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Friday, June 13, 2025

Four Executions

Uptick in Executions?

I have not seen a reference to a limited uptick of executions. Nineteen have occurred so far in 2025, with six scheduled this month. 

There were twenty-five in 2024. The six this month would give us that with half a year to go. We would still be relatively speaking talking a relatively small number. Still, that seems notable. 

Summary

Three of the executions scheduled this week were for murders that occurred before 1995. The fourth was "recent," with things happening in 2006. 

Newsweek summarizes. I will not provide as in-depth a discussion as I sometimes have with all the people involved. I am getting weary of it. 

Three of the executions clearly (if we use twenty years as a dividing line) raise lingering death problems. See here (Breyer's dissent) and here.  

Why is it taking so long? To address one execution (the co-defendant died on death row in 2023), cited by Newsweek:

Appeals have been filed over the years concerning attorney misconduct, criticism of DNA evidence found at the scene, and a letter from Hamilton claiming he was the one who shot Gayheart, but all were denied, according to The Florida Times-Union.

You also have this sort of thing, which is a last-minute thing the judges won't (with reason) take seriously. 

The South Carolina murderer claims mental illness mitigated his crimes. The prosecutor said he was "just plain evil."  Sounds a bit biblical.  Another also argues that someone else is more to blame. 

The Supreme Court dealt with final claims against the first two executions, as usual, without comment. As usual, I think someone should comment, even if briefly. Here is a summary of the first two executions.

If you want, you can click above to read the details, but let me just acknowledge, we have a bunch of horrible murders here. Sexual assault was involved in more than one. Someone murdered after escaping prison, where he was serving for a non-capital crime. 

The states: Florida (lethal injection), Alabama (nitrogen gas), Oklahoma (lethal injection), and South Carolina (chose lethal injection after reports of problems with the firing squad). Not that the state had a smooth time of it with either one. 

South Carolina, after another without comment rejection by the Supreme Court, was the fourth and last state to execute. The final challenge concerned the dangers of the state's execution methods and the secrecy that burdened obtaining information.

These are valid concerns, but the Supreme Court has not shown much concern about them. The lack of novelty helps explain the final rejection though does not erase the problems of judicial silence.  

Oklahoma 

The Oklahoma execution was thanks to Trump. The Biden Administration did not consent to a transfer as he served a life term for bank robbery and other crimes. Trump is more pro-execution, which he is using to promote his other policy goals. 

In addition to pursuing the death penalty where possible, the Attorney General shall, where consistent with applicable law, pursue Federal jurisdiction and seek the death penalty regardless of other factors for every federal capital crime involving (i) the murder of a law-enforcement officer; or (ii) a capital crime committed by an alien illegally present in this country.

I agree with this analysis that argues against this policy, particularly as "dangerous speech" against a specific group. There are various valid criteria when determining prosecutorial discretion. This is not one. 

The Oklahoma execution was held up in state court because one of the three votes against clemency came from someone who worked for the Tulsa County District Attorney’s Office when Hanson was being prosecuted. He argued he wasn't really involved. 

The paper-thin 3-2 vote against commutation is even more questionably the deciding factor when there is some reason to doubt the impartiality of the deciding vote. Death should not turn on such things. 

The court of appeals found that (1) the judge didn't have the power to hold up things, (2) it's moot since without that vote, it would have been 2-2, which wasn't enough anyway.  

SCOTUS also rejected a Hail Mary appeal without a comment. He was then executed

Final Thoughts 

Executions after thirty or more years also particularly bother me. The executions this week show that horrible crimes warrant long prison sentences. The death penalty is too problematic even here.  

See here for some discussion of how so-called tough-on-crime punishments often do not serve the interests of justice. I think the overall principles also apply to the death penalty. All four states went another way.

There are two more executions scheduled this month.  

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