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During a recent campaign event in Phoenix, Arizona, Donald Trump mused about capital punishment. Weve never had [such] massive amounts of drugs pouring into our country, he said. And by the way, youll never solve the problem without the death penalty. Trump also said he had made a deal with Xi Jinping prior to the end of his term that would have seen China executing anyone found to be manufacturing fentanyl for sale in America, though the only verifiable fact related to this claim is that China cracked down on fentanyl sales to America under pressure from the Trump administration.
He then riffed on the same theme at a rally in Las Vegas, where he again announced that the United States would have no drug problem if this country, like China, captured, tried, and executed drug dealers all within a very short span of time. Trump declared that Xi told him that these almost instantaneous capital proceedings are known in his country as quick trials, and that theyve essentially resolved Chinas struggle against illegal narcotics. (According to fact-checkers at Politifact, Trumps description of Chinas liberal use of capital punishment is essentially correct, but evidence refutes his assessment that the method is as effective as he claims, or would be effective here.)
Trumps strange pontification on sharks and batteries attracts more attention than his criminal-justice designs, but these more substantive policy ideas are at least as disturbing. Theres something satisfying in the presumption that one simple fix could erase all American addiction. But its nonsense, and destroying the death-penalty appeals process would be both naive and intentionally cruel. Trump may be dreaming aloud when he offers up the possibility of sudden death for drug-related crimes, but enacting such a policy would significantly degrade American law and justice.
Trumps fixation is odd, in part because capital punishment has never eliminated any category of crime. Use of the death penalty in a particular jurisdiction does not even deter crime: Decades of research have consistently found that murder rates are lower in states that do not execute criminals. But for Trump, its the punishment frequently offered up in place of a credible plan to actually treat opioid addiction and other forms of drug abuse. He suggested its use in a 2023 Fox News interview, saying, I dont know that this country is ready for it. I just dont know, reflecting on how shocking it would be to introduce capital punishment for selling drugs. Its not easy to say the death penalty. (Drug trafficking is already a capital offense federally and in two states, a fact Trump appears to be unaware of.)
Trump is right that the death-penalty process is not quick, and the long period of time between a death-row prisoners sentencing and execution has expanded dramatically in the past several decades. Prisoners who once could have expected to spend only a few years awaiting death can now expect about 20, though some have waited nearly 40 years. The length of the capital-punishment processmainly the appeals that ensue after a capital sentence is handed downaccounts for most of this delay, though several other factors (including the length of capital trials) contribute. But the long timeline of the capital-appeals process is commensurate with the enormity of the punishment. Executions cannot be reversed. If supporters of capital punishment, frustrated with the length of prisoners appeals, want something approaching a fair and just death penalty, then careful, meticulous review of each sentence is a prerequisite.
Ronald Brownstein: Trumps stop-and-frisk agenda
Lets pause briefly for a primer on capital appeals. People sentenced to death in a given state may make a direct appeal (either automatically or at their discretion) up to their jurisdictions court of last resort, usually the states supreme court. Only issues related to the criminal trial and its accompanying death sentence can be litigated in this venue. Judges may reverse the death sentence and the conviction, just the sentence, or neither at all. Prisoners may then appeal the decision to the United States Supreme Court. During this stage of the appeals process, prisoners have the opportunity to litigate matters in state court that could be adjudicated only posttrialineffective assistance of counsel, prosecutorial misconduct, or newly discovered evidence, for example. The resulting decisions can then also be appealed to the Supreme Court. If the Court rules against the defendant at this stage, then their state appeals are exhausted, and they may file a habeas corpus petition in federal court, seeking review of federal issues introduced in the state appeals process. Prisoners may again appeal lower courts rulings all the way to the Supreme Court, though the justices rarely agree to hear such cases.
In order to be fair, Supreme Court Justice Harry Blackmun explained in a 1994 dissent, a capital sentencing scheme must treat each person convicted of a capital offense with that degree of respect due the uniqueness of the individual That means affording the sentencer the power and discretion to grant mercy in a particular case, and providing avenues for the consideration of any and all relevant mitigating evidence that would justify a sentence less than death. Reasonable consistency, on the other hand, requires that the death penalty be inflicted evenhandedly, in accordance with reason and objective standards, rather than by whim, caprice, or prejudice. In other words, there is no way to justly administer the death penalty without thorough review.
Ample opportunity for appeals also helps prevent the killing of innocents. Since 1973, 197 people have been exonerated and released from death row. Many others have been exonerated posthumously. The Equal Justice Initiatives founder, Bryan Stevenson, told me over email last week that the error rate in capital cases is extremely high The appeals process doesnt ensure no one innocent will be executed but its clear that without it we would have certainly executed scores of innocent people.
Even if Trump wins in the fall, hes unlikely to persuade enough lawmakers to enact his quick trial plan. But it isnt impossible. Laws governing the use of capital punishment in America have changed dramatically over time. If Trump succeeds, every flaw in the American death-penalty regime will be intensified and expanded. Of course, the simplest way to curtail appeals, save innocent lives, and eliminate the gap between sentencing and punishment is to do away with capital punishment altogether.
*Lead-image sources: James Devaney / GC Images / Getty; Tingshu Wang / Getty; georgeclerk / Getty; Bettmann / Getty.
Nigel Farage has successfully exploited the Commons recess to “grab the mic” and “dominate” the agenda, Harriet Harman has said.
Speaking on Sky News’ Electoral Dysfunction podcast, the Labour peer said that the Reform UK leader has been able to “get his voice heard” while government was not in “full swing”.
Mr Farage used a speech this week to set himself, rather than Kemi Badenoch’s Tories, up as the main opposition to Sir Keir Starmer at the next election.
Baroness Harman said: “It’s slightly different between opposition and government because in government, the ministers have to be there the whole time.
“They’ve got to be putting legislation through and they kind of hold the mic.
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“They can dominate the news media with the announcements they’re making and with the bills they’re introducing, and it’s quite hard for the opposition to get a hearing whilst the government is in full swing.
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“What we used to do when we were in opposition before 1997 is that as soon as there was a bank holiday and the House was not sitting, as soon as the half-term or the summer recess, we would be on an absolute war footing and dominate the airwaves because that was our opportunity.
“And I think that’s a bit of what Farage has done this week,” Harman added.
“Basically, Farage can dominate the media agenda.”
She went on: “He’s kind of stepped forward, and he’s using this moment of the House not sitting in order to actually get his voice heard.
“It’s sensible for the opposition to take the opportunity of when the House is not sitting to kind of grab the mic and that is what Nigel Farage has done.”
But Baroness Harman said it “doesn’t seem to be what Kemi Badenoch’s doing”.
She explained that the embattled leader “doesn’t seem to be grabbing the mic like Nigel Farage has” during recess, and added that “there’s greater opportunity for the opposition”.
DALLAS — Connor McDavid had the breakaway goal that swung the momentum back to the Edmonton Oilers, and their captain happily touched the trophy they got after wrapping up another Western Conference title.
McDavid got that big goal in the second period after an earlier assist, 40-year-old Corey Perry scored again and the Oilers are going to their second Stanley Cup Final in a row after beating the Dallas Stars 6-3 on Thursday night in Game 5 to wrap up the West finals.
When McDavid accepted the Clarence S. Campbell Bowl, he gladly put his hands on it this time.
“It’s pretty obvious I think,” McDavid said about what was different from the end of last year’s West finals. “Don’t touch it last year; you don’t win. Touch it this year; hopefully we win.”
Edmonton scored on its first two shots and jumped ahead 3-0 in the first 8:07 on way to eliminating the Stars in the West finals for the second year in a row.
The Oilers get another rematch, against defending Stanley Cup champion Florida after their series last June went seven games after the Panthers had won the first three games. Game 1 is Wednesday night in Edmonton.
Dallas was within a goal when Thomas Harley had a one-timer blocked by Mattias Ekholm, the Oilers defenseman playing for the first time this postseason. McDavid gathered the long ricochet well past center ice, stayed ahead of speedy Roope Hintz and beat goalie Casey DeSmith with 5:32 left in the second period.
“That’s a Connor McDavid kind of play and that’s just the player he is,” Perry said.
Jason Robertson scored twice and Hintz had a goal for the Stars, who ended their season in the West finals for the third year in a row. Wyatt Johnston and Harley each had two assists.
“You’ve got to keep knocking on the door,” Stars coach Pete DeBoer said. “We chased every single game in this series and that’s a tough way to play hockey against that team. It was the story of the entire series, but the fourth goal, Connor’s goal … puck bounces into the neutral zone, he’s coming off the bench, he’s not missing that. It’s game over.”
DeSmith had taken over in net after starting goalie Jake Oettinger was pulled following Janmark’s goal that made it 2-0 only 7:09 into the game.
Edmonton goalie Stuart Skinner had 14 saves. DeSmith, who hadn’t played since April 26 in Game 1 of the first round against Colorado, stopped 17 of 20 shots.
Perry scored on a power play, assisted by McDavid and Draisaitl, only 2:31 in the game. His seven goals are the most by any player age 39 or older in a single postseason, and the 2007 Stanley Cup champion with Anaheim when he was 22 is now going to his fifth Final in the past six seasons.
That was McDavid’s 100th assist in 90 playoff games, making him the second-fastest player in NHL history to reach that mark. Wayne Gretzky had 100 assists in his first 70 playoff games, and no other player has reached the mark in fewer than 125 games.
Robertson scored a minute into the third period to get the Stars within a goal again. Kane then scored on a shot that went off the skate of Dallas defenseman Esa Lindell and past DeSmith.
Jeff Skinner, the 33-year-old forward who has played 1,078 regular-season games over 15 years with three teams, scored his first career postseason goal for the 3-0 lead. His playoff debut was in the first-round opener against Los Angeles on April 21, but he didn’t play again until Thursday, when the Oilers were without injured forwards Zach Hyman and Connor Brown.
Information from The Associated Press was used in this report.
DALLAS — Jake Oettinger is one reason the Stars are in a championship window, yet his Game 5 performance Thursday night was instrumental in Dallas’ third straight Western Conference finals exit.
Oettinger allowed two goals on Edmonton‘s first two shots, leading Stars coach Peter DeBoer to pull his star goaltender, hoping it would spark a change. It did, as Dallas pulled within a goal twice only to watch its season end in a 6-3 loss to the Oilers.
“Any time you pull a goalie the reasoning is to always try and spark your group,” DeBoer said. “So that’s your No. 1 reason. We had talked endlessly in this series about trying to play with the lead, and obviously, we’re in a 2-0 hole right away. I didn’t take that lightly, and I didn’t blame it all on Jake.
“But the reality is, if you go back to last year’s playoffs, he’s lost six of seven games to Edmonton.”
Dallas’ downfall began when rookie forward Mavrik Bourque was called for high-sticking with 18:13 left in the first period. The Oilers needed less than a minute for Corey Perry to score on the man advantage for a 1-0 lead. Mattias Janmark then scored nearly five minutes later for a 2-0 lead.
The early deficit continued a trend for the Stars, who allowed the first goal in their past seven playoff games going back to Game 5 of their semifinal series against the Winnipeg Jets.
Casey DeSmith relieved Oettinger, who logged 7:09 in ice time in his second appearance this postseason. His first came in the Stars’ 4-0 loss to the Colorado Avalanche in Game 4 of the quarterfinals, when he played 19:50.
DeSmith stopped the first two shots he faced, but the Oilers took a 3-0 lead on the third via Jeff Skinner, who entered the lineup after Zach Hyman suffered an injury in Game 4 that is expected to keep him out throughout the Stanley Cup Final against the Florida Panthers.
The Stars twice cut the deficit to one goal. Jason Robertson scored the first of his two goals with 8:20 left in the opening period before Roope Hintz scored on a power-play goal with 7:33 remaining in the second, trimming the lead to 3-2.
Oilers superstar captain Connor McDavid countered on a breakaway, maneuvering past Hintz and scoring for a 4-2 edge with 5:32 left in the second.
Robertson’s second goal just 38 seconds into the third brought it to within one again, but Evander Kane‘s attempt to throw a pass into the slot was redirected off Esa Lindell‘s skate and into the net for a 5-3 lead less than three minutes later.
That effectively ended the Stars’ comeback before Kasperi Kapanen‘s empty-netter pushed it to 6-3 with 11 seconds left.
“I don’t know the timing of it, but I think they scored pretty quickly both times,” Robertson said of the Stars coming within a goal. “It’s disappointing.”
Robertson was then asked about the message sent by DeBoer regarding the decision to pull Oettinger.
“We gotta step up,” he said. “It’s unacceptable for us to let him hang him out like that. The whole playoffs, he’s been our guy. The whole season. It’s unacceptable.”
Oettinger, who won more than 30 regular-season games for a fourth straight season, began last year’s Western Conference finals with a 2.08 goals-against average and a .940 save percentage through the first three games as the Stars took a 2-1 lead. But he then lost the next three games while posting a 3.09 GAA and a .847 save percentage with the Stars falling in Game 6 despite allowing only 10 shots on goal.
Dallas opened this series with a comeback 6-3 win as Oettinger gave up three goals on 24 shots. Game 4 was the only time this series in which his save percentage exceeded .900 (.935 after stopping 29 of 31 shots).
“So, it was to partly spark our team and wake them up,” DeBoer said. “And partly knowing [the] status quo had not been working, and that’s a pretty big sample size.”
Oettinger’s early exit adds to what will be an offseason of intrigue for a Stars team that has several financial decisions to make in what is expected to be an active offseason in the Western Conference.
PuckPedia projects the team will have a little more than $4.96 million remaining in cap space because it traded for Mikko Rantanen and signed him to an eight-year deal worth $12 million annually, in addition to the pay bumps players such as Wyatt Johnston and Oettinger will receive starting next season.
Dallas will have a seven-player class of unrestricted free agents led by captain Jamie Benn and Matt Duchene. Benn told ESPN in late March that he didn’t envision playing for any other team.
Along with reconfiguring parts of their roster, the Stars also will use the offseason to reconcile what it means to be the first team in NHL history to reach three straight conference finals and not advance to the Stanley Cup Final.
“The examples are endless in this league,” DeBoer said. “You know, the Washington Capitals, a decade of knocking on the door. You know, on and on. It’s a really, really hard league to win in. And when you get down to the end of the final four here, it gets exponentially tougher.”