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Thursday, September 01, 2005

Ind. Courts - More on Gov. Daniels' commutation of Baird's death sentence

Updating Tuesday's ILB entry is this piece today by the Indianapolis Star's Kevin Corcoran, whose story begins:

Convicted killer Arthur P. Baird II's life was spared this week based on "unusual, probably unique" circumstances, according to Gov. Mitch Daniels.

But his act of mercy illustrates how governors can fill gaps in the law that permit the execution of people with severe mental illnesses, state and local experts say.

The U.S. Supreme Court has outlawed the execution of minors and mentally retarded killers. But the nation's high court has not directly addressed whether severely mentally ill inmates can be put to death.

Defense lawyers across the country are hoping the court will craft a standard for mental illness. Until then, they must appeal to the nation's governors.

"Commutation is meant for when the law hasn't caught up with society," said Richard Dieter, executive director of the Death Penalty Information Center, a Washington nonprofit that provides research on capital punishment.

Posted by Marcia Oddi on September 1, 2005 08:00 AM
Posted to Indiana Courts