Académique Documents
Professionnel Documents
Culture Documents
Promise
2015 Campaign for Kentuckys Families
2015
www.TeamScottCoffey.com
Table of Contents
Expanding Our Base
Saving Eastern Kentuckys Economy
Start Working for New Non-Coal Futures Now
Keep SOAR Working!
Western Kentucky SOAR
Use Coal Severance Tax Funds the Right Way
Federal/Kentucky Partnership for Clean Coal
Technology and Byproducts Research/Pilot Projects
Wilderness State Resort Park
Real Educational Attainment
Postsecondary Education
Charter Schools
Southern and Southeastern Kentucky Higher Education
Smaller Government
Lower Corporate Taxes Mean More Jobs for All of Us
There is Still Waste to Cut
More Justice
Keeping Our Promises
Gaming Will HelpDO IT!
Drugs, Crime, and Prisons
Juvenile Drug Courts
Adult Drug Courts
Theyll Also Be on the Highway
New Family Commitment Laws
New Prison Paths for Addicts and Local
Re-entry Drug Courts
A 21st Century Kentucky Judiciary
Reform the Kentucky Penal CodeAgain!
Vehicular Criminal Use Statute
Punish Crimes, Not Unintentional Negligent Conduct!
Quit Sending People To Prison Who Act in Self-Defense!
Other Penal Code Reforms
We Need More Local Law Enforcement Officers
New Tool to Keep Drug Dealers on the Move: Zoning
Keeping Addicts in Recovery Clean With Jobs
They Can Be Proud Of
Death Penalty
Conclusion
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Foreword
Kentucky sits in the center of the most promising nation on Earth. We are
bounded by two of the largest rivers of commerce, blessed with an
abundance of energy-producing fuels in our natural gas, oil, and coal
reserves, and populated by some of the most industrious and gracious
people on Earth.
For us, tomorrows promise is attainable! To gather this promise, we must
build a more inclusive party, strengthen education, and grow a smaller
government with lower taxation, less waste, more jobs, and more justice.
Now is the time, this is the place, and we are the people to grasp this
promise.
This is my plan to gather Tomorrows Promise.
~Will T. Scott
power plant market (steam coal) in America. Natural gas, at its current low
cost, is also increasing its market share of electric power generation. In
fact, our oil and gas producers are doing fine, natural gas prices are rising,
and Kentuckys gas future looks good. Kentuckys oil production is also
stable.
So, what do we do for coal?
First, we must realize that eastern Kentucky steam coal, because of its
high quality, is competitive in foreign markets, such as China, India, and
Europe, subject, of course, to the price per ton delivered overseas. Our
metallurgical coal is doing fine as it has its own different demands and
markets. Thus, we must, as a state, assist in the establishment of foreign
markets for eastern Kentucky steam coal. Since these foreign markets will
continue for our lifetime (and more) to rely primarily on coal for their lowcost electrical generating capacity (it is by far the cheapest way to make
electricity), let it be our coal they buyand our jobs they sustain. In fact,
world economists now predict that the worlds consumption of coal to
produce power will increase by 50% from 8 billion tons per year to almost
12 billion tons per year by 2040.
Secondly, as the Eastern Kentucky mining community shifts from
nationally- and internationally-owned operations back to smaller, locallyowned
and
family-owned
operations, which can better
control production and materials
coststhis transformation is
already in progresswe must
retool
our
Kentucky Small
Operator Assistance Programs
(SOAP) to facilitate the reentry of
the small, family mines back into
the production market. Over the
long term, considering local operator profit, this will actually put more
money back into the eastern Kentucky economy. We can do this without
sacrificing mine safety.
Thus, to assist during this transition back to smaller, locally-owned, family
mines, Kentuckys regulatory agencies need to review and reform
Kentucky SOAP programs and expand them where permissible under the
1977 Federal Mine, Health, and Safety Act, or subsequent amendments.
And, where possiblewithout sacrificing safety and fiscal responsibility
2015. PAID FOR BY TEAM SCOTT-COFFEY, JAMES D. WALLEN, TREASURER.
we need to accelerate permitting times for the small mines and create
accessible, responsible, cooperative bonding pools for the small operators
permit bonds. We need to help them get back into the market more quickly.
Without producing mines, we cannot solicit foreign market contracts. We
must keep our mines working while we secure sales markets overseas.
Thirdly, we need to create new and immediate mining opportunities to
establish a decent interval of time so the workforce and operators can
make these transitions to lower costs, better mining methods, and better
markets.
We can help do this, too, by shifting some of our endangered mining
operations onto secondary recovery sites for purposes of reclaiming pre1977 high-walls left un-reclaimed prior to the 1977 U.S. Surface Mine Act.
To get this reclamation done, we just have to make it profitable for them
to operate on these siteswe can also deepen the recovery cuts for new
spoil for reclamation use in order to create new augur mining
opportunitiesin order to accomplish the reclamation weve always
needed. One good note is that
a number of the bettermanaged operations will not
need this help. Theyll weather
the storm.
If we get no cooperation from
the regulatory agencies in
making
this
reclamation
successful, then I intend for
Kentucky to pursue the
federal
Abandoned
Mine
Lands (AML) funds in federal court to force them to spend the large sums
they are holding to pay for these reclamations. They can work with us and
let our people work free or they can pay us by the yard as reclamation
contractors at a higher price, and well still work. Working together
voluntarily is much better.
But, thats not all we need to do to secure eastern and western Kentuckys
future, for mining in these regions will someday end.
leadership solely for creating new, non-coal jobs for these future regional
economies.
Federal/Kentucky Partnership for Clean Coal Technology and Byproducts
Research/Pilot Projects
In the late 19th Century, John D. Rockefeller (Standard Oil) fought Nikola
Tesla and Thomas Edison and their separate wealthy backers (J.P.
Morgan, etc.) to prevent electric lighting from supplanting his oil monopoly
which he was then using to light Americas homes and cities with kerosene
lamps. He lost and his financial empire was threatened with collapse. Yet,
he had his scientists go back to work with his oil and they discovered a
new product from it: gasoline! The rest is history.
I have faith that we can do the same with coal and its numerous
components and byproducts, but it will take a sustained federal/state
partnership for this research and the consequent pilot projects to develop
the necessary clean coal technology and new, but valued, uses for its
components and byproducts.
Coal is too abundant a resource for Kentucky to abandon in the coming
future. In fact, I trust someday its abundance and future uses will be our
economic edge over many of our job-competing neighboring states. The
scientific research and pilot projects and their jobs, however, should be
done in the appropriate Kentucky coal fields. These should be their jobs!
Moreover, in the near
term, eastern Kentucky
needs a new fluidized
bed
coal/biomass
electric
generating
plant, like the Virginia
City Hybrid Energy
Plant in St. Paul,
Virginia. It needs to be
built in southeastern
Kentucky in order to maximize the savings on trucking costs. This new
green type of power plant thrives on waste wood products and waste coal
from old coal waste gob piles which litter our hollows. The waste coal and
wood is blended with good coal to bring it up to minimum burn
specifications. Pointedly, the fuel it burns will help us clean up eastern
Kentuckys hollows. Being a timbering region, also, we would then have a
2015. PAID FOR BY TEAM SCOTT-COFFEY, JAMES D. WALLEN, TREASURER.
profitable market for our waste wood products which now just rot on the
ground.
Moreover, waste products from industrial hemp work well as biomass in
these plants. A 600-megawatt plant of this type would expect to burn 6-7
million tons of local coal a year and would support approximately 1,000
good-paying jobs in the region. This new type of plant produces less than
1% of the emissions that the current coal-fired power plants of the 1960s
produce and can produce electricity at wholesale rates of around $0.03
per Kilowatt.
Moreover, its already designed to begin carbon capture as soon as the new
technology becomes commercially feasible. Interestingly enough, in the
last decade, we in the United States have cut carbon dioxide emissions by
8% while the rest of the world has increased these same emissions globally
by 32%!
Surprised?
Wilderness State Resort Park
As an anchor point for new southern or eastern Kentucky investment and
recreational opportunities, we need a new or expanded wilderness state
resort park built around visible, wild populations of black bear, elk, and
deer and fabulous stream fishing. Quite possibly, this could be a great
state/private entity partnership endeavor.
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making them in the future. Its almost like weve decided to keep a statesupported system using tax assessments solely on the students and their
families (i.e., tuition). This increase in costs (and college debt) is consistent
with what other states are experiencing.
Considering student debt for college, nationwide, there are currently 40
million students who owe an average of $29,000 (some much more!),
totaling an astonishing 1.2 trillion dollars in education debt. This is more
than the combined credit card debt owed in the entire United States.
Moreover, to inflate tuition
and increase accessibility
to student loans, our
colleges and universities
have lowered the required
course load for fulltime
status from 15 hours
(years ago) to 12 hours.
This
lower
minimum
hourly
load
allows
students to take six years
to graduate instead of
fourfour more semesters
of tuition, room, and board
for students and their
families to pay for college.
Obviously, then, being a fulltime student (at twelve credit hours) opens up
more avenues to borrow funds to pay for schooli.e., more debt for our
families and more revenue for our universities.
Looking at the University of Kentucky, its total budget for 2013 was
roughly 3 billion dollars. Kentuckys contribution to this was roughly $300
million, or 10%. Compared to the national average of $18,000 per year
costs to attend state universities, U.K.s cost per year for an in-state
student has risen to nearly $26,000. And to further enhance revenue, U.K.
has been shifting more enrollment space to out-of-state students at an
increased charge of $38,000 per yearall of this, ostensibly with the
knowledge and approval of our higher education watchdog, the Kentucky
Council on Postsecondary Education.
And one other thing, under federal law, a college is not allowed to disclose
a students grades to family members helping to pay that childs tuition
2015. PAID FOR BY TEAM SCOTT-COFFEY, JAMES D. WALLEN, TREASURER.
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Rural districts present other problems for Charter Schools, but, hopefully,
we can solve these, too, with practice. However, it should be noted that the
implementation of charter schools should not be overseen by the local
boards of education or the Kentucky Department of Education. That would
be too much like putting the fox in charge of the chicken coop. The state
agency that manages charter schools should be outside the influence of
the Kentucky Department of Education and unafraid of fostering
educational competition between schools. In the long run, competition is
the best way to bring our public school systems back up to the
performance level we need.
Southern and Southeastern Kentucky Higher Education
Education has always been the keystone for better economies, but cost
can be a blocking factor. And annual housing and food costs factor into
educations acquired a long distance away from ones home and family.
In this respect, it has been reported that if you draw a line through
Kentuckys most eastern state university, Morehead, and run that line
through the most southern state university, Western Kentucky University
in Bowling Green, 40% of the geographic area of Kentucky lays below that
line, along with 25% of Kentuckys population. Yet, these generally
impoverished areas of southern and southeastern Kentucky have no four
year state universities.
Thus, as former Governor Paul Patton noted, 32% of all jobs in the United
States require a bachelors degree, but, in Kentucky, only 28% of the
working-aged people have that degree. However, in eastern Kentucky, he
noted that only 11% have the degree. Others have noted eastern Kentucky
matches other regions in attendance at two-year community colleges, but
falls off in third- and fourth-year programs.
These regions need a public university where day travel to and from the
school would be possible for those who cant afford the annual food and
lodging costs ordinarily incurred in attending college away from home.
This is fair and will enhance Kentuckys educational level immensely.
Smaller Government
We can grow a smaller government without harming Kentuckys families.
According to the 2014 ALEC-Laffer State Economic Competitiveness Index,
2015. PAID FOR BY TEAM SCOTT-COFFEY, JAMES D. WALLEN, TREASURER.
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Kentucky ranks last when compared with our neighboring states in the
bloated bureaucracy rankings (all-level public employees per each
10,000 of population).
1.
2.
3.
4.
5.
6.
7.
8.
Illinois
Indiana
Tennessee
Ohio
Missouri
Virginia
West Virginia
Kentucky
499.4
505.0
512.0
514.3
527.5
542.7
555.9
564.4
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recover these from the purchasing population. The only corporations that
end up eating the cost of these taxes are those that go broke before they
recover them.
One might argue, then, that this is a good reason to just do away with all
corporate or business taxes and increase the sales tax to collect them
directly at the purchase site from the purchasing population. However, one
must keep in mind that corporations produce or manufacture a lot of
different goods or services and the current sales tax would then have to be
modified precisely to catch these in the right increments and amounts per
product or service. This is difficult to do and such a quantifiable and direct
increase in the sales or other tax is unpopular and politically
unsustainable. It (corporate taxes) works the way it does and everyone is
politically satisfied with it. So, we shouldnt change the levying system. We
have a really good mixture regionally of sales, property, and other taxes
now and I wouldnt suggest changing these. According to the 2014 ALECLaffer State Economic Competitiveness Index, Kentucky, as compared to
our seven surrounding states, has the lowest property tax rates, at $20.42
per $1,000 of property value, with Illinois being the highest at $43.51 per
$1,000. We rank fourth but when you are thinking about jobs and where
these large corporationscorporations that dont generally displace your
current local employerswill go, you have to realize even small fractions
of taxes matter as every savings lowers the cost of their goods or services
and increases their profit margin versus higher taxes in other comparable
areas. It is the total cumulative taxes added on to their cost of goods and
services sold from each point in the manufacturing and salei.e., the
bottom linethat matters. So, if a large corporation is moving, and all
other considerations are nearly equal, it should move to the lower tax zone.
According to the 2014 ALEC-Laffer State Economic Competitiveness Index,
Kentucky currently ranks second in the lowest corporate income taxes
among our neighboring states, based on its current top marginal rate:
1.
2.
3.
4.
5.
6.
7.
8.
Ohio
Kentucky
Missouri
Tennessee
West Virginia
Indiana
Virginia
Illinois
3.62%
6.00%
6.16%
6.50%
6.50%
7.50%
7.55%
9.50%
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More Justice
Keeping Our Promises
For6 over sixty years, the promised tradeoff for taking lower-paying (as
compared to the private sector) state, county, city, or public teaching jobs
was the guarantee on retirement of good healthcare benefits and a good
defined benefit retirement plan where you are guaranteed the annual
retirement amount promised.6 Our failure to properly fund this promise
in the last A defined benefit plan provides a promised annual retirement
amount based on salary and years of service. A defined contribution
plan, on the other hand, does not promise a certain amount and the
annual retirement amount depends on the retirement amount decade,
however, has created a lot of unpaid debt and is choking our state budget
to death. Currently, our total pension system has unfunded liability of
roughly 34 billion dollars! As a result of our funding failures over the last
ten years (we were essentially totally funded as of 2002, in fact, almost all
funds were over 100% funded!), Kentucky has now become the nations
poster child for unfunded pension liabilitynot to mention that we are
already the top debtor state in our eight-state competitive region with debt
service expenditures equivalent to 13.5% of our general fund tax receipts.
We have to fix this; our credit rating and future infrastructure bond sales
depend on it. Our teachers and state, county, and city employees depend
on it. It is no longer a question of when to pay it. The question is now:
how? Three options exist. We could have a large increase in our sales tax.
My answer to this option is NO! How about another Kentucky government
bailout where we borrow money from our childrens future to pay this
debt? My answer, again, is NO! I suggest we use the Kentucky gambling
money that is already being spent on the other side of the Ohio River to
pay down this debt without a tax increase or another government bailout
that we cannot afford.
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I believe, however, that with some extra back up we can achieve a recovery
rate closer to 60%. To do this, though, we need a large minimum-security
prison (theyre much cheaper)and a legal processby which our drug
court judges can sentence our drug court failures to this prison for an
indefinite sentence of, say, one, five, or even ten years. Keep in mind, those
who fail our drug court program are addicts who are still unwilling or
unable to recover their lives. Thus, they present a continuous and
significant threat to their local communities. They will be selling drugs to
others (1200 transactions per year) or breaking in to houses, garages, or
businesses, or committing other crimes (280 per year) to get money to pay
for their addictions as long as they are out, free, and untested.
Theyll Also Be on the Highway
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Previous
studies indicate a recidivism rate of between 12% and 20% for
drug court graduates over a three year period. However, given their
previous success and training, most of these graduates either do, or desire
to, recover their sobriety quickly. In recent years, we have discovered that
letting them voluntarily reenter the program (with the courts permission)
can result in a more successful outcome for the participant than a reentrance to prison dangerously stoned while driving their vehicles. Yet,
most can be easily and safely controlled in a minimum security prison or
jail setting at much lower costs.
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New Prison Paths for Addicts and Local Re-entry Drug Courts
It would also facilitate better treatment options for our prisons if, upon
court sentencing, the court made a specific finding as to whether the crime
committed was related to an addiction. This would help us in creating new
prison paths and treatment regimens for true addicts and such
possibilities could also lead to new partnerships between Corrections and
the Judiciary where our judges take a greater role through re-entry drug
courts in the process of subsequent parole supervision and punishment
short of re-incarceration. It is my belief that a greater partnership between
the Judiciary and the probation and parole personnel of the Department
of Corrections would lead to better results for our system and society and
lower budget costs.
Given that our courts are trying a lot less cases, we have the time available
to take on new tasks.
To date, the Judiciary has been resistant to this concept, but the need to
find better ways is increasing political pressure for more government
partnerships across constitutional lines of authority. New days require
new ways.
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political pressures have been able to put a halt to just about every piece
meal adjustment the Supreme Court of Kentucky has suggested in recent
years.
To avoid this political pressure, Kentuckys judges and Commonwealths
Attorneys need to adopt a redistricting plan that will put the right
personnel in the right circuits so that each circuit has the people and time
available to deal quickly with the demands of the population and economic
changes. This new plan needs to be worked out now and passed, but to be
effective only on an agreed date far enough into the future that very few in
office now will feel affected or threatened.
Only in this manner can we avoid the tremendous political forces that have
prevented this change in the past. Moreover, this new redistricting bill
needs to bring judicial and prosecutorial salaries in line with our
neighboring states, as we have also dropped far behind in our salaries for
these positionswithout good salaries you dont get the right people.
Furthermore, an early incremental adjustment in salaries for these judges
and prosecutors would go a long way in muting any political objections to
the redistricting. It is worth the cost.
Reform the Kentucky Penal CodeAgain!
There is a distinct difference between criminals and law-abiding citizens.
Criminals, either intend the acts which cause consequencesor the
consequences themselveswhich harm others unjustifiably. Law abiding
citizens may harm others, but only by accident or under justifiable
circumstances. Accidents occur at random and are difficult to prevent,
whereas the occurrence of crime is solely within the control of the criminal
mind. While accidents, or negligent conduct, resulted historically in civil
liability for monetary damagesin America, we had never before felt that
imprisonment was an appropriate punishment for accidental conduct.
Being prone to such conduct ourselves, weve historically recognized an
accident for what it isa tragedy based upon human error.
Todaywhether due to frustration or thoughtless reactions to terrible
eventswe have tolerated a significant shift in the focus of our justice
system toward accidental or negligent conduct of otherwise law-abiding
citizens. THIS MUST STOP.
For, as you expand, or reinterpret your laws, you punish more law-abiding
citizens and you decrease the support and respect of the citizenry for the
laws. This ultimately results in more restrictions on the police powers of
2015. PAID FOR BY TEAM SCOTT-COFFEY, JAMES D. WALLEN, TREASURER.
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the state, which necessarily reduces the ability of the state to identify,
apprehend, prosecute, convict, and imprison the real offenders of the
public goodCRIMINALS. In the long run, it hurts public safety.
With a limited amount of resources in our Justice System, we must
redirect our police power away from otherwise law-abiding citizens of
Kentucky and back towards criminals. This will allow a more efficient use
of our Justice System.
To do this:
1. Vehicular Criminal Use Statute We need a well-defined and
inclusive vehicular criminal use statute defining the scope of the
crime and the prison punishment for those persons causing injuries
or death by the improper use of a vehicle. In ways other than the
Justice System as used herein refers to the Judicial System,
including Circuit Clerks and augmented by portions of the Executive
Branch, such as Commonwealths and County Attorneys, law
enforcement, as well as the Department of Corrections (prisons,
probation and parole). Intentional acts are covered under other
criminal statutes. This criminal statute should be solely limited to
causation based upon alcohol or illegal drug use. We do not need to
be in the business of prosecuting or incarcerating citizens, mothers,
fathers and children who have tragic vehicle accidents.
2. Punish Crimes, Not Unintentional Negligent Conduct! Again, we have
no business using the limited resources of our Justice System
prosecuting persons solely for their negligent and sometimes tragic
conduct which harms others or allows others to come to harm other
than through or because of the use of intoxicants. These people live
every day of the remainder of their lives with the tragedies they
precipitated and no punishment designed by humankind could ever
exceed the pain of their own tragedy. Thus, unless there is some
evidence to indicate a real criminal intent to cause the result which
occurred, or evidence that the behavior was alcohol- or druginduced, we dont need to be prosecuting parents and grandparents,
children, friends and neighbors, for foolish mistakes, even though
tragic in their results. Thus, it would be necessary in redefining the
Kentucky Penal Code to review the use of the words wanton and
reckless in regard to the conduct thereby encompassed and which
now, arguably, include accidental mistakes. Im not suggesting the
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4. Other Penal Code Reforms There are many other areas of penal code
reform that need to be studied but we should leave that to the experts.
Suffice it to say that we have drifted far from the intent of the original
drafters of the 1974 penal code which replaced almost two hundred years
of prior experience. We need a new penal code.
5. We Need More Local Law Enforcement Officers Kentucky currently
employees 910 state police officers for the entire state. Theyre 200 officers
short of what they normally have. They work in shifts. They get occasional
weekends off and have holidays and sick days.
Thus, at any given time, we only have around 300-350 troopers actually
working state-wide. While our municipalities maintain adequate police
forces, local county law enforcement officers are declining due to county
budgetary problems. Yet, the security of persons, homes, and businesses
is one of the most important services a civilization can provide to its
citizens. We are failing here as our unsolved crimes rates are soaring and
no one feels like their homes and businesses are safe anymore. The few
crime labs we have to assist the police are now understaffed and
underfunded.
Thus, to reclaim safety in rural Kentucky, we need to ensure our County
Sheriffs offices have sufficient law enforcement officers as well as higherquality training. Moreover, we need to add to and upgrade our crime labs
in equipment and personnel and establish more regional offices and do
more local training so as to facilitate greater cooperation with local law
enforcement, especially municipal police and County Sheriffs offices. We
also need to enhance their CSI skills to preserve crime scene evidence for
the labs. These steps would tremendously enhance our citizens feeling of
safety and reverse the unbelievable rise in unsolved crimes.
6. New Tool to Keep Drug Dealers on the Move: Zoning Most people in the
hollows and neighborhoods of Kentucky know who is dealing drugs and
where they are dealing them from. And, if they believe they can do so
safely, they will pass the information along to law enforcement.
However, under our current criminal law standards, it takes a lot of
officers and time to build the case and make the buy from the dealer in
order to prove the charge beyond a reasonable doubt. Meanwhile, dealers
continue to use their homes or familys home, apartment, or mobile home
to deal their destruction in comfort. To supplement our current war on
drugs, we need to do two things:
2015. PAID FOR BY TEAM SCOTT-COFFEY, JAMES D. WALLEN, TREASURER.
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Death Penalty
The last time I checked there were 33 men and 1 woman on Kentuckys
death row. Altogether, the average time their sentences have been delayed
is now over 20 years, and many have been delayed even longer. Keep in
mind, the death penalty is given only for the most heinous of crimes.
Although lengthy and multiple appeals, as well as delays in the court
system, have historically played a large part in the delays, the death
penalty is currently suspended in Kentucky while the courts determine the
constitutionality of death by lethal injection.
Currently, it appears there will be no quick end to the litigation
surrounding consideration of the constitutionality of lethal injection,
though the primary motive for switching to lethal injection was to be more
humane. The legal battles have become nothing more than a game of delay;
delay; and, delay.
That being said, death by electrocution is still legal in Kentucky and has
been upheld by the United States Supreme Court. Thus, unless things
change, I believe the legislature should terminate Kentuckys experiment
with elective lethal injection and require all executions to be by
electrocutionor get out of the death penalty and just use a life sentence
without any chance for parole.
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Thank
goodness that the U.S. Supreme Court will hear and rule on this
issue by late spring of this year.
Im not against the death penaltyIm actually for. But, Im tired of having
a law on our books that is being legally impeded to death. If nothing else,
maybe we should leave the question to the people by constitutional
amendment.
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Conclusion
I do understand that the Kentucky Legislature makes the laws of
Kentucky, not the Governor and that all our ideas are just thatideas.
But, this is no reason why we all cant work together as Kentuckians and
bring tomorrows promise to life. All we have to do is talk to each other
and really listen. I am willing to do that.
~Will T. Scott
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