Ark. Supreme Court strikes down execution law

In this 1997 file photo a TV camera on the ceiling of a witness room is pointed toward the death chamber at Cummins Prison in Varner, Ark. / AP Photo/Danny Johnston

(AP) LITTLE ROCK, Ark. - The Arkansas Supreme Court has struck down the state's execution law, calling it unconstitutional.

In a split decision Friday, the high court sided with 10 death row inmates who argued that, under Arkansas' constitution, only the Legislature can set execution policy.

Legislators in 2009 voted to give that authority to the Department of Correction.

It wasn't immediately clear what the court's ruling will mean for the 40 inmates on death row in Arkansas.

The state hasn't put anyone to death since 2005, in part because of legal challenges like this one.

The court's decision comes after a death row inmate sued the head of the correction department in 2010. He and nine other inmates asked the court to strike the law down; the state wanted the court to uphold it.

[nojoy01]

H-m-m-m. Seems like a rehash of the 1930's SCOTUS decision re. the ability of the U.S. congress to delegate authority (to various government (executive office directed) agencies to make regulations "with the force of law" which decided that congress could do this EXCEPT for not knowning the exact wording of the Arkansas state constitution.

[Raptorsmasher]

by rightontarget June 22, 2012 1:46 PM EDT
Raptor, although I do think the justice system has to be more vigilent about NOT convicting innocent people, (a risk we can comtribute to zealous lawyers only concerned about getting the conviction and not about justice) still if I actually knew without a doubt that somebody was an actual killer I most certainally would NOT want my tax dollars supporting them for the rest of their life. Why feed them, clothe them and have them take up good breathing space while their victim is deprived of life? Not on my dime anyway.
_____________________________________________________________________
RightonTarget. So your premise is that you don't want your tax dollars supporting them for the rest of their life. I understand that, but the fact of the matter is that it takes far more money to execute a criminal than take care of that same ceriminal for the rest of their life. If it costs $60,000 a year to take care of a criminal, and they server 50 years, the tax cost is $3 million. It will cost at least 4 times that amout to execute the criminal.

[formerlyluvnut]

Another fine example of why it's called the "criminal" justice system! Once sentenced, they should be popped.

[formerlyluvnut]

This is why it's called the "criminal" JUSTICE system. Backwards & sad but that's the system.

[jetjohn]

That is "if they get life in prison!!!" A man in my hometown in Arkansas only got 19 years after killing 2 innocent people (he shot one twice) and will be up for parole in only 5 years!!! I'm with Achimaatz! The forgotten innocent blood of victims cries from the ground. Does anyone care about them???? They can't speak for themselves!!!

[ahrats]

Arkansas get ready to build more prisons for all the violet crimnals you can no longer put to death. GOOD LUCK

[bigmanfrommaine]

Arkansas has put 27 people to death since 1976. Not exactly a title wave, bub.

[pwgrant]

The risk (and history) of putting an innocent (of the crime for which he/she is being executed) to death is too great. There have been cases where death row inmates have irrefutably exonerated. History is also re-pleat with cases where the wrong person was executed (need a source, go find one; try "Let Me Google That For You".) Even one of this countries founding fathers spoke of this: (in summary) he would rather a guilty go free than an innocent punished.

[sharp_stick]

^Achimaatz No, the innocent blood was spilled long ago you emo loser.

[butterman-b]

more legal BS at taxpayers expense and the lawyers love it. Can you spell Job security?

[Achimaatz]

Meanwhile, the innocent blood of the forgotten victims cries from the ground.

[Raptorsmasher]

What is accomplished by killing the killer? The dead are already dead. Life in prison is far more hellish the death.

[rightontarget]

Raptor, although I do think the justice system has to be more vigilent about NOT convicting innocent people, (a risk we can comtribute to zealous lawyers only concerned about getting the conviction and not about justice) still if I actually knew without a doubt that somebody was an actual killer I most certainally would NOT want my tax dollars supporting them for the rest of their life. Why feed them, clothe them and have them take up good breathing space while their victim is deprived of life? Not on my dime anyway.