway.

  21. sotheysaid
    Posted June 26, 2006 at 11:34 pm | Permalink

    Oh, no the Kansas Supreme Court made a mistake!! Either way the decision went the Kansas Supremes were not going to look good. Had the US Supremes gone the other way then the fact that the Carr brothers and others would not see the death penalty would have caused a lot of outrage. Now with the decision saying the law is constitutional you have to wonder about the politics of the Supreme Court.

    If you recall the Kansas Supreme Court had already ruled once on the death penalty and had said it was constitutional with the instructions to juries done a little different. Then it comes back to the Kansas Supreme Court with the judges currently on the bench and they say it is not constitutional.

    The only difference in the first opinion and the second was different judges on the court. So it makes it pretty clear that we have a court that is playing politics.

    I am glad that the US Supreme Court upheld the law. It would have been sad to see the Carr brothers not get the death penalty.

  22. Joe Blow
    Posted June 27, 2006 at 6:17 am | Permalink

    Eagle writes a long editorial on the case without even mentioning Phill Kline’s name. Strange. When the case was in doubt, his name was always mentioned. It’s this type of blatant political bias that drives conservatives nuts.

  23. sotheysaid
    Posted June 27, 2006 at 8:01 am | Permalink

    Now Joe you really did not expect the Eagle to be fair did you? It is probably time for the Eagle to start reporting to the Ethics Commission their contributions to certain candidates.

  24. Posted June 27, 2006 at 8:10 am | Permalink

    STS………….darn that pesky First Amendment that protects the “freedom of the press”!

    If only the media would get there news feeds from FAUX news. LOL

  25. Patriot
    Posted June 27, 2006 at 8:14 am | Permalink

    >>Eagle writes a long editorial on the case without even mentioning Phill Kline’s name. Strange. When the case was in doubt, his name was always mentioned.<<

    Well, Joe, did you expect balanced reporting at the Beagle? Really??

  26. Todd
    Posted June 27, 2006 at 8:49 am | Permalink

    Doug BeltReginald CarrJonathan CarrMichael Marsh

    Try not to leave skid marks on your way down, boys.

  27. GMC70
    Posted June 27, 2006 at 10:02 am | Permalink

    Having read all the decisions (majority, dissent, and concurring), the majority clearly got it right. The minority misses the point entirely.

    As I’ve written before, I’m not really a fan of CP for practical reasons. But this is the right legal, constitutional decision.

  28. Damoon
    Posted June 27, 2006 at 9:52 pm | Permalink

    Capital punishment seems practical enough for me, the only problem is that it takes too long to carry it out. The number of appeals should be limited, it’s disgraceful that someone sits on death row for 10 years or more waiting for their sentence to be carried out.The reason it costs so much is because of the time it takes for all the appeals. What a cash cow for the lawyers.How many murderers are released after a few years to murder again? How about incarcerated murderers that kill other prisoners? How can the death penalty NOT be a deterrent in cases like those? Maybe it won’t deter the murderer from killing the first time, but it would sure keep them from killing again.