State senator seeks input on death penalty

The Legislature has started all-day debate on priority bills. One of the priority bills that may come up for debate again this session, is Legislative Bill 543, introduced by Sen. Chambers.

LB543, would repeal the death penalty in Nebraska and replace it with life without parole.

It would be wrong if I did not tell you that from my point of view there seems to be a wind of change blowing in the Legislature, regarding the death penalty in Nebraska. That is why I am asking for your feedback to find out where District 44 stands on the issue. The District has been strongly been in favor of keeping it in the past, but I would like to know if there have been any changes.

Many people are taking a practical approach to the issue, looking at how much it costs to litigate a death penalty case, how long it takes from sentencing to execution, the difficulty for the state to obtain the drugs for our method of lethal injection, and the last time we actually executed someone in Nebraska (1994), and concluding it is time to repeal.

Others say that our system that determines eligibility for the death penalty is so broken, and the disparity between the penalties people receive who commit similar types of murders is so wide that the system no longer delivers true justice. Of all the arguments this one to me is the most valid. Justice should be fair, consistent, and swift.

I am not a legal expert by any means, but I do believe we have potential options to improve the system, if we desire.

One of the ideas would be to move away from a system that I believe subjectively "weighs" a list of aggravating circumstances against a

list of mitigating circumstances, and move to a system where any murder of the first degree in which there are two or more witnesses, incontrovertible DNA evidence, or a non-coerced confession would be eligible for a death sentence. Or, even requiring two of those three standards to exist to get the death penalty could provide a more fair and certain application of the law.

The length of time for justice to be given out could also be addressed, along with another method of execution if the drugs used in the method of lethal injection are unavailable.

Appeals are essential to arriving at justice through fair due process. But, unending appeals that last 20 years or more are not effective or just.

Other methods of execution that states have available to use are the firing squad, gas chamber, and hanging. One or more could be used as a back up to lethal injection in Nebraska when the necessary drugs are not available.

The bottom line is, that if those who believe there should be a death penalty for certain crimes in Nebraska do not find ways to fix some of the problems we have in the system, the death penalty may just get repealed.

I would appreciate feedback from anyone in District 44 on some of the ideas for changes or the death penalty as a whole. Let me know your thoughts by contacting my office. Mark R. Christensen, PO Box 94604, Lincoln, NE 68509. 402-471-2805 or mchristensen@leg.ne.gov