Capital punishment has been a fiercely debated issue in Nebraska since the drafting of the state's constitution. If you are interested in the history of Nebraska or criminal justice, I encourage you to watch the Nebraska Educational Telecommunications show ...Until He is Dead online. It includes an interview with descendants of the one man killed by the state of Nebraska who was later exonerated.

A total of 37 men have been executed by the state of Nebraska. Fifteen years after statehood, Nebraska conducted its first state execution by hanging, NETNebraska.org. Hanging continued to be the method of execution until 1913 when the state legislature took up the debate. They considered eliminating the death penalty. Instead, they kept it and changed the method to electrocution.

After using the electric chair 15 times, Nebraska ended up being the last state in the union with electrocution as its sole method for capital punishment. When stopping that practice in 2008, the seven-justice majority of the Nebraska Supreme Court ruled on the evidence of pain during electrocutions. "It is the hallmark of a civilized society that we punish cruelty without practicing it," CNN.com. Although never used, lethal injection has been the only option for capital punishment in Nebraska since 2009.

                                           Time Line of Capital Punishment in Nebraska

• First execution by Nebraska territorial court, Cyrus Tator, August 28, 1863.
• Nebraska became a state, March 1, 1867.
  
• First legal execution in Nebraska, Samuel D. Richards, April 26, 1879.
• Death of the only executed prisoner in Nebraska later exonerated, Jackson Marion, March 25, 1887.
• A man was hanged twice after the rope broke on the first attempt, Albert Haunstine, May 20, 1891.
  
• Last legal public hanging, George Morgan, October 8, 1897
• Method of capital punishment changed from hanging to the electric chair, March, 1913.
• First execution by electrocution (two men in one day), December 20, 1920
• Most notorious criminal executed in Nebraska, Charles Starkweather, June 25, 1959.
• U.S. Supreme Court blocked capital punishment, June 29, 1972.
• Nebraska Supreme Court issued rulings on four death penalty cases in one day to clarify the use of capital punishment, February 2, 1977.
• The last state execution to date, Robert Williams, December 2, 1997.
• Nebraska Supreme Court ruled electric chair violates ban on "cruel and unusual punishment," February 8, 2008.
• Lethal injection replaced electric chair as means of state execution, September 1, 2009.

 
         "There is a real easy way to avoid ever getting the death penalty. Don't kill anyone else."
                                                                                   --Nebraska Attorney General Jon Bruning

Early death sentences were carried out by the counties. Since 1903, death sentences have been carried out at the state penitentiary. Of the 70 inmates who have sat on Death Row in Nebraska, 23 have been put to death. One, Charles Starkweather, murdered 10 people on a killing spree in 1958. It was the kind of case in which it is easy for proponents to argue the merits of capital punishment.

                                                              "The state should not kill."
                                                                                   --Nebraska State Senator Ernie Chambers

In one case, this state took an innocent man's life. William Jackson "Jack" Marion was convicted of shooting to death a friend named John Cameron in 1887. The dead body was paraded into the court. The conviction came after three trials and little evidence. The Clerk of the Gage County Court recorded his sentence: "He shall be taken by the sheriff to the place of execution and be hanged by the neck until dead, dead, dead" NETNebraska.org. 

The Omaha Bee recorded Marion's final words on the gallows, "I have made no confession and have none to make. God help everybody. That is all I have to say" NETNebraska.org.  About four years later, someone who did not believe John Cameron was the dead man found him in Kansas and brought him back to Nebraska. It was a century later, in 1987, that Governor Bob Kerry signed a pardon for Jack Marion.

The history of the death penalty in Nebraska presents extreme examples of a state struggling to create a system of justice. How does it sit with your views on crime and punishment?


Resources:

Kelly, Bill, "Until He is Dead: A History of Nebraska's Death Penalty," NETNebraska.org, premiered 2-8-2013.
Kelly Omaha, "History of the Death Penalty in Nebraska," Dipity.com, 1-20-2013.
Mears, Bill, "Nebraska court bans the electric chair," Cnn.com, 2-8-2008.
Nebraska Department of Correctional Services, "Capital Punishment: Rules & Regulations," Corrections.state.ne.us, (accessed 2-20-2013).
Young, JoAnne, "Nebraska Electric chair becoming historical artifact," Journalstar.com, 6-26-2008.

President Barack Obama pardoned the national Thanksgiving turkey(s) today. This ceremonial pardoning is a lighthearted event. The more serious constitutional role of granting clemency to people gives presidents a role in the judicial system. Presidents have varied in their application of the power to pardon. Some of their choices have run afoul of public opinion.

A full pardon officially removes all records of punishment and guilt, thereby restoring constitutional rights to formerly convicted felons. Presidents can act on any federal crimes, while lower-level offenses may be granted clemency at the state level, usually by governors. (USBlawg.com) The power has been used to help heal the nation. Other times it has been used for purely personal or political reasons.

According to Northern Public Radio, White House spokesman Matt Lehrich stated, "President Obama takes his constitutional power to grant clemency very seriously, and each recommendation received from the Department of Justice is carefully reviewed and evaluated on the merits." (Northernpublicradio.org)

Apparently most recommendations haven't measured up to Obama's standards. P.S. Ruckman Jr., a political scientist at Rock Valley College, reports the rate of pardons granted by the past five presidents (Northernpublicradio.org):

• Ronald Reagan: 1 in 8
• George H.W. Bush 1 in 19
• Bill Clinton: 1 in 16
• George W. Bush: 1 in 55
• Barack Obama: 1 in 290

Why do our two most recent presidents appear so stingy? In part, the number of recommendations continues to grow. Also, many pardons are made at the end of a presidency, so we'll have to recheck Obama's rate at the end of his term in office. If you'd like to request clemency from the president, follow this link to the Department of Justice.

The king of last minute pardons was Bill Clinton. On his last day in office, he served up 140 pardons (USBlawg.com), some of which were highly controversial.

Of the presidential pardons, here are a few of the biggest turkeys, based on the level of public acceptance:

Like Andrew Johnson's pardon of all who had served on the side of the Confederacy during the Civil War, President Jimmy Carter wanted to help the nation mend. However, his pardon of those who had evaded the military draft during the Vietnam War was not as well received (About.com).

In another bid in the name of healing the nation, a highly controversial pardon was granted to former president Richard Nixon for anything he might have done or might be accused of having done during the years of the Watergate scandal (About.com).

Nixon issued questionable pardons of his own. He pardoned Jimmy Hoffa who had been convicted of jury tampering and fraud. Hoffa supported Nixon's re-election bid in 1972 and then disappeared in 1975 (Time.com).

Ronald Reagan also had a couple doozies. One went to George Steinbrenner, former Yankees owner who had plead guilty to obstructing justice and making illegal campaign contributions to Richard Nixon. Another went to Junior Johnson, an early NASCAR superstar, who had served a federal sentence for running moonshine (CNN.com).

President George H.W. Bush received criticism by some in 1992 when he pardoned former Secretary of State Caspar Weinberger and five other Reagan administration officials for their roles in the Iran-Contra Affair (About.com).

Bill Clinton's last-day pardons included one for his half-brother, Roger Clinton, who had been found guilty of cocaine distribution. Another was given to financier and tax-evader Marc Rich. This was noteworthy since Rich's ex-wife had donated to Clinton's presidential campaign and library (Discovery.com).

No wonder many pardons aren't made until the president is heading out of public office. Yet, no matter how much criticism a pardon receives, it will stand. A president's power to pardon goes unchecked by any other branch of government.

"It's conceivable that the Founding Fathers were not worried about giving one individual such absolute authority, as the U.S. Constitution as originally written specified only treason, piracy and counterfeiting as federal crimes. After more than 200 years of growth in the government, approximately 4,500 criminal offenses are under the jurisdiction of the federal government" (Investopdedia.com).

There have been many thousands of presidential pardons handed down, some for the good of the country and a sense of justice, some, it would appear, for the good of the pardoner and his partners. Since it is a U.S. holiday, maybe we should just grin at Obama's pardon of the Thanksgiving turkey.

Resources:

Clark, Josh, "How Presidential Pardons Work," Howstuffworks.com, (accessed 11-20-2012).
Discovery Channel, "Which Presidential Pardons have been Controversial?" Discovery.com, (accessed 11-21-2012).
Fox, Eric, "Notorious Presidential Pardons," Investopedia.com, 9-24-2012.
Gill, Kathy, "Controversial Presidential Pardons," About.com, 1-3-2009.
Institute of Government Studies at the University of California, Berkeley, "Presidential Pardons," NYTimes.com, (accessed 11-21-2012).
JRO, "Controversies in Pardons and Commutations of Sentences," USBlawg.com, 8-6-2012.
Shapiro, Ari, "Tough Turkey: People Have a Harder Time Getting Pardons Under Obama," Northernpublicradio.org, 11-20-2012.
Time Magazine, "Notorious Presidential Pardons," Time.com, (accessed 11-21-2012).
Trex, Thand, "11 Notable Presidential Pardons," CNN.com, 1-5-2009.

In January 2011, Jared Lee Loughner plotted, laid in wait, and then opened fire on former Arizona congresswoman Gabrielle "Gabby" Giffords and a group of her constituents. He killed 6 and wounded 13 that day. Last week the survivors had the opportunity to deliver a statement in court.

Surviving victims and family members had the chance to make victim impact statements. They could confront the offender and inform the court about the pain and loss caused by the crime.

According to victimsofcrime.org, a victim impact statement (VIS) may be written or oral. It may include the following:

• Physical damage caused by the crime.
• Emotional damage caused by the crime.
• Financial costs to the victim from the crime.
• Medical or psychological treatments required by the victim or his or her family.
• The need for restitution.
• The victim's views on the crime or the offender (in some states).
• The victim's views on an appropriate sentence (in some states).

Victim statements become part of the official record and may be considered by parole boards, probation officers, or correctional institutions. They are also heard by judges before sentencing as in the Loughner case.

Mavanell "Mavy" Stoddard, who had been shot three times and watched her husband die in her arms, made a statement in front of Loughner. "Jared, when you took my precious Dorwan, you ruined my whole life" (WSJ). After expressing the grief and loneliness of losing her love, she said, "We will never let you win. You will not take our spirit" (ABC). In fact, before ending her statement, Mavy told Loughner that she forgave him.

Rep. Ron Barber called for increased awareness and knowledge about mental illness, but he also condemned the shooter's actions in his statement. "You must pay the price for the terror, injuries and deaths you caused".(Barber.House.Gov)

Although Gabby Giffords did not make a statement, she looked Loughner in the eye while her husband, Mark Kelly, made a lengthy statement about pain, lost dreams, and gun control. Standing by his wife, Kelly added, "You may have put a bullet through her head, but you haven't put a dent in her spirit and her commitment to make the world a better place"(ABC).

After all the statements, Judge Larry A. Burns of the U.S. District Court in Tucson sentenced the killer to seven consecutive life sentences plus 140 years in federal prison. "Mr. Loughner will never step outside a prison," the judge said (WSJ). A sentence being handed down 22 months after a mass murder is incredibly quick.

A plea saved Loughner from facing a jury trial and possible federal death penalty. State prosecutors decided not to seek additional charges to spare victims a longer judicial process. Also, the methodical nature of the crime, made it impossible for defence lawyers to seek a complicated insanity plea.  Rep. Barber said, "I am grateful that all of us will be spared the painful ordeal of a lengthy legal process followed by unending appeals" (Barber.House.Gov).

In this case, victims had their say and justice was swift.

Resources:

Giffords Faces Ariz. Shooter for 1st Time in Court, ABCNews, 11-10-12
Loughner Sentenced to 7 consecutive life terms, AZCentral, 11-9-12
Victim Impact Statents, The National Center for Victims of Crime, accessed 11-11-12
Loughner Sentenced to Life, The Wall Street Journal, 11-8-12
U.S. Rep. Ron Barber's Statement at the Sentencing of Jared Lee Loughner, Barber.House.Gov, 11-8-12
Mass Killers Aren't Necessarily Psychopaths, Psychiatrists Explain, The Huffington Post, 8-14-12
Updated: List of Injured Victims in Arizona Shooting Released by Pima County Sheriff, The Washington Post Blog, 1-14-11

The Westminster, Colorado, community can begin to breathe a sigh of relief with the news of an arrest in the Jessica Ridgeway case.

Austin Reed Sigg, a local 17-year-old, was arrested for the October 5, 2012, abduction and subsequent murder of 10-year-old Jessica Ridgeway. Although innocent until proven guilty, an AP report says that the young man's mother made the call that led Sigg to turn himself over to police. She had no other comment.

In a news conference today, police announced that Sigg would be charged in the abduction and murder of Jessica and also in the attempted abduction and attempted murder of a 22-year-old runner on May 28 of this year. His home, in the area of both crimes, is currently being searched for forensic evidence and a vehicle has been removed from the garage. Police are also searching a Dumpster across the street from Sigg's home. Most of the evidence used as a basis for the arrest is sealed by court order.

If after reading details and seeing Sigg's picture you have more information to report, please contact police:

Tip line: 303-658-4336
Email: PDamberalert@cityofwestminster.us

Even though steps are being completed by the criminal justice system, these crimes are not done for these families or for this community. Especially since horrible crimes were committed against a child, adults will need to continue to provide support.

In How to Talk with Children in the Aftermath of Violence, Scott Hirschfeld explains these steps:

1. Validate feelings
2. Listen first
3. Respond honestly
4. Encourage non-violence
5. Avoid violent imagery
6. Limit media consumption
7. Focus on what's important
8. Counter bias and hate
9. Watch for warning signs

Hirschfeld suggests seeking assistance from a doctor or mental health professional if a child exhibits these symptoms: difficulty sleeping, trouble eating, fear of routine activities, refusal to separate from family members, or changed behavior that may be aggressive or withdrawn.

Some questions will be answered by the continuing investigation, some will not. Best wishes to the family, friends and community of Jessica Ridgeway. Let us continue to put our best foot forward in every missing child case. Hopefully few families and neighborhoods will have do deal with such extreme fear and grief.

Related stories:

Westminster Police arrest 17-year-old Austin Sigg in Jessica Ridgeway abduction, murder case, The Denver Channel.com Oct. 24, 2012.

Arrest Made in Ridgeway Case, Westminster Police Department Public Safety News: Oct. 24, 2012.

Purple was 10-year-old Jessica Ridgeway's favorite color. Purple balloons and flowers now decorate memorials for the recent murder victim. Although hundreds searched for her, they were unable to rescue her from the hands of a monster. Now all efforts must be directed toward capturing and prosecuting her killer.

Jessica left for school on the morning of October 5, 2012. She never arrived. Hundreds of private citizens in her Westminster, Colorado, community joined authorities to search for her. Sadly, they did not find her alive. This is a time line of some of the steps taken to find Jessica and now to find her killer:

• Jessica left for school in Westminster, CO, 8:30 AM 10-5-2012
• Jessica's mother, who works nights, slept through calls from the school, 10-5-2012
• Jessica's mother reported her daughter missing, 4:30 PM 10-5-2012
• Amber Alert issued, evening 10-5-2012
• Family involvement was ruled out, 10-6-2012
  
• Fliers distributed and 100s of volunteers assisted authorities in search, 10-6-2012
• Dive team went on Ketner Lake, 10-6-2012
• Jessica's backpack found in Superior, CO, 6.4 miles NW of her home, 10-7-2012
• Neighbors held a vigil for missing girl. Family talked to media, 10-9-2012
• An unidentified body was found in Arvada, CO, SW of Jessica's home, 10-10-2012
• Crisis Center opened in Westminster, CO, 10-11-2012
• Officials verify that the murdered body was Jessica Ridgeway, 10-12-2012
• A celebration of Jessica Ridgeway's life, 2 PM 10-13-2012
• Memorial service held, 10-16-2012
• Autopsy performed, 10-16-2012

Next, society needs to continue to pursue the murderer and bring that person to justice. When Jessica's body was found, police described it as being "not intact." It took two days to positively identify the young girl who had just wanted to go to school. As Westminster Police Chief Lee Birk announced at an October 12 press conference, "Our focus has changed from a search for Jessica to a mission of justice for Jessica." (Denver Post 10-12-2012)

If you traveled through the Denver area, especially along the Denver Boulder Turnpike, between October 5 and October 10, 2012, try to recall anything suspicious and report it to the Westminster Police tip line: 303-658-4336.

What to Do if Your Child is Missing (National Center for Missing & Exploited Children)
On the trail of a killer (Denver Post, 10-13-2012)
Jessica Ridgeway killing: Police look for suspect in two near-abductions (ABC News, 10-15-2012)
A girl's neighbors are left to grieve and fear a predator in their midst (New York Times, 10-16-2012)
3,000 embrace memories, smiles of slain 10-year-old Jessica Ridgeway (Denver Post, 10-17-2012)