Monday, May 15, 2023

Fixing Ohio's Death Penalty

Fixing Ohio's Death Penalty

sent 4/13/2023

To: Ohio's SENATE JUDICIARY COMMITTEE
House Criminal Justice Committee
SENATE COMMUNITY REVITALIZATION COMMITTEE
House Finance Subcommittee on Public Safety
Joint Correctional Institution Inspection Committee
 
cc: Ohio Crime Victim Justice Center
Parents of Murdered Children  (Central & Northwest Ohio & Greater Cincinnati Chapters)
Governor Mike DeWine, staff and cabinet
Lt. Governor John Husted
Attorney General Dave Yost
Ohio House and Senate
Ohio Prosecuting Attorneys Association
Ohio Association of Police Chiefs
Buckeye State Sheriffs’ Association
All Archdiocese/Diocese of Ohio
 
Editors & Reporters. Media in Ohio
Associated Press Society of Ohio
Press Club of Cleveland
more at bottom
 
Subject: Atty Gen. Yost: Fixing Ohio's Death Penalty
 
Re: AG Yost's Statement on Death Penalty Debate 3/28/2023
 
From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom
 
Preface
 
AG Yost "The bottom line: Ohio’s death penalty is a farce and a broken promise of justice – and it must be fixed." (Re).
 
Why hasn't it been fixed, prior?
 
TWO THINGS TO FIX OHIO'S DEATH PENALTY
 
1) Execution Methods
 
a) Easily Accessible Lethal Injection Drug
 
The main obstacle, here, is Ohio Gov. DeWine, who will not consider fentanyl, which is free, extremely effective, an easy constitutional pass, based upon SCOTUS rulings (see 1c), readily accessible, in police evidence rooms, with not all required for trial, with, only, tiny amounts and testing needed.
 
DeWine "fails day after day to deliver justice to victims and their families." (Re).
 
b) Make Corrections in charge of execution method, as a matter of procedure, so that they can direct the best constitutional method, for any given circumstance, without going through the legislature. They, already, direct how all other correction sentences are carried out.
 
c) SCOTUS has, never, found an execution method unconstitutional.
 
Nitrogen gas (1) and firing squad appear to be the least complicated. Nitrogen gas is painless, with no suffocation effect and no gas chamber needed (1).
 
The "botched" lethal injection rate is 1%, not 7% (2), if one fact checks/vets (2).
 
Include all three.
 
2)  Never Ending Appeals
 
a) Judges are the case managers, in charge of timing, making them the major problem (3).
 
b) The Fix:
       1) Since 1976, Virginia has executed 113 murderers, within 7 years of appeals, on average. How? Responsible protocols and responsible judges. If Virginia can do it, so can Ohio. Obvious.
 
2-3 years, on average, within each of the state supreme court, federal district court and federal circuit court, is a responsible, achievable goal. SCOTUS, rarely, hears these cases.
 
 c) Hearings: Have hearings in the Ohio legislature, with the specific judges, with other stakeholders, the survivors of the murder victims being the most important (4), to craft responsible and timely appeals.
 
In Closing
 
Ohio will make this complicated, if they don't want to fix it.
 
Ohio will make this both quick and responsible, if they want to fix it and show respect for both the survivors, as well as the jurors' decisions.
 
======
Fn
 
1) Nitrogen Gas; Flawless, peaceful, unrestricted method of execution
 
 
4)  Poll: Death Penalty
95-99% support by survivors of loved ones in capital murder cases
updated 9/29/2021
 
 ======
Addl. research,with sources, fact checking/vetting on the death penalty
 
The Death Penalty: Justice & Saving More Innocents
 
Students, Academics & Journalists: Death Penalty Research
======
 
Partial CV, Dudley Sharp
 
 
bcc: Ohioans to Stop Executions, Board of Directors & Rev. Dr. Jack Sullivan Jr.
Cincinnati NAACP
Law faculty, Law emeritus and visiting faculty, U of Akron, School of Law
Other Colleges and Universities
Ohio Justice and Policy Center
Swing State Strategies

YWCA Cincinnati


 4/13/2023

To: Ohio's SENATE JUDICIARY COMMITTEE, House Criminal Justice Committee, SENATE COMMUNITY REVITALIZATION COMMITTEE, House Finance Subcommittee on Public Safety,  Joint Correctional Institution Inspection Committee

cc: Ohio Crime Victim Justice Center
Parents of Murdered Children  (Central & Northwest Ohio & Greater Cincinnati Chapters)
Governor Mike DeWine, staff and cabinet
Lt. Governor John Husted
Attorney General Dave Yost
Ohio House and Senate
Ohio Prosecuting Attorneys Association
Ohio Association of Police Chiefs
Buckeye State Sheriffs’ Association
All Archdiocese/Diocese of Ohio
 
Editors & Reporters. Media in Ohio
Associated Press Society of Ohio
Press Club of Cleveland
more at bottom
 
Subject: Atty Gen. Yost: Fixing Ohio's Death Penalty
 
Re: AG Yost's Statement on Death Penalty Debate 3/28/2023
 
From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom
 
Preface
 
AG Yost "The bottom line: Ohio’s death penalty is a farce and a broken promise of justice – and it must be fixed." (Re).
 
Why hasn't it been fixed, prior?
 
TWO THINGS TO FIX OHIO'S DEATH PENALTY
 
1) Execution Methods
 
a) Easily Accessible Lethal Injection Drug
 
The main obstacle, here, is Ohio Gov. DeWine, who will not consider fentanyl, which is free, extremely effective, an easy constitutional pass, based upon SCOTUS rulings (see 1c), readily accessible, in police evidence rooms, with not all required for trial, with, only, tiny amounts and testing needed.
 
DeWine "fails day after day to deliver justice to victims and their families." (Re).
 
b) Make Corrections in charge of execution method, as a matter of procedure, so that they can direct the best constitutional method, for any given circumstance, without going through the legislature. They, already, direct how all other correction sentences are carried out.
 
c) SCOTUS has, never, found an execution method unconstitutional.
 
Nitrogen gas (1) and firing squad appear to be the least complicated. Nitrogen gas is painless, with no suffocation effect and no gas chamber needed (1).
 
The "botched" lethal injection rate is 1%, not 7% (2), if one fact checks/vets (2).
 
Include all three.
 
2)  Never Ending Appeals
 
a) Judges are the case managers, in charge of timing, making them the major problem (3).
 
b) The Fix:
       1) Since 1976, Virginia has executed 113 murderers, within 7 years of appeals, on average. How? Responsible protocols and responsible judges. If Virginia can do it, so can Ohio. Obvious.
 
2-3 years, on average, within each of the state supreme court, federal district court and federal circuit court, is a responsible, achievable goal. SCOTUS, rarely, hears these cases.
 
 c) Hearings: Have hearings in the Ohio legislature, with the specific judges, with other stakeholders, the survivors of the murder victims being the most important (4), to craft responsible and timely appeals.
 
In Closing
 
Ohio will make this complicated, if they don't want to fix t.
 
Ohio will make this both quick and responsible, if they want to fix it and show respect for both the survivors, as well as the jurors' decisions..
 
======
Fn
 
1) Nitrogen Gas; Flawless, peaceful, unrestricted method of execution
 

JUDGES AS JACKASSES: DEATH PENALTY

 
4)  Poll: Death Penalty
95-99% support by survivors of loved ones in capital murder cases
updated 9/29/2021
 
 ======
Addl. research,with sources, fact checking/vetting on the death penalty
 
The Death Penalty: Justice & Saving More Innocents
 
Students, Academics & Journalists: Death Penalty Research
======
 
Partial CV, Dudley Sharp
 
 
bcc: Ohioans to Stop Executions, Board of Directors & Rev. Dr. Jack Sullivan Jr.
Cincinnati NAACP
Law faculty, Law emeritus and visiting faculty, U of Akron, School of Law
Other Colleges and Universities
Ohio Justice and Policy Center
Swing State Strategies
YWCA Cincinnati