Kansas Supreme Court leaves capital
punishment supporters wrestling with response In their desire to see
the state's worst killers executed, prosecutors and legislators face a
complicated puzzle because of a Kansas Supreme Court ruling that struck
down the state's death penalty law. They hope the U.S. Supreme Court
will overturn the Kansas court and reinstate death sentences for a
handful of convicted murderers. Of course, there is no guarantee that
will happen. Otherwise, the longer legislators wait to rewrite the 1994
law, the longer Kansas remains without a valid death penalty - while
new crimes occur. But some prosecutors fear action this year by the
Legislature will lessen the chances of success with the U.S. Supreme
Court. There's no dilemma for opponents of capital punishment, who
believe public safety is protected adequately by the alternative
sentence of life in prison. However, a majority of legislators appear
to support the death penalty. In December, a 4-3 majority of the Kansas court
invalidated the death penalty law over a provision on how juries weigh
evidence for and against imposing a death sentence. The law says that
if the evidence is about equal, a jury must choose death. The court's
majority said that provision represented cruel and unusual punishment
and violated defendants' rights to due legal process. A tie, they said,
must be resolved in the defendant's favor. The decision, if it stands,
removes six men from death row. [more]
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