Louis Gaskin Executed

Over thirty years ago, Louis Gaskin murdered two people and tried to murder more. It appears he was at least somewhat influenced by mental illness. The jury split 8-4 regarding the death penalty (in Florida), even given horrifying facts. But, unanimity is not required.  I might be somewhat supportive if the split was 11-1 or something, but a third of the jurors dissenting seems a tad much. 

The Supreme Court in recent years has held that unanimity is necessary to convict people (nearly every state by that time already agreed). Personally, I think the extra level of guilt necessary to execute warrants the same rule.

The Supreme Court has not been so supportive, ignoring multiple petitions involving the matter. It never held that a jury was necessary for sentencing (if specific facts are required so that it is in effect a separate crime, a jury does have to convict: Ring v. Arizona). Gorsuch has been pro-death penalty.

They turned down Gaskin's final petition without comment. Gaskin's lawyers focused on the divided jury, arguing current societal standards oppose this, adding a bit more about the evidence they argue was not properly considered. Nothing really new. But, I still think the continual silence from liberals in these final execution orders is problematic.

Justice Breyer had a special concurrence in Ring v. Arizona, arguing a jury was particularly required as representatives of the community handed down a death sentence. He also repeatedly spoke against executing people on death row for decades.

(One example here would be his dissent in Glossip v. Gross. Richard Glossip still lives with the latest being the state attorney general supporting overturning his conviction. In prison for over twenty-five years, even if his conviction was not so tainted, I think he has served enough time. Breyer's dissent holds up.)

The public welfare value of executing Gaskin at this point continues to escape me. He was executed.