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Lawyer says Ohio killer's execution botched; took over 20 minutes for man to die

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zma1013

Member
The problem is that these sorts of crimes still occur in states where the death penalty is legal. I'm pretty sure I've read in the past that the death penalty doesn't actually do anything to deter these sorts of crimes, since the perpetrators are sociopaths.

Well sure, it may not deter crimes, but surely it stops them from murdering again once they are dead. Sociopath or not, they can't murder anymore if they're dead.
 

akira28

Member
I don't think the drugs stopped cognition. They stopped his body's ability to draw breath. He was probably fully conscious until near the end. But he is dead.


I think the story says the family forgave him and he has since repented and sought forgiveness through religion, which explains the whole "I'll see you when you get there" speech.

The company took the drugs off of the market after a change of heart in reference to the death penalty, I believe. The US doesn't have the right to make the chemical on their own, they used to have a stockpile..used that up, and then certain jurisdictions around the country made a stink over being forced to find an alternative. 'How dare those uppity cretins from the European Union refuse to sell us these drugs if we're going to use them to kill? We have our freedome, etc.'
 

DietRob

i've been begging for over 5 years.
In most cases, I have no doubt that it has no effect. Sociopaths are sociopaths. That's what it is. They will go on crazy rape/murder rampages no matter what and no punishment on earth will solve that. Only selective genetic reproduction could do that. But you know, we have decided that isn't humane. The clinically insane and sociopathic citizens should be left to breed at will, greater good be damned. So we are left with what we have.

In a few cases, where vaguely mentally stable people who have a moderately functioning thought process consider such actions, having absolute knowledge they would be tortured and killed or left to rot...well, as a sane person I'd rethink my actions if I were assured that would be the outcome. But perhaps I'm coming at this from the faulty perspective of the sane.

With thoughts like these I'm not sure our definition of 'sane' is the same.
 

jchap

Member
He died. Sounds like a success to me! They should have just fallen back to a firing squad. Faster, and proven with hundreds of thousands of cases.
 

Das Ace

Member
And marriages are supposed to last til the spouses die of old age, and pregnant newlyweds aren't supposed to be raped and murdered.


What happened there I wonder

Are you are seriously saying that the state should function on the same level as sociopaths?

Also people seriously talking about eugenics itt. I think I'm out boys.
 

FyreWulff

Member
Frankly, I'd have let her husband beat him until he was a crippled mess and then choose whether he should be executed or left to die on a road side, but it's not up to me.

You commit premeditated (non-self-defense/accident) murder, you get your shit fucked. Hard. Hell, air it unedited on national television. Would be a whole lot less murdering going on. Put an end to this shit quickly.



Personally? I don't know. I'm going on the information that is being presented. In cases where there is verifiable evidence (audio/visual) or confession, yup. In that case I'm operating under assumption. If his conviction was questionable I don't support the death penalty regardless.

"I don't know". What a strong foundation to base killing another human being on.

Also, evidence can be planted/faked and fake confessions can be forced.
 

someday

Banned
Why on Earth would you use untried experimental drugs for an execution? Did the old ones leave something to be desired?
The company that makes the usual drug is European and refused to sell the drug to the US if it was going to be used for executions. It's an important drug for surgeries though so the US had to agree to stop using it to kill.
Pretty sure the pregnant girl died with more pain and terror than he did.

No fucks given.

Don't start none won't be none.
I agree with the above two quotes. I just have no sympathy in this guy's case. The fact that he believes he will go to heaven (and according to a lot of Christianity he will) just made me even madder. Yes, it's petty but I can't help but imagine what that woman went through. And no, I don't really care if it's not a painless death for him.
You know that he did the crime for sure? Our justice system suddenly became perfect?

Are you fine with the thought that there is a reasonable chance they just forced medical personnel to kill an innocent man?
This is usually my concern with the death penalty but in his case, he had DNA evidence linking him to the crime and an eventual confession. He's guilty. And a POS since he lied about it and tried to tie his brother-in-law to the crime to help himself.
 

The Adder

Banned
In most cases, I have no doubt that it has no effect. Sociopaths are sociopaths. That's what it is. They will go on crazy rape/murder rampages no matter what and no punishment on earth will solve that. Only selective genetic reproduction could do that. But you know, we have decided that isn't humane. The clinically insane and sociopathic citizens should be left to breed at will, greater good be damned. So we are left with what we have.

In a few cases, where vaguely mentally stable people who have a moderately functioning thought process consider such actions, having absolute knowledge they would be tortured and killed or left to rot...well, as a sane person I'd rethink my actions if I were assured that would be the outcome. But perhaps I'm coming at this from the faulty perspective of the sane.

It's a good thing for generally everyone that you have no power.
 

SyNapSe

Member
I wonder if the brother-in-law he tried to pin it on had a smile on his face.

I don't think we should be going out of our way to make it unpleasant and they should look for a different approach next time.
 
I am against capital punishment for one reason alone: innocent people have and will continue to be put to death.

So I disagree with his sentence on principal. However, I find nothing "regrettable," nothing "appalling," and nothing "shameful" about event described in this article.

Outside of this:

Prison officials used intravenous doses of two drugs, the sedative midazolam and the painkiller hydromorphone, to put McGuire to death for the 1989 rape and fatal stabbing of a pregnant newlywed, Joy Stewart.

His death will not bring me to protest.
 

Demon Ice

Banned
I don't think the drugs stopped cognition. They stopped his body's ability to draw breath. He was probably fully conscious until near the end.
'

Interesting, where are you drawing that conclusion from?

Are you are seriously saying that the state should function on the same level as sociopaths?
.

I'm saying the whole "we're supposed to be better than that" line of thinking is astoundingly naive and also selfish, considering the person who posted it was not personally affected by the killer's actions.

You go up to somebody who lost a spouse to murder and see how they react to that kind of statement.
 

Zhengi

Member
This is beyond moronic.

Death penalty is not a deterrent. When the state uses the death penalty, it is showing the citizenry that violence is how we as a nation deal with our problems. When we send that message, murder increases.

But you're just going to keep believing in your barbaric notions. Go right ahead.

Ohio murder numbers since 1960.

In 1972, the United States Supreme Court declared the death penalty to be unconstitutional. The decision reduced the death sentences of 65 Ohio inmates to life in prison. Also in 1972, Death Row was moved to the newly opened Southern Ohio Correctional Facility (SOCF) at Lucasville.

In 1974, the Ohio General Assembly revised Ohio’s Death Penalty law, but the U.S. Supreme Court rejected the new law in 1978. As a result, 120 condemned prisoners, including four women, had their sentences commuted to life in prison.

After drafting a new law to reflect the strict criteria for the imposition of the death sentence, Ohio lawmakers enacted the current capital punishment statute, which took effect October 19, 1981. Leonard Jenkins of Cuyahoga County was the first to be sentenced under the current law. His sentence and the sentences of three other men and four women were later commuted to life by then Governor Richard Celeste during the last days of his tenure as governor in January 1991.

......

On February 19, 1999, inmate Wilford Berry, "The Volunteer", became the first inmate to be executed in Ohio since 1963. He voluntarily waived all of his appeals and selected lethal injection as the method of execution. To date, there have been eight inmate "volunteers" executed in the state of Ohio. Berry was serving a death sentence out of Cuyahoga County for the 1989 murder of Charles Mitroff.

http://drc.ohio.gov/Public/capital.htm

The number of murders in Ohio were a lot higher when the death penalty was not enforced with the numbers going to a high of 952 murders in 1974. Also, the number of murders seemed to hover around 800 per year in the 70s where there was no death penalty enforced and appear to be in the range of 550-650 murders per year in 1980s where no death penalties were enforced either.

The numbers remained pretty high into the early 1990s. The first execution did not happen until 1999, which coincides with an all time low for murders in Ohio at 397.

In the decade afterwards, the average number for murders in Ohio appear to float around 520 murders per year with the high being 590 murders in 2005.

Now I'm not saying that the death penalty reduces the number of murders, but what you're stating doesn't seem to be the case in Ohio. Do you have any research or articles that show your point?
 

Zebra

Member
When taken in a vacuum, without a question, of course not. In regards to innocents becoming unfairly jailed or executed, I would push for much higher standards/reformation of crime investigation, evidence keeping, etc to ensure 100% someone as being guilty, as opposed to getting rid of capital punishment.

Given that this is impossible for every case, is it not a moral imperative to then get rid of capital punishment?
 

syllogism

Member
In a few cases, where vaguely mentally stable people who have a moderately functioning thought process consider such actions, having absolute knowledge they would be tortured and killed or left to rot...well, as a sane person I'd rethink my actions if I were assured that would be the outcome. But perhaps I'm coming at this from the faulty perspective of the sane.
Even with the rational actor assumption you have to deal with the fact that the chance of being caught plays more important role in the cost-benefit analysis, in particular if we are talking about marginal deterrence (comparing changes in the level or form of punishment). Furthermore, it is their own subjective evaluation of the risk, which is generally much lower than the objective risk. Given that theory and empirical evidence indicate that harsher punishment does not achieve the stated policy goals, other considerations, such as how this proposed torture would reflect on the society as whole, should be given more weight.
 

Leunam

Member
In a few cases, where vaguely mentally stable people who have a moderately functioning thought process consider such actions, having absolute knowledge they would be tortured and killed or left to rot...well, as a sane person I'd rethink my actions if I were assured that would be the outcome. But perhaps I'm coming at this from the faulty perspective of the sane.

This is interesting to me as a fellow sane person, because what stops me from killing or harming someone isn't knowing what the outcome is, but the fact that I'm going to be killing or harming someone.
 
States that have capital punishment don't have lower muder rates than those without. Also US as a whole has highest murder rate in developed word and it's one of the few with capital punishment. It just doesn't work as an deterrent.

Now imagine these states getting rid of it, when even with it, there's this much shit going down. You might say it doesn't work, but what's to say it won't go even more to shit when consequences for murderers and rapists are basicaly just a go to jail card where you get food 2-3 times a day and a roof over your head.
 
I think the story says the family forgave him and he has since repented and sought forgiveness through religion, which explains the whole "I'll see you when you get there" speech.

Sometimes I imagine that when people do really despicable crimes, but find repentance through religion, they do get to Heaven. But then God or whoever is in front of the gates looks through the records and is like "well...you did some bad shit while you were down there, but you ended up finding religion. I guess we can place you over there in the back."
 

xenist

Member
Hey (vicarious) badasses!

Put on your Punisher jammies, put Death Wish on your TV, drink your milk and let grown ups discuss matters of life and death.
 

Takuan

Member
In most cases, I have no doubt that it has no effect. Sociopaths are sociopaths. That's what it is. They will go on crazy rape/murder rampages no matter what and no punishment on earth will solve that. Only selective genetic reproduction could do that. But you know, we have decided that isn't humane. The clinically insane and sociopathic citizens should be left to breed at will, greater good be damned. So we are left with what we have.

In a few cases, where vaguely mentally stable people who have a moderately functioning thought process consider such actions, having absolute knowledge they would be tortured and killed or left to rot...well, as a sane person I'd rethink my actions if I were assured that would be the outcome. But perhaps I'm coming at this from the faulty perspective of the sane.

Yeah, there's no predicting how someone who could perform these sorts of acts thinks. I don't think anyone with a respect/fear of the law could consider doing something that monstrous to another human.

This is interesting to me as a fellow sane person, because what stops me from killing or harming someone isn't knowing what the outcome is, but the fact that I'm going to be killing or harming someone.
It's a bit like deciding to believe in God just because you'd rather not burn in hell for an eternity, isn't it?
 
States that have capital punishment don't have lower muder rates than those without. Also US as a whole has highest murder rate in developed word and it's one of the few with capital punishment. It just doesn't work as an deterrent.

The US also has the highest incarceration rate in the world. More than 1% of the US adult population is imprisoned, despite record-low crime levels.

Well sure, it may not deter crimes, but surely it stops them from murdering again once they are dead. Sociopath or not, they can't murder anymore if they're dead.

Can't murder anyone if theyre locked in a room, either. What's your point?
 

The Adder

Banned
The number of murders in Ohio were a lot higher when the death penalty was not enforced with the numbers going to a high of 952 murders in 1974. Also, the number of murders seemed to hover around 800 per year in the 70s where there was no death penalty enforced and appear to be in the range of 550-650 murders per year in 1980s where no death penalties were enforced either.

Murder rates are down in general in the US from where they were at in the 70s and 80s.
 

akira28

Member

go on.

Interesting, where are you drawing that conclusion from?

Just looking at the effects of the drugs. One causes extreme pulmonary and circulatory depression in high doses (Hydromorphone), and the other (Midazolam) causes a whole host of issues, confusion, impaired motor functions, difficulty to stay awake. I don't think it's a certainty that he was unconscious and felt no pain.
 

TheGamer

Member
Did he just more or less say "cruel and unusual punishment is banned, but uh, let's do it anyway"?

"Cruel and Unusual Punishment" under the Eighth Amendment does not mean painful. It has to do with the method and amount that of the punishment. For example, if you denationalize someone for shoplifting a candy bar. The punishment has to fit the crime. It will be "cruel and unusual punishment" when it is so far from the normal sentencing. It all comes down to what society sees as decent and that the punishment fits the crime. It has nothing to do with the pain a person feels. The pain a person may feel when their citizenship has been taken away could be far worse than the pain of death.


I think it shouldn't be considered an option only for those cases where someone hasn't been proven guilty beyond a doubt.

To be guilty of a crime, you have to be found guilty beyond a reasonable doubt.
 

Bollocks

Member
Why are we experimenting if there are drugs we know do the job just fine?

Because the (European?) company who produces the drugs doesn't want them to be used in that way so they create artificial shortages/stop production forcing the US to come up with an alternative preferably homegrown.
At least that's what I read.
 
I think it should be removed as an option only for those cases where someone hasn't been proven guilty beyond a doubt.

No one is convicted unless convicted beyond doubt.

That is the point.

Because the (European?) company who produces the drugs doesn't want them to be used in that way so they create artificial shortages/stop production forcing the US to come up with an alternative preferably homegrown.
At least that's what I read.

The EU bans the exports of all materials used for torture. This includes drugs destined for lethal injections. It is not economical to produce these drugs in the US when they're only going to be bought for the purpose of state-sanctioned murder.
 

Cronox

Banned
So what arbitrary time period between murder and punishment would you say is appropriate for the death penalty? How many years do you think it took for the husband to stop remembering the anniversary of his wedding? His dead wife's birthday?

I'm only arguing that with the passing of time, your perspective changes. Many on GAF enjoy attempting to place themselves in the shoes of others, but forgot this point. The murderer even sent a letter to the family, and may have been in contact with them before that also.
 
Hey (vicarious) badasses!

Put on your Punisher jammies, put Death Wish on your TV, drink your milk and let grown ups discuss matters of life and death.

Everyone knows the grown-up thing to do is drive-by snark post! Come on man, there's a world of difference between having no compassion for someone who's committed such a heinous crime, and internet e-thugging.
 

FyreWulff

Member
Reading the OP is hard I guess. Also, gasping for air can be entirely involuntary. There's no reason to assume he felt any pain.

DNA evidence isn't the magic sword it's made out to be.

In 2001 Kathryn Troyer ran a test of Arizona's DNA database of felons and discovered two felons with DNA profiles where 9 of 13 markers were identical, despite the fact that one was white and one was black, and later discovered dozens of other similar matches, yet the FBI estimates the odds of some one sharing those genetic markers to be 1 in 113 billion. The fact that only 13 markers are used out of the entire DNA strain should bring into question the validity of DNA evidence.

http://articles.latimes.com/2008/jul/20/local/me-dna20

So it looks like we're back to where we were: an imperfect system that's still potentially capable of convicting an innocent person.
 

Crisco

Banned
First of all, who cares, dude definitely earned it. Secondly, could someone explain to me why we even bother with these elaborate and expensive attempts at humane executions? Hang or shoot them, bullets and rope are dirt cheap. This has to be due to the whole prison-industrial complex, private companies coming up with the most expensive possible way to kill a person while the tax payer foots the bill.
 

Demon Ice

Banned
Struggling to breath is painful, yes.

So you're aware of your breathing after you fall asleep at night?

Are you actively controlling yourself when you snore in the middle of the night?

Incredible amount of people ITT with a lack of understanding of basic human biology. Breathing and even gasping for air can be involuntary, in no way whatsoever do they guarantee pain.
 

Ferrio

Banned
First of all, who cares, dude definitely earned it. Secondly, could someone explain to me why we even bother with these elaborate and expensive attempts at humane executions? Hang or shoot them, bullets and rope are dirt cheap. This has to be due to the whole prison-industrial complex, private companies coming up with the most expensive possible way to kill a person while the tax payer foots the bill.

Man, GAF is so weird.

Liberal liberal liberal.

Soon as it comes to death penalty we might as well be in the deep south stumming our bangos.
 

Calibus

Member
The death penalty has no place in modern society. Obviously what he did to his victim does not either, but there are other severe punishments.
 
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