Post by Anja on Jun 22, 2006 18:05:00 GMT -5
Delay doesn't mean Kaine is 'soft' on death penalty
One hour before the recently scheduled execution of Percy Levar Walton for
murdering 3 people, Gov. Tim Kaine delayed Walton's execution for 6 months
to ascertain "whether his mental capacity imposes a ban to his execution."
The U.S. Constitution prohibits executing someone who is mentally
incompetent, and the U.S. Supreme Court's Ford v. Wainwright case requires
that a defendant convicted for murder "must have sufficient mental
capacity to understand the punishment he is about to suffer and why he is
to suffer it."
Before leaping to the unsubstantiated conclusion that Kaine is "soft" on
the death penalty, as some politicians quickly did, it is important to
understand exactly what the governor did and did not do on Thursday
evening.
One critic blamed Kaine for waiting until the last minute because the
commonwealth had scheduled the execution of Walton for months. However,
the governor appropriately waited until Walton's attorneys had exhausted
all appeals to the federal courts.
Only after the U.S. Supreme Court had denied Walton's final appeal at 7:22
p.m. did Kaine exercise his authority to suspend the execution for a
half-year to ascertain Walton's mental capacity. This fact-finding
exercise will guarantee compliance with the constitutional mandate
governing execution.
Kaine stated that he would cooperate with Attorney General Robert
McDonnell, who represents the state in this case to develop a fair
fact-finding process.
Other critics have asserted that Kaine's action shows that he is soft on
capital punishment.
However, the governor issued a statement which clearly observed that
Walton killed "3 innocent people in their homes where people should feel
most secure from acts of violence," admitted committing "these horrific
crimes and, after pleading guilty, was sentenced to death."
Given these crimes' nature, Kaine stated that he had "no reason to
question the prosecutor's decision to seek the death penalty or the
judge's decision" to impose it.
Equally important is what the governor did not do. Kaine did not usurp the
federal courts' authority.
Indeed, the governor undertook the opposite approach by letting Walton's
appeals run their course. Kaine also did not grant clemency by, for
example, reducing Walton's death penalty sentence to life imprisonment.
The governor only suspended Walton's execution for six months to determine
whether he can be executed consistent with the Constitution. 6 of 13
active 4th U.S. Circuit Court of Appeal judges, including Chief Judge
William Wilkins, who heard Walton's latest appeal believed that the
determination regarding Walton's mental competency had not been properly
completed and would have remanded the case to the district judge for that
determination.
This was a very close and sharply divided decision of the appellate court.
Kaine also suggested that the 4th Circuit had not considered evidence of
Walton's mental state since 2003 and that later evidence might show his
condition had deteriorated.
Governor Kaine correctly delayed Walton's execution until appropriate
procedural fact-finding guarantees that the Supreme Court mandate
regarding mental competence has been satisfied.
The governor has displayed fidelity to the Constitution and fulfilled his
duty to comply with Supreme Court requirements before the commonwealth
imposes the ultimate sanction on a convicted defendant.
(source: Editorial, Roanoke Times - Caro Tobias is the Williams Professor
at the University of Richmond School of Law)
One hour before the recently scheduled execution of Percy Levar Walton for
murdering 3 people, Gov. Tim Kaine delayed Walton's execution for 6 months
to ascertain "whether his mental capacity imposes a ban to his execution."
The U.S. Constitution prohibits executing someone who is mentally
incompetent, and the U.S. Supreme Court's Ford v. Wainwright case requires
that a defendant convicted for murder "must have sufficient mental
capacity to understand the punishment he is about to suffer and why he is
to suffer it."
Before leaping to the unsubstantiated conclusion that Kaine is "soft" on
the death penalty, as some politicians quickly did, it is important to
understand exactly what the governor did and did not do on Thursday
evening.
One critic blamed Kaine for waiting until the last minute because the
commonwealth had scheduled the execution of Walton for months. However,
the governor appropriately waited until Walton's attorneys had exhausted
all appeals to the federal courts.
Only after the U.S. Supreme Court had denied Walton's final appeal at 7:22
p.m. did Kaine exercise his authority to suspend the execution for a
half-year to ascertain Walton's mental capacity. This fact-finding
exercise will guarantee compliance with the constitutional mandate
governing execution.
Kaine stated that he would cooperate with Attorney General Robert
McDonnell, who represents the state in this case to develop a fair
fact-finding process.
Other critics have asserted that Kaine's action shows that he is soft on
capital punishment.
However, the governor issued a statement which clearly observed that
Walton killed "3 innocent people in their homes where people should feel
most secure from acts of violence," admitted committing "these horrific
crimes and, after pleading guilty, was sentenced to death."
Given these crimes' nature, Kaine stated that he had "no reason to
question the prosecutor's decision to seek the death penalty or the
judge's decision" to impose it.
Equally important is what the governor did not do. Kaine did not usurp the
federal courts' authority.
Indeed, the governor undertook the opposite approach by letting Walton's
appeals run their course. Kaine also did not grant clemency by, for
example, reducing Walton's death penalty sentence to life imprisonment.
The governor only suspended Walton's execution for six months to determine
whether he can be executed consistent with the Constitution. 6 of 13
active 4th U.S. Circuit Court of Appeal judges, including Chief Judge
William Wilkins, who heard Walton's latest appeal believed that the
determination regarding Walton's mental competency had not been properly
completed and would have remanded the case to the district judge for that
determination.
This was a very close and sharply divided decision of the appellate court.
Kaine also suggested that the 4th Circuit had not considered evidence of
Walton's mental state since 2003 and that later evidence might show his
condition had deteriorated.
Governor Kaine correctly delayed Walton's execution until appropriate
procedural fact-finding guarantees that the Supreme Court mandate
regarding mental competence has been satisfied.
The governor has displayed fidelity to the Constitution and fulfilled his
duty to comply with Supreme Court requirements before the commonwealth
imposes the ultimate sanction on a convicted defendant.
(source: Editorial, Roanoke Times - Caro Tobias is the Williams Professor
at the University of Richmond School of Law)