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Lockett died of a heart attack after an execution that lasted over 45 minutes. AP/Press Association Images

Slow botched execution of Oklahoma murderer ruled constitutional by US court

Lawyers had argued that the execution of Clayton Lockett was “prolonged and agonising”

OKLAHOMA COULD RESUME executing people in the New Year after a US judge rejected legal arguments that the methods are “prolonged and agonising.”

The decision comes after the botched execution of Clayton Lockett, a convicted murderer and rapist, who was put to death in April using an untested three-drug protocol in a process that took 43 minutes.

This was well over the expected time of 10 minutes and officials said Lockett, who was seen writhing in pain, bucking off the gurney and mumbling unintelligibly, ultimately died of a massive heart attack.

Lockett was administered a new, untested three-drug protocol in what would have been the central state’s first double execution in 80 years.

But Oklahoma Department of Corrections Director Robert Patton ordered the execution of Lockett stopped about three or four minutes after the start of the injection at 6:23 pm, citing a “vein failure,” a prisons spokesman said.

Lockett died of a massive heart attack at 7:06 pm after receiving all three drugs.

Lawyers filed a preliminary injunction last month arguing that some combinations of lethal injection drugs — including the controversial anesthetic Midazolam — cause “prolonged and agonising death” for inmates, who they said were not adequately informed about procedures.

Attorneys argued against “using any drugs or combination of drugs that is experimental and being used on captive human subjects,” according to court documents.

But US District Judge Stephen Friot has denied the request for a preliminary injunction, saying it was “without merit.”

Death penalty opponents allege that recent lengthy executions — which at times left inmates suffering for more than an hour — amount to the “cruel and unusual” punishment forbidden by the US Constitution.

Oklahoma Execution Robert Patton, director of Oklahoma Prisons. AP / Press Association Images AP / Press Association Images / Press Association Images

Midazolam was used in three executions this year — in Ohio, Oklahoma and Arizona — that were criticized because the condemned took longer than usual to die and apparently suffered.

A four-time felon, Lockett was convicted of shooting 19-year-old Stephanie Neiman and watching as two accomplices buried her alive in rural Kay County in 1999. Neiman and a friend had interrupted the men as they robbed a home.

Warner, 46, had been scheduled to be executed two hours later in the same room and on the same gurney. He was convicted of raping and killing his roommate’s 11-month-old daughter in 1997. He has maintained his innocence.

© – AFP 2014 with reporting from Associated Press

Read: Executioners in Oklahoma’s botched execution couldn’t inject the needle properly >

Read: White House says botched execution wasn’t humane, but maintains support for death penalty >

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    Mute Damien Moran
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    Dec 23rd 2014, 3:40 PM

    Wasn’t that the guy that raped a teenager and buried her alive?

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    Mute Graham Kavanagh
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    Dec 23rd 2014, 3:41 PM

    Yes Damien, but there is no market in that, lets talk about how this monster suffered….. lets feel guilty for a guy that would kill your newborn….

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    Mute Ryan McGuckian
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    Dec 23rd 2014, 4:03 PM

    He’s probably also kill the unborn in the womb of he got a chance.

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    Mute Jimminy BillyBob
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    Dec 23rd 2014, 4:20 PM

    Tell that to the pc brigade

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    Mute Davin Lynch
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    Dec 23rd 2014, 4:50 PM

    That’s the job for him,pity it didn’t last for weeks.

    121
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    Mute Graham Kavanagh
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    Dec 23rd 2014, 6:31 PM

    Heres hoping it lasts…. wherever his corpse is…. purgatory I hope…..

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    Mute Kane Abel
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    Dec 24th 2014, 12:39 AM

    Give KKK Uncle Sam another 20 years til they discover that yet again they have executed yet another black man in error because he was ‘available’ for trial and somebody’s neighbours cousins cat thought they might have seen him nearby, maybe, possibly etc.

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    Mute Graham Kavanagh
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    Dec 24th 2014, 1:40 AM

    Insightful.

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    Mute Darren Turner
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    Dec 23rd 2014, 3:29 PM

    I bet the parents would say justice was served

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    Mute Martin Cannon
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    Dec 23rd 2014, 3:53 PM

    Agreed, the minute this maggot shot and buried a woman alive he gave away every human right we’re entitled too. I find the death penalty the only fair punishment for cold blooded murder

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    Mute Charles Mcdonald
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    Dec 23rd 2014, 7:47 PM

    Alot disagree with it but I really wish we still had it. We have a few in prison who I believe need a long drop and a short stop

    39
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    Mute Havardi
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    Dec 23rd 2014, 3:39 PM

    If they insist on continuing with executions they should just go the old chinese route. Shoot them in the head and make it quick.

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    Mute Joseph O'Regan
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    Dec 23rd 2014, 5:13 PM

    There is no money in that.

    40
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    Mute Tom Red
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    Dec 23rd 2014, 3:36 PM

    They should use a Firing squad ..
    Quick and painless….
    Then charge the prisoner’s family for the price of the bullets…….

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    Mute Frank
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    Dec 23rd 2014, 5:37 PM

    The firing squads would make too much noise in forthcoming FEMA camp executions.

    12
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    Mute Charles Mcdonald
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    Dec 23rd 2014, 5:59 PM

    Say a prayer to JP2. That will stop it frank

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    Mute Frank
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    Dec 23rd 2014, 7:26 PM

    Charles Mcdonald I don’t pray to dead bodies and that would also include the Virgin Mary.

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    Mute Anthony Byrne
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    Dec 23rd 2014, 3:55 PM

    When it came up several months ago, I recall one particular observation on the “botched” execution, … It wasn’t actually botched, it was successful.

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    Mute Bryan Hynes
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    Dec 23rd 2014, 4:17 PM

    Once it has been proved beyond a shadow of a doubt that someone has committed cold blooded murder or rape on any man woman or child they should be put down without mercy the same way there victims were treated. I’m not going to lose sleep over there human rights when they had so little regard for the rights of others.

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    Mute Ferdia McManamon
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    Dec 23rd 2014, 3:27 PM

    “greatest country on earth”

    113
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    Mute Graham Kavanagh
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    Dec 23rd 2014, 3:32 PM

    Whats the problem here? Did this lowlife care about how he was raping or killing? He got it easy….. Anyone sympathising can take the same medicine…. hope the pain continues for him wherever he ends….

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    Mute Paddy Hannigan
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    Dec 23rd 2014, 4:34 PM

    The problem is that every week there is a story of some lad or lass in the US being released from death row having being found innocent.Hell even China are begining to admit that they have made mistakes.

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    Mute Ailbhe O'Nolan
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    Dec 23rd 2014, 4:48 PM

    So becausr he commited a haenous crime, the same should be done to him? Descending to their standards is hardly appropriate. They should rot in jail, not be tortured to death.

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    Mute ChocSaltyBallz
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    Dec 23rd 2014, 5:10 PM

    Sounds like to much bath salts

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    Mute Graham Kavanagh
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    Dec 23rd 2014, 6:35 PM

    Agreed, they should rot in jail while awaiting the end…. who cares if he suffered…. the baby was not given an option on how to go, the girl was not asked if she wanted to be buried dead or alive… he watched, probably enjoyed it…. if you want to spare the death penalty, he should be tortured to moments from death everyday for the rest of his life…. that would be a good deterrent…..

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    Mute Derek Mahon
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    Dec 23rd 2014, 6:36 PM

    The problem is that ‘reasonable doubt’ is what’s needed to prove someone committed a criminal offence which has led to many mistakes being made in cases. Wasn’t it last week when a chinese court admitted to executing an innocent man and gave his family a couple of grand as compensation. The problem with the death penalty is that you can’t release someone if they’re subsequently found innocent.

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    Mute Mary Kavanagh
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    Dec 24th 2014, 12:51 AM

    The proof was supposed to be “beyond reasonable” doubt, I thought. Which means exactly what it says. Of course sometimes mistakes are made or evidence is suppressed. The Innocence Project has exonerated a fair few people wrongly convicted. Usually through new DNA evidence.

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    Mute Cathy Conley-Portka
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    Dec 24th 2014, 5:10 AM

    Yes it should. Better than paying for his keep.

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    Glen
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    Mute Glen
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    Dec 23rd 2014, 3:31 PM

    I’m a big fan of the Death penalty but I think they should use the Guillotine.

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    Mute Frank
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    Dec 23rd 2014, 3:59 PM

    That day will soon come, I see they are trying to phase out lethal injection over supplier issues. .

    The Guilitine is the most suitable form of capital punishment for organ harvesting, no chemical contamination or bullet damage. This would of course suit Obamacare and Israel’s lucrative organ harvesting racket.

    Decapitation is also spoken quite widely in the book of Revelation.

    https://www.biblegateway.com/passage/?search=Revelation+20%3A4&version=KJV

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    Glen
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    Mute Glen
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    Dec 23rd 2014, 4:07 PM

    I’m surprised the Chinese aren’t using it for their organ harvesting program.

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    Mute Ryan McGuckian
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    Dec 23rd 2014, 4:13 PM

    Yes Glen very surprising indeed. I remember the Chinese executed lots of bankers after their financial meltdown. Us on the other hand didn’t give them a day in jail. Biggest bank bail out ever they said, but they’re still playing Golf Glen.

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    Mute Alan Scott
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    Dec 23rd 2014, 4:33 PM

    Don’t like taken life for another but in this case I make a exception of agreeing with the execution because of what he put his victim through

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    Mute Kustin J Crush
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    Dec 23rd 2014, 5:47 PM

    @ Frank..surprising you didn’t mention Jordan topping 11 people in one day recently, (a few “terrorists” included) bet if it was Israel you would be crowing!

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    Mute Frank
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    Dec 23rd 2014, 7:25 PM

    Jordan is nothing more than a Zio puppet regime in the Middle East and is just as barbaric as Saudi Arabia and the US for supporting and allowing the training of Head Hacking rebels.

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    Mute colin
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    Dec 23rd 2014, 11:19 PM

    Frank, take a day off ffs

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    Mute Martin Greene
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    Dec 23rd 2014, 4:55 PM

    To quote the green mile … What in the blue fcuk was that ?? An execution. A successful one. Good riddance I say

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    Mute Neville Neville
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    Dec 23rd 2014, 6:00 PM

    Had me a good laugh on that one son, merry Christmas

    28
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    Mute Jack Bowden
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    Dec 23rd 2014, 3:47 PM

    The death penalty is just wrong.
    No government should have the right to kill it’s citizens. No matter what.

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    Mute Graham Kavanagh
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    Dec 23rd 2014, 3:53 PM

    I think a murderer and rapist has no rights….. do you care what happened to him? Do you think it was cruel? He is not a citizen, he is an animal, no a monster.

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    Mute Ryan McGuckian
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    Dec 23rd 2014, 4:05 PM

    Ya but Graham, how many innocents are killed by this death penalty. There’s a reason why so few countries continue to use it.

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    Mute Graham Kavanagh
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    Dec 23rd 2014, 4:10 PM

    Ryan, I understand and the much bigger effort should be put in to making sure the innocent never go this road, but there seems to be a major effort in caring for these undoubted monsters. I know its not ideal, but anyone who is clearly guilty of such terrible crimes do not deserve to live, to be a burden on society and to live in hope of being free again. Victims and there families get absolutely nothing but more suffering…..

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    Mute Ryan McGuckian
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    Dec 23rd 2014, 4:22 PM

    Agree

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    Mute Graham Kavanagh
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    Dec 23rd 2014, 4:31 PM

    There seems to be the thinking here, ahh well, the victims are dead, nothing can be done, but the savage animal is alive, lets do everything it takes to keep him alive, while spitting in the faces of victims families….. disgusting… the sympathisers….

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    Mute Ailbhe O'Nolan
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    Dec 23rd 2014, 4:50 PM

    It’s not sympathising. I would preder to die than dpend life behind bars.

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    Mute Cian Doherty
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    Dec 23rd 2014, 6:42 PM

    Ailbhe against the death penalty for brutal murderers and rapists but all for it when it comes to the unborn.

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    Mute Niall Ó Muirthile
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    Dec 24th 2014, 12:23 AM

    @Jack Bowden: agreed. Genuinely shocked at the comments here and the way the red and green thumbs are going. I thought Irish people generally rejected the death penalty. Seems I was wrong.

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    Mute Graham Kavanagh
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    Dec 24th 2014, 1:41 AM

    Niall, I am not for it, but also not for undoubted monsters having every avenue to help them while the victims and families suffer to the grave….

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    Mute Darren Doheny
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    Dec 24th 2014, 10:33 AM

    Graham what you fail to realise is that we are a product of our experiences. Hence why it disproportionately affects lower social classes. Reform is the only way to go.

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    Mute Graham Kavanagh
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    Dec 24th 2014, 11:58 AM

    Agreed Darren, but that is a double edged blade as well. Reform where it is needed, but for some, reform will never be the way they want.

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    Mute Isaac Smyth
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    Dec 23rd 2014, 4:23 PM

    Good enough for him.

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    Mute Paul Murphy
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    Dec 23rd 2014, 5:10 PM

    They would have executed the Birmingham Six and Guilford Four back in the day….Ten people would have been executed in error. The risk is too high.

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    Mute Gavin Scott
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    Dec 23rd 2014, 7:32 PM

    Omg. That’s crazy talk. Let’s do a little ratio of all the people that were murdered(in various ways) to the number of people executed in error!! It’s not comparable. If I were executed in error, I would glad to know that for every wrong execution, there are 1000 + good ones. No smoke without fire.

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    Mute Gavin Scott
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    Dec 23rd 2014, 8:03 PM

    I’m comparing botched executions of innocents to murders as they are comparable. Fyi. Both are not fair. But take away executions and our murder rate may increase.

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    Mute Patrick Varley
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    Dec 23rd 2014, 4:32 PM

    The horrific nature of his crimes seem to have shrouded many people’s judgement on the death penalty.

    1. Supporting capital punishment means the state will inevitably execute innocent people.

    2. The rationale for capital punishment is often a mix of deterrent and punishment. If that is the reasoning, why not also torture the accused before death. Torture is a harsher punishment and certainly a more effective deterrent. If you support the death penalty, then you must support torture. Which types of torture, what duration, which crimes.

    3. The role of the justice system is to protect society from criminals. Certainly this is achieved by executing dangerous criminals but it is also achieved by permanent imprisonment where rehabilitation is deemed unsuccessful. It is often pointed out that it will save tax money if we simply execute convicts. A myth I believe as any capital punishment system will have an exhaustive appeals procedure that will cost more than imprisonment.

    4. It is often said that if dangerous criminals are not executed they will harm again. A valid point. However the effectiveness of a maximum security prison at minimising harm to innocents must be compared to the effectiveness of a system employing capital punishment. ie. How many guards are killed by inmates or citizens killed by escaped inmates vs how many innocent people the state executes. The data doesn’t exist but I suspect more harm to innocents will be caused in the system with capital punishment.

    5. “If the victim was your family member you would feel differently”
    Of course I would. I would kill the accused myself given the chance. But the role of the justice system is not to exact vengeance upon the accused.

    The crimes are disgusting but be wary of a mob mentality leading to immoral policies.

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    Mute ptriley
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    Dec 23rd 2014, 5:52 PM

    Filthy rapist got what he deserved

    36
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    Mute CMac59
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    Dec 23rd 2014, 4:05 PM

    The fact is it could have been any prisoner on death row, including an innocent man found guilty. One may argue this man deserved it, and there is an argument. but what of say, Bush and Blair, and others like them with blood on their hands? Why are the latter respectable murderers, given the scale of pain, brutality and death they afflicted on others and the effects are still felt today.

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    Mute Ryan McGuckian
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    Dec 23rd 2014, 4:25 PM

    Good point, Pilate. One has to ask is it all worth the life of one innocent. And we know now, there’s been countless numbers of innocents executed.

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    Mute Darren Doheny
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    Dec 23rd 2014, 3:50 PM

    In a couple of centuries time people will look back and laugh at how primitive we were having the death penalty. Serves no purpose!

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    Mute Brian O'Hara
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    Dec 23rd 2014, 4:06 PM

    Should look back and say we were too soft. Rapists and paedophiles should be given the death penalty. A touch more fitting that 5 year sentences with 3 years suspended. I can’t get inside the head of anyone who feels bad for these absolute mongrels

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    Mute Ryan McGuckian
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    Dec 23rd 2014, 4:11 PM

    The sentences here are far too soft but would anyone trust our judges to impose death penalties? Our legal system has always favoured the elite and wealthy. Remember that guy who bought out his conviction for rape? Also two people that got community service for participating in a manslaughter and let’s not forget the man who got 6 years for killing his wife with a brick. You think the judges who gave those sentences are capable of handing out death sentences? God forbid!

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    Mute Brendan Hill
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    Dec 23rd 2014, 4:53 PM

    Don’t agree with the death penalty. Yeah this guy deserved to die and so on but at the end of the day innocent people die and that’s just f*cked up.

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    Mute Paul Radford
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    Dec 23rd 2014, 5:14 PM

    You kill an innocent. You deserve the same treatment… End of story….

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    Mute Thierry Rat
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    Dec 23rd 2014, 5:54 PM

    Provided he was guilty, I don’t care

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    Mute Marian Doyle
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    Dec 23rd 2014, 5:35 PM

    Ryan what is your.point.? are you comparing a vicious inhumane thug who shot a 17 year old.and buried her alive to a woman who has to have been in a terrible absolutely awful.situation and made a decision that no.woman would make if had any other viable option …I hope im misinterpreting your point ..if not you are incredibly immature

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    Mute Paul Fanshawe
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    Dec 23rd 2014, 7:55 PM

    I’m can’t see why the name “Warner” comes up at the end of the article. It makes no sense. Is this another case of roughly and carelessly editing a wire story from AFP?

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    Mute ernest borgle
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    Dec 23rd 2014, 10:45 PM

    No sympathy, the misery that guy caused wasn’t even close

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    Mute Marian Doyle
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    Dec 23rd 2014, 7:23 PM

    Eh Ryan calling Ryan !

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    Mute caroline noone
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    Dec 25th 2014, 5:08 AM

    I strongly disagree with the death penalty.

    Why not bring back hard labour? Much more punitive in my opinion and more fitting to penalise violent crime. Prison sentences should not be a holiday camp experience for those who committed violent crimes against another person.

    Interested to hear of others opinion regarding this….

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