Kentucky and colleges resource


Law in Kentucky

Government2006, 57.05% of the state's voters were
The Kentucky Constitution provides forofficially registered as Democrats,
three branches of government:36.55% registered Republican, and 6.39%
legislative, judicial, and executive.registered with some other political
Legislativeparty.[32]
Kentucky's legislative branch consistsKentucky has voted Republican in five of
of a bicameral body known as thethe last seven presidential elections
Kentucky General Assembly. The Senate isbut has supported the Democratic
considered the upper house. It has 38candidates of the South. The
members, and is led by the President ofCommonwealth supported Democrats Jimmy
the Senate, currently Republican DavidCarter in 1976, and Bill Clinton in 1992
L. Williams. The House ofand 1996, but Republican George W. Bush
Representatives has 100 members, and isin 2000 and 2004. Bush won the state's 8
led by the Speaker of the House,electoral votes overwhelmingly in 2004
currently Democrat Jody Richards.by a margin of 20 percentage points and
Executive59.6% of the vote.
The executive branch is headed by theLaw
governor and lieutenant governor. UnderKentucky's body of laws, known as the
the current Kentucky Constitution, theKentucky Revised Statutes (KRS), were
lieutenant governor assumes the dutiesenacted in 1942 to better organize and
of the governor only if the governor isclarify the whole of Kentucky law.[33]
incapacitated. (Prior to 1992, theThe statutes are enforced by local
lieutenant governor assumed power anypolice, sheriffs, and sheriff's
time the governor was out of the state.)deputies. Unless they have completed a
The governor and lieutenant governorpolice academy elsewhere, these officers
usually run on a single ticket (also perare required to complete training at the
a 1992 constitutional amendment), andKentucky Department of Criminal Justice
are elected to four-year terms.Training Center on the campus of Eastern
Currently, the governor and lieutenantKentucky University.[34] Additionally,
governor are Republicans Ernie Fletcherin 1948, the Kentucky General Assembly
and Steve Pence, respectively.established the Kentucky State Police
Judicialforce, making it the 38th state to
The judicial branch of Kentucky is madecreate a force whose jurisdiction
up of trial courts, called District andextends throughout the given state.[35]
Circuit Courts; an intermediateKentucky is one of 38 states in the
appellate court, called the KentuckyUnited States that sanctions the death
Court of Appeals; and a court of lastpenalty for certain crimes. Criminals
resort, the Kentucky Supreme Court.convicted after March 31, 1998 are
Unlike federal judges, who are usuallyalways executed by lethal injection;
appointed, justices serving on Kentuckythose convicted before this date may opt
state courts are chosen by the state'sfor the electric chair.[36] Only two
populace in non-partisan elections.people have been executed in Kentucky
The state's chief prosecutor, lawsince the U.S. Supreme Court
enforcement officer, and law officer isreinstituted the practice in 1976. The
the attorney general. The attorneymost notable execution in Kentucky,
general is elected to a four-year termhowever, was that of Rainey Bethea on
and may serve two consecutive termsAugust 14, 1936. Bethea was publicly
under the current Kentucky Constitution.hanged in Owensboro for the of rape and
Currently, the Kentucky attorney generalmurder of Lischia Edwards.
is Democrat Greg Stumbo.Irregularities with the execution led to
Federal representationthis becoming the last public execution
Kentucky's two Senators are Senatein the United States.
Minority Leader Mitch McConnell and JimKentucky has been on the front lines of
Bunning, both Republicans. The state isthe debate over displaying the Ten
divided into six CongressionalCommandments on public property. In the
Districts, represented by Republicans Ed2005 case of McCreary County v. ACLU of
Whitfield (1st), Ron Lewis (2nd), GeoffKentucky, the U.S. Supreme Court upheld
Davis (4th), and Hal Rogers (5th), andthe decision of the Sixth Circuit Court
Democrats John Yarmuth (3rd) and Benof Appeals that a display of the Ten
Chandler (6th).Commandments in the Whitley City
Judicially, Kentucky is split into twocourthouse of McCreary County was
Federal court districts: the Kentuckyunconstitutional.[39] Later that year,
Eastern District and the KentuckyJudge Richard Fred Suhrheinrich, writing
Western District. Appeals are heard infor the Sixth Circuit Court of Appeals
the Sixth Circuit Court of Appeals basedin the case of ACLU of Kentucky v.
in Cincinnati, Ohio.Mercer County, wrote that a display
Political leaningsincluding the Mayflower Compact, the
Where politics are concerned, KentuckyDeclaration of Independence, the Ten
historically has been very hard foughtCommandments, the Magna Carta, The
and leaned slightly toward theStar-Spangled Banner, and the national
Democratic Party, although it was nevermotto could be erected in the Mercer
included among the "Solid South." InCounty courthouse



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