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Tip
Sheet: Business, Law & Economics

Tip sheets highlight timely news and events at Washington University in St. Louis. For more information on any of the stories below or for assistance in arranging interviews, please see the contact information listed with each story. For comments on the Business, Law & Economics news tips service, please contact the editor, Robert Batterson at (314) 935-5202 or
batterson@olin.wustl.edu.
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Missouri executes 60th inmate despite call for all states to review capital punishment

Media assistance:
Jessica Roberts
- (314) 935-5251
Source: Peter Joy's Web page -
(314) 935-6445

[St. Louis, Mo., February 2003] - As Missouri's Supreme Court and
its governor review a death penalty conviction in the aftermath of
the state's 60th execution since 1989, both sides of the death penalty
debate across the country will be closely monitoring Missouri's next
moves.
Kenneth Kenly, 42, was executed at 12:01 a.m. Feb. 5 for murdering
tavern patron Ronald Felts during a 1984 robbery in Poplar Bluff,
Mo. The day before Kenly's execution, the Missouri Supreme Court began
reviewing the death penalty conviction of Joseph Amrine, 45, who is
appealing his conviction for the 1985 murder of fellow prison inmate
Gary Barber.
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eyes will be on Missouri as it reviews the death penalty conviction
of Joseph Amrine. |
Peter Joy, J.D., professor of law at Washington University in St. Louis, says that not only Missouri's Gov. Bob Holden, but also all governors with capital punishment should call a halt to executions and order a review of the use of the death penalty in their states to make sure it is being applied fairly and justly.
Since last month when Gov. George Ryan, in the final days of his administration, commuted the sentences of all inmates on Illinois’ death row because of what he calls a “deeply flawed” capital punishment system, the death penalty process is being discussed and reviewed across the country.
"At least one federal judge has found that the death penalty in federal cases is discriminatorily applied based on race," says Joy. "Some other governors have instituted or are considering moratoria on executions while examining the death penalty in their states."
Missouri law professors recently presented Gov. Holden with a petition that calls for a review of the death penalty. "Governor Holden should follow the lead of other fair-minded governors and call for a moratorium to executions in the state of Missouri until after there has been an investigation into whether or not the present system is working," says Joy, who coordinated the signing of the petition at Washington University’s School of Law.
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Peter Joy |
As in many states around the country, death sentences in Missouri are being reversed each year, says Joy, and persons sentenced to death either have been found not guilty or granted new trials.
"There have been too many incidents of actual innocent persons who have been saved a few days or even hours short of their execution for the governor to permit executions to continue unless there is a reason for us to have confidence in the system," Joy says.
"Added to the tragic fact that the present system is convicting some persons who are later cleared of the crime, the present system also places a disproportionate number of African-Americans, Hispanics, and other persons of color on death row," Joy adds.
He argues that even if one supports the death penalty in theory, a moratorium and study are fair and reasonable steps.
"To continue executions without examining the present flawed system
is reckless," he says. "I hope Governor Holden -- as well as his counterparts
throughout the country who still have capital punishment in their
states -- sees that the reasonable and just decision is to delay the
execution of some possibly truly guilty persons rather than risk the
execution of one truly innocent person or someone given the death
penalty because of racial factors."
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