Prosecutors say proposed legislation ruling out death penalty before trial for some offenders would invite challenges from practically every death row inmate Murder suspects with a severe mental illness at the time the crime was committed could be exempted from the death penalty,under a bill before Ohio lawmakers that would still allow offenders to be convicted and sentenced to prison including life without parole.
The proposed legislation would allow a hearing before trial on an offenders mental condition and permit a judge to rule out the death penalty whether severe mental illness is proven. whether the judge keeps the death penalty on the table, the issue could be raised again during the trial.
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Source: theguardian.com