Lawmakers abolished capital punishment in Nebraska following a narrowly successful veto override May 27.<\/p>\n
LB268, introduced by Omaha Sen. Ernie Chambers, replaces death penalty provisions with a life sentence. The bill applies to 10 inmates currently serving capital punishment sentences at the Tecumseh State Correctional Institution. An 11th death row inmate, Michael Ryan, died in prison of natural causes May 24. He had been on death row since 1986. <\/p>\n
The bill was passed by the Legislature May 20 on a 32-15 vote, but Gov. Pete Ricketts vetoed it May 26.<\/p>\n
Chambers offered a motion to override the governor\u2019s veto, saying the repeal finally would lift the \u201ccloud of darkness\u201d over the state caused by the use of capital punishment. <\/p>\n
\u201cThis will be a shining moment for the Nebraska Legislature,\u201d Chambers said. \u201cI am hoping that we will be that motive force in this country that will ultimately result in the abolition of state killing.\u201d<\/p>\n
The effort to end capital punishment in Nebraska has been a career-long effort of Chambers\u2019 since 1973.<\/p>\n
In his veto message to the Legislature, Ricketts said repealing the death penalty is counter to the beliefs of an overwhelming majority of Nebraskans who support it as an important public safety tool. The death penalty is necessary to provide justice to the families of victims of especially heinous and violent crimes, Ricketts said.<\/p>\n
\u201cYour decision will determine whether the families of victims of ten murderers on Nebraska\u2019s death row will ever receive the justice they deserve,\u201d Ricketts wrote, \u201cwhich was meted out by a very deliberate and cautious judicial process in each of their cases.”<\/p>\n
In her support of the motion to override the veto, Bellevue Sen. Sue Crawford disputed the claim that the death penalty is good for victims\u2019 families. In states without the death penalty, she said, studies show that victims\u2019 families fare better psychologically than those in death penalty states because they do not have to relive the crimes throughout the offenders\u2019 lengthy appeals process.<\/p>\n
\u201cThe death penalty does not bring closure and healing,\u201d Crawford said.<\/p>\n
Sen. Adam Morfeld of Lincoln said the state should set an example based on justice, not vengeance. Justice can be provided with a life sentence, he said in support of repealing the death penalty.<\/p>\n
\u201cIf we give the state the right to take a life, then what kind of message does that send to our society?\u201d Morfeld said.<\/p>\n
Norfolk Sen. Jim Scheer was in favor of retaining the death penalty. Those convicted of heinous, premeditated murder deserve the ultimate punishment, he said.<\/p>\n
\u201cI believe there is a time and a place for the death penalty in Nebraska,\u201d he said.<\/p>\n
Omaha Sen. Beau McCoy agreed, saying that without the death penalty, the lives of murder victims are devalued by a lack of justice.<\/p>\n
\u201cI\u2019ll always rise to defend the death penalty as the ultimate punishment for those who have committed the worst crimes possible against their fellow Nebraskans,\u201d McCoy said.<\/p>\n
Sen. Colby Coash of Lincoln said that Nebraska\u2019s prolonged inability to procure the chemicals needed to carry out executions shows that capital punishment is no longer a viable way to punish the state\u2019s worst criminals.<\/p>\n
\u201cThe taxpayers have not gotten their bang for their buck for almost 20 years. This program is broken,\u201d he said. \u201cWhen are we going to admit that we have a broken system that will not work?\u201d<\/p>\n
Bellevue Sen. Tommy Garrett also supported the override motion. He said the justice system is too flawed to give the state the power to kill its citizens, so the death penalty is not worth the risk.<\/p>\n
\u201cI can think of no greater injustice than government taking the life of an innocent man or woman,\u201d Garrett said. <\/p>\n
The measure removes the Class I felony penalty designation from the state criminal code and makes first degree murder a Class IA felony punishable by life imprisonment. According to statute, a murder is considered a first degree offense if done purposely with deliberate and premeditated malice in the attempt of a first degree sexual assault, arson, robbery, kidnapping, hijacking, burglary or poisoning.<\/p>\n
The bill does not prevent a sentencing court from ordering restitution or alter the authority of the state Department of Correctional Services to determine appropriate measures for incarceration of an offender.<\/p>\n
Senators voted 30-19 to override the governor\u2019s veto. Thirty votes were needed.<\/p>\n","protected":false},"excerpt":{"rendered":"
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