Bush's Bid for a Death Penalty Fast Track

By Andrew Gumbel, The Independent UK. Posted August 22, 2007.

The Bush administration is preparing to speed up the executions of criminals who are on death row across the United States, in effect, cutting out several layers of appeals in the federal courts so that prisoners can be "fast-tracked" to their deaths.

With less than 18 months to go to secure a presidential legacy, President Bush has turned to an issue he has specialised in since approving a record number of executions while Governor of Texas.

The US Attorney General, Alberto Gonzales -- Mr Bush's top legal adviser during the spree of executions in Texas in the 1990s -- is putting finishing touches to regulations, inspired by recent anti-terrorism legislation, that would allow states to turn to the Justice Department, instead of the federal courts, as a key arbiter in deciding whether prisoners live or die.

The US is already among the top six countries worldwide in terms of the numbers of its own citizens that it puts to death. Fifty-two Americans were executed last year and thousands await their fate on death row.

In some instances, prisoners would have significantly less time to file federal appeals, and the appeals courts significantly less time to respond. On the question of whether defendants received adequate representation at trial -- a key issue in many cases, especially in southern states with no formal public defender system -- the Attorney General would be the sole decision-maker.

Since Mr Gonzales is a prosecutor, not a judge, and since he has a track record of favouring death in almost every capital case brought before him, the regulations would, in effect, remove a crucial safety net for prisoners who feel they have been wrongly convicted.

Elisabeth Semel, a death penalty specialist at the University of California law school in Berkeley, said the intention of the proposed regulation was clear: "To make it more difficult for people who have been sentenced to death in state courts, including those sentenced without adequate representation and resources, to avoid being executed."

The regulations, first made public by the Los Angeles Times, will be subject to a public comment period extending into September. They will then be enacted "as quickly as circumstances allow," according to a Justice Department spokeswoman.

The administration's enthusiasm for capital punishment runs counter to the recent trend away from the death penalty in many states. Last year saw the lowest number of capital convictions across the country -- 114 -- since the death penalty was reintroduced in the early 1970s. The development of DNA testing has raised uncomfortable questions about the safety of many capital convictions, prompting Illinois to call a halt to all its executions and triggering reviews in many other states.

Over the past two years, doubts have also arisen over the most popular method of execution -- death by lethal injection -- because medical research has suggested prisoners may die in agony. One of the cocktails of drugs typically administered, pancuronium bromide, paralyses the body, masking any pain without necessarily alleviating it.

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