SIOUX FALLS, S.D. – A pending U.S. Supreme Court ruling could impact a South Dakota case that shocked the Sioux Falls community in 2016.

This month, the high court justices heard arguments in Kahler v. Kansas, a case that could determine the constitutionality of the insanity defense.

South Dakota lawmakers have considered but rejected legislation to exempt people with mental illness from the death penalty.

Aya Gruber, a professor of criminal law at the University of Colorado, says the Supreme Court has so far relied on a "shock to the conscience" doctrine as grounds for a death sentence.

"Is it possible that a state can go ahead and punish a severely mentally ill person, the same way that they would punish a completely sane person?” Gruber questions. “Or would that be such a grossly disproportionate punishment that it would shock the conscience?"

A Sioux Falls man eligible for the death penalty awaits trial. In 2016, 24-year-old Heath Otto was charged with killing his mother and nephew, and two counts of first-degree murder make him eligible for the death penalty. His defense lawyers later hired experts who diagnosed Otto with schizophrenia and schizoaffective disorder.

In the case before the Supreme Court, James Kahler was convicted and the death sentence was recommended for fatally shooting his ex-wife, her mother and his two daughters. He appealed, claiming his constitutional rights were violated by not being allowed to present an insanity defense.

Gruber notes that insanity is argued in very few cases.

"And of those cases, they're very rarely successful,” she states. “So, this is not like a defense that people are using all the time – this is a rarely used, rarely successful defense."

In death penalty cases, South Dakota currently relies on the M'Naghten Rule, meaning the burden of proof for insanity is on the defendant.

Capital punishment cases typically cost 10 times more than a first-degree murder case, or an average of $1 million more per case than life imprisonment.


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North Carolina has not carried out an execution in 18 years and advocates are urging Gov. Roy Cooper to commute all death row sentences before he leaves office.

Noel Nickle, executive director of the North Carolina Coalition for Alternatives to the Death Penalty, warned the long pause could end soon, as it depends on ongoing Racial Justice Act litigation and lethal injection protocol challenges.

"It's not a question of if executions will resume in North Carolina but it is a matter of when they will resume," Nickle contended. "Given the current makeup of our state legislature and our state Supreme Court, we feel certain that the two litigation issues that have prohibited executions will fall away."

North Carolina currently has the fifth-largest death row in the United States, with 136 people. The coalition has placed billboards around Raleigh to highlight the urgency of commuting these death sentences to life in prison.

Nickle argued abolishing the death penalty would be a major step toward a fairer justice system. She noted history has proven not everyone sentenced to death is guilty. In all, 12 people in North Carolina have been exonerated and released from death row. Nickle also pointed out racial disparities in death penalty sentencing.

"Sixty percent of our death row is made up of people of color and the demographic in North Carolina is that 30% of our citizens are people of color," Nickle outlined. "More than half the people on death row were sentenced by an all-white or a nearly all-white jury."

Nickle also challenged misconceptions about the death penalty, arguing it is neither fair nor cost-effective. She highlighted some victims' families have expressed executions do not bring healing or closure. Nickle also cautioned resuming executions would have a significant emotional and financial impact on the justice system.

"When executions resume, just imagine the strain and the traumas that will be placed upon the individuals, our state employees, not having done any executions in 18 years," Nickle emphasized. "We know from other states that have resumed executions that it's a tremendous strain on the system."

With 23 states in the U.S. having abolished the death penalty, the group hopes North Carolina will join the growing number of states choosing to end the practice. The group will continue advocacy efforts with a 136-mile walk on Sept. 26.


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Charleston City Council members have greenlighted a citizen-led municipal measure to reduce local penalties for some marijuana possession offenses.

Bill Number 8039 removes fines and jail time for first-time low-level possession of marijuana. Currently under state law, marijuana possession is a criminal misdemeanor, punishable by up to six months in jail and a $1,000 fine.

Corey Zinn, a community organizer for the group Charleston Can't Wait, said the move is a positive step forward for the city.

"We're guaranteeing that if you haven't had another drug offense, that if you're arrested with 15 grams or less, that you're not going to have a fine, you're not going to serve jail time," Zinn outlined.

According to Section 89 of the city charter, Charleston residents can introduce measures to the ballot by petition, an ordinance or amendment with enough signatures. More than 4,000 residents signed the petition to reduce marijuana possession penalties.

Zinn added it was encouraging to hear city lawmakers acknowledge the community harms associated with criminalizing marijuana. According to data from West Virginia University, more than 1,600 residents were arrested in 2021 for marijuana possession or sales.

"It felt really powerful to hear those conversations and to talk about the racial disparities," Zinn noted.

Zinn feels the city is drastically limited in changing drug policies because of West Virginia's harsh penalties for possession.

"There's still this message that this is still a crime, this is still something that you should not do, and I think a lot of people would agree that's not really the case," Zinn pointed out. "If there's not some other crime being committed, then there shouldn't be an issue with this."

An overwhelming majority of U.S. adults, 88%, said marijuana should be legal for medical or recreational use, according to a survey released earlier this year by the Pew Research Center.


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Police departments across the U.S. have struggled with officer shortages in recent years but a new report showed how youth apprenticeship programs can combat the trend.

Many forces offer programs providing on-the-job training alongside classroom instruction.

Benjamin Klosky, a former researcher at the Urban Institute and a police apprentice in Fairfax County, said he became interested because he did not want to go to college or the military after graduating from high school, and still needed to earn a wage.

"If you ask a police officer what they do, they'll tell you that everything from the marriage counselor to a social worker to a teacher to a referee," Klosky outlined. "They have to inhabit a bunch of different roles, and not all of those roles are learned within the confines of the police academy. "

Klosky still had to go through a vetting process, including a polygraph and background check. And he was able to do productive police work, like helping run the warrant desk, handling evidence and performing maintenance, along with shadowing patrol shifts. He acknowledged apprenticeships are costly for departments but they can provide benefits like increasing officer retention, saving money compared to academies and recruiting more diverse workers.

For instance, many of Klosky's fellow cadets spoke multiple languages and came from a variety of socio-economic backgrounds.

"The other cadets were not people who would have otherwise gone to college and then become police officers," Klosky observed. "These are people from the communities that are being policed who wanted to become police officers and didn't have another route to do so."

Officer hiring and retention has struggled since 2020 amid rising public distrust in policing and concerns over excessive force among officers. However, the trend may be starting to reverse for the first time since the pandemic, according to the Police Executive Research Forum.


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