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Tennessee bill would allow people sentenced to death to choose execution by firing squad

The bill would allow inmates sentenced to death to choose to be shot by a firing squad. A representative suggested adding the choice to hang by a tree, too.

NASHVILLE, Tenn. — Tennessee lawmakers introduced a bill that would allow inmates sentenced to death to choose to be killed by a firing squad, instead of through electrocution or by lethal injection.

The bill, HB 1245, was introduced by Representative Dennis Powers (R - Jacksboro). Its Senate version, SB 1152, was introduced by Senator Frank Niceley (R - Strawberry Plains).

Powers said during a House Criminal Justice Committee meeting that he believed it is the most "humane and effective and quickest method." He also said he believed that inmates sentenced to death needed another option for execution.

He also said that the Tennessee Department of Corrections was not philosophically opposed to the bill.

Representative Gloria Johnson (D - Knoxville) said that in South Carolina, lawmakers passed a similar bill last year. She said courts there determined executions by firing squad were cruel and unusual punishment, and the state Supreme Court is hearing a case involving the law. Courts in Nebraska and Georgia also found it to be cruel and unusual punishment, she said.

"I feel like this is a move backward for Tennessee. This is absolutely not the direction we should be heading. And if you read the descriptions of death by electric chair, or by firing squad, it's horrendous," she said. "I really just think we should be a civil society."

Powers said he believed the bill was not unconstitutional in Tennessee and said other states found it to be unconstitutional according to their constitutions.

Johnson said criminals could be held accountable in various ways that did not involve firing squads. She also emphasized that the federal constitution outlawed cruel and unusual punishment, not just the state constitution.

Representative Paul Sherrell (R - Sparta) said he agreed with the bill, and asked if he would be able to amend the bill to include the option for inmates sentenced to death to choose to die by hanging from a tree. 

"I think it's a very good idea, and I was just wondering if I could put an amendment on that would include hanging by a tree also? And I would like to sign onto your bill, sir," he said during the committee meeting.

The bill passed the House Criminal Justice Committee and will be discussed by the Finance, Ways and Means Committee next.

Sherrell released a statement about his comment Wednesday night. It is below.

“I regret that I used very poor judgment in voicing my support of a colleague’s bill in the Criminal Justice Committee on Tuesday. My exaggerated comments were intended to convey my belief that for the cruelest and most heinous crimes, a just society requires the death penalty in kind.  Although a victim’s family cannot be restored when an execution is carried out, a lesser punishment undermines the value we place on protecting life. My intention was to express my support of families who often wait decades for justice.  I sincerely apologize to anyone who may have been hurt or offended.”

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