That’s all fine and well, but it’s a lot of headache for a death penalty trial when the sentence is going to be commuted down the road.
If sentences prior to the legislation have already been commuted, then those sentences still within the allowed timeframe will ultimately face the same fate.
It’s pointless.
BBM:
In a practical sense, you're probably right.
I'm looking at it this way, though:
Governor <modsnip> has just commuted the sentences of the 3 barbaric murderers currently sitting on death row.
It likely wouldn't be a very popular move, even with Coloradans who supported the repeal of the dp, to commute TS's sentence if a jury voted that she receive the death penalty.
It would make for an interesting poll question for Colorado voters:
"Do you favor the commutation of death sentences for women who bludgeon, stab and shoot children under the age of 12? Please answer "Yes" or "No."
Politically, I'm thinking that would not be a terribly smart move.
<modsnip>
And if it didn't give him pause, it would likely provide fodder for his opponents, and/or create the climate for more victim-friendly politicians to be elected.
<modsnip>
Who wouldn't love to see TS be the last person executed in the State of Colorado?
*ETA: I gotta' be honest: This post is even more effective after the mod-snips.
JMO.