Tuesday, November 6, 2007

No need to rush back to executions




South Florida Sun-Sentinel Editorial Board

November 6, 2007

ISSUE: State high court says executions OK.

Just because the Florida Supreme Court has ruled that the state's lethal injection procedures in capital cases don't constitute cruel and unusual punishment, there is no need to rush into the next execution, which is scheduled next week.

In fact, now is the proper time to call a halt to scheduled executions in Florida until the U.S. Supreme Court has its say on the matter. The high court has allowed only one execution to be carried out — and halted several others — since agreeing to hear a Kentucky case that raised the cruel and unusual punishment issue. The justices will hear the Kentucky case early next year, and a decision is expected by summer.

Until then, there should be no rush for Florida to execute anybody.

After a botched execution last December, Florida suspended executions and made some procedural changes, including improved staffing and training.

Whether or not needless suffering is involved remains an unanswered question. The U.S. Supreme Court is expected to take up that part of the death penalty issue, and because almost all of the 38 states with the death penalty use lethal injection, the case and the issues involved will have considerable interest.

But there shouldn't be any attempt, or need, to get a jump on the Supreme Court. Mark Dean Schwab, convicted for the 1991 rape and murder of an 11-year-old girl, is set to be executed in Florida on Nov. 15. He's been on Death Row a long time and can remain there another few months until the U.S. Supreme Court weighs in on the issue.

BOTTOM LINE: Florida should wait on the U.S. Supreme Court.

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