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Colorado Tries to Fix its Death Penalty

The special session of the Colorado legislature called by Governor Owens to fix the state's death penalty law began yesterday. For the past several years, Colorado has been using a three judge system, the kind ruled unconstitutional by the Supreme Court two weeks ago.

Owens is wisely requesting the legislators go back to a unanimous jury system as that apparently passes Supreme Court muster. Others are suggesting an abolition (our choice) or a non-unanimous jury system (doubtful that would be constitutional.)

Yesterday, a former death row inmate, one of the 101 freed from death row after being found factually innocent, told his story to the legislators.

Two good columns on his testimony: Time is Short for Officals and Inmates by Diane Carman in the Denver Post and Mike Littwin's There is No Such Thing as a Free Ride on Death Row in the Rocky Mountain News.

We don't want a death penalty. But if we have to have one, and apparently we do for now, let's make it as fair as possible by returning to a system where the jury that decided the accused's guilt must thereafter unanimously make the life or death decision.

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