Two More Executions

Joseph Corcoran

Indiana last executed someone fifteen years ago. They will still, arguably not have involuntarily executed anyone since 2009. Corcoran decided to end appeals. He was a "volunteer." He was (now) given the right to have a spiritual counselor present 

Corcoran murdered four people, including his brother in 1999 because he thought they were talking badly about him. Twenty-five years lag time raises Glossip (Breyer) problems. There was evidence of mental incompetence. His lawyers, opposing his execution, argue that it warrants not fulfilling his wish.  

His mental status raises questions about the voluntariness of his decision. I am less enthused about a complete denial of anybody having the right to turn down appeals. The essay's "natural rights" argument is too extreme. What about euthanasia? 

Gary Gilmore shows the importance of some minimal appeals process to protect the integrity of the system. Justice White, who granted the constitutionality of the death penalty, dissented on that ground. But, this is not always a problem. Some appeals have run the course.

A person on death row is not a free agent. Still, people who make decisions often are choosing between bad options. It is rational not to want to live one's life, often in isolation, in a tiny cage for decades on end. The death penalty overall is wrong. If we are stuck with the wrong things, there is a right to choose them.  

Another concern is keeping the press away. The press provides an important function to inform the public and check the government. This provides justification for a right of access, which is standard practice. 

The lack of independent witnesses is problematic. Chris Geidner has more, including notice that a reporter did witness the execution because the murderer put him on his witness list. 

The prosecutor now has second thoughts about applying the death penalty in his case. A family member also opposes his execution. It is likely that the family of the victims, like mine, would have different views. We cannot simply appeal to the victims. 

A final Supreme Court appeal was rejected without comment. The lower court (see Geidner) split 2-1. Liberal justices (Sotomayor or Jackson) have chosen to pick limited spots to dissent or provide statements in capital cases. This was a good time to do so.  

Corcoran was executed shortly after midnight. The sole media witness provided an account.  As Chris Geidner notes, the execution procedure started shortly after midnight, but it is unclear when the drugs began to flow. The reporter only had a view inside of the death chamber shortly after 12:30 AM. 

It is ridiculous to allow a media witness and not even provide a full view of the execution. 

Kevin Ray Underwood

Underwood brutally murdered a ten-year-old girl. The facts suggest the sort of "monster" that people might want off the face of this earth. The murder took place over 18 years ago. The trial was closer to fifteen. 

A mental health claim failed. The execution was delayed a year when the attorney general asked for executions to be spaced out more. No clemency. 

The Supreme Court the morning of the scheduled execution finalized things by rejecting a petition based on the clemency procedure. The usual five-person board now was a three-person board.  No comment. 

The case is likely much weaker than the first case but still would like at least a brief discussion before someone's life is taken. I think a life warrants that. 

The final execution of the year brings us back to those cases that are more about a pure concern about the death penalty. An amoral (the crime was a result of some twisted fantasy) person does something that violates basic human decency. What do we do?

An execution remains a dubious approach. The system as a whole is a problem. If you allow it here, more troublesome (like the first case) will be allowed too. 

Confinement is not an ideal solution but appears to be the best available. The execution of a few of the "worse of the worst," granting that is okay for "the worst act of your life," is an arbitrary lottery.  

And, that (number 25) is the last execution of 2024. On the guy's birthday yet. Oh well.