News & Commentary

Wednesday, September the 13th, marks the second execution to take its place in the State of Ohio following a three year rupture after Governor John Kasich launched a moratorium on executions, subsequent to the torturous effects of the lethal concoction of midazolam and hydromorphone used in the execution of Dennis McGuire on January 16th, 2014. McGuire‘s botched execution should be a caution to every state that takes on the role of ‘hangman’. and becomes responsible for inflicting unnecessary conditions surrounding the execution that violate the Eight Amendment. After all, McGuire’s execution was a clear sign of how inhumane and cruel capital punishment truly is.

The American Civil Liberties Union of Ohio supports a bipartisan bill which seeks to spare those with severe and persistent mental illness from facing execution in the state of Ohio. This bill came out of the Ohio Supreme Court Task Force, which recommends an end to this barbaric practice. Cruel and Unusual In 2002, the U.S. Supreme Court declared it unconstitutional to execute someone deemed mentally incompetent due to a diagnosed intellectual disability (formally referred to as mental retardation). This ruling paved the way for a 2005 U.S. Supreme Court decision that declared it unconstitutional to execute people who were minors at the time of their crime. Both decisions reflect an understanding of the Eight Amendment to the U.S. Constitution which prohibits cruel and unusual punishment. Just as with youth and those with a diagnosed intellectual disability, people with a severe and persistent mental illness lack the culpability required to receive a death penalty sentence. In other words, it is cruel and unusual punishment to put someone to death who does not or did not have the capacity to understand their crime or what their punishment means. Equal Protection for All Supporters of banning the execution of individuals with severe and persistent mental illness also cite the 14th Amendment to the U.S. Constitution, which promises “equal protection and due process” under the law. Individuals with severe and persistent mental illness are not receiving equal protection by the same bans that acknowledge diminished capacity and substantial impairment for individuals with intellectual disabilities. This right should apply to whomever experiences significant, diagnosed, diminished mental functioning as a result of any psychological disability.

Executions Since 2009
Dates Set by the Ohio Supreme Court.
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2016 - 11 scheduled executions