ACLU of Kansas to challenge state’s death penalty

WICHITA, Kan. (KAKE) – The loss of life penalty in Kansas will go on trial right here in Wichita on Sunday. As arguments start, an ACLU lawsuit says the loss of life penalty violates the state’s structure. The ACLU is utilizing the State Supreme Courtroom’s ruling on abortion rights to get this listening to in courtroom.

“You might say okay sure, it is on the books right here within the state of Kansas. However the state of Kansas has not executed anybody since 1965. It has been over 60 years,” mentioned Dr. Russell Arben Fox, a Political Science professor at Mates College.

Because the state introduced the loss of life penalty again almost three many years in the past, Jurors have sentenced 15 males to loss of life. Of those, two died whereas interesting their instances and courts have overturned 4 others.

“Lots of people right here within the state of Kansas who say look, a civilized society merely can’t permit somebody who commits some of these murders and commits some of these heinous crimes to reside,” mentioned Fox.

The ACLU nonetheless is pointing to the State Supreme Courtroom’s ruling on abortion rights that used what’s referred to as the “strict scrutiny” normal of evaluation for legal guidelines that infringe on elementary rights. Saying that ought to apply to capital punishment. Which straight contradicts The Structure’s declaration that “life, liberty, and the pursuit of happiness” are “inalienable pure rights.”

Race additionally performs a job within the ACLU’s problem as seen within the case of Kyle Younger, an African American defendant in a 2020 double homicide at a Wichita lodge.

Whereas African Individuals make up about six % of Kansans, 30 % of these on loss of life row are black.

“So proper there there is a suggestion. There is perhaps some racism. That there is perhaps some real inequality in the way in which loss of life penalty choices are made,” mentioned Fox.

The struggle over the loss of life penalty in Kansas has continued through the years since its reinstatement. Each legislative session, a gaggle of lawmakers file a invoice to overturn capital punishment as a result of it is believed to not be cost-effective. There have additionally been makes an attempt to kick justices off the state supreme courtroom due to their loss of life penalty rulings in recent times.