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Can Nebraska Restore Its Death Penalty Without Legislation?

By Kent Scheidegger et al.

In its decision yesterday in State v. Mata, S05-1268, the Nebraska Supreme Court affirmed the judgment, including the death sentence, of child-killer Raymond Mata. However, as noted in yesterday's News Scan, the court declared the sole method of execution prescribed by statute in that state, electrocution, to be unconstitutional. So does that mean the death penalty is on hold unless the Legislature affirmatively restores it by enacted a new method? Would the advocates of repeal be able to achieve their goal through a combination of a court changing the rules and a legislative deadlock, as they have in New York? Not necessarily. At one point, the court appears to assume this is the case. At page 67, the court says, "His sentence of death, although it cannot be implemented under current law, also remains valid...continue to full post

Full post as published by Crime and Consequences on February 09, 2008 (boomark / email).