Maryland commission recommends abolition of DP

[happyhaddock]

Maryland commission recommends abolition of death penalty

Posted on December 12, 2008 by Gideon

I seem to have a knack for these things. I post about something and the next day there’s some news on that subject (or it could just be coincidence - take your pick). After yesterday’s post on the death penalty, I was but a little surprised to see two interesting news items today. The first is this very thorough and deeply interesting report [pdf] from the Maryland Commission on Capital Punishment. A legislatively created body, the Commission was charged in 2008, with evaluating the racial, socio-economic, geographic and other influences on the death penalty and to make a recommendation as to its continued viability.

In a 13-9 vote, the Commission today recommended abolition of the death penalty in Maryland. In preparing this report:

The Commission held five public hearings where testimony from experts and members of the public was presented. The Commission also held five additional meetings where the testimony and evidence presented to the Commission was discussed and later voted upon. The Commission has made a recommendation concerning the application and administration of capital punishment in the State so that they are free from bias and error and achieve fairness and accuracy.

So, let’s cut to the chase. The findings of the Commission are these:

• Racial disparities exist in Maryland’s capital sentencing system.
  
• Jurisdictional disparities exist in Maryland’s capital sentencing system.
  
• Due to a lack of research on socio-economic disparities in Maryland, the Commission does not reach a conclusion on this matter.
  
• The costs associated with cases in which a death sentence is sought are substantially higher than the costs associated with cases in which a sentence of life without the possibility of parole is sought.
  
• While both life without the possibility of parole and death penalty cases are extremely hard on families of victims, the Commission finds that the effects of capital cases are more detrimental to families than are life without the possibility of parole cases. The Commission recommends an increase of the services and resources already provided to families of victims as recommended by the Victims’ Subcommittee.
  
• Despite the advance of forensic sciences, particularly DNA testing, the risk of execution of an innocent person is a real possibility.
  
• While DNA testing has become a widely accepted method for determining guilt or innocence, it does not eliminate the risk of sentencing innocent persons to death since, in many cases, DNA evidence is not available and, even when it is available, is subject to contamination or error at the scene of the offense or in the laboratory.

The Commission finds that there is no persuasive evidence that the death penalty deters homicides in Maryland.
Ultimate Recommendation: The Commission recommends abolition of capital punishment in the state of Maryland.
Oddly, a lot of the individual findings were heavily supported, yet the overall recommendation was passed by a vote of only 13-9. For example, the “closest” vote was 16-5 in favor of the finding #7. The deterrence finding was supported 17-4. That goes to show that, for some, there is an inherent bias in favor of the death penalty and an inherent support of the death penalty in face of the many obvious problems associated with it.

Whether the legislature adopts this report and its conclusions remains to be seen. Undoubtedly, though, this is a big win for abolitionists. The momentum’s a-comin’.

[pumpkinpie]

Maryland Commission Recommends Abolition of the Death Penalty

On December 12, 2008, the Maryland Commission on Capital Punishment issued a final report on the death penalty to the General Assembly following several months of public hearings and meetings during which evidence was presented from experts and the general public. Highlighting problems of racial and geographic disparity, high costs, risk of innocence, impact on murder victims families, and no deterrent effect, the Commission recommended that the death penalty be abolished by a vote of 13-9.



Excerpts from the report:

Racial and Jurisdictional Disparities:

"Race plays such a significant role that it overshadows several of the statutorily required factors in Maryland’s system of guided discretion."

"The geographical variability within the state of Maryland with regard to capital cases renders the process non-uniform, arbitrary and capricious."

Costs:

"The cost of pursuing a capital case is estimated conservatively to be at least three times the cost of a non-death penalty homicide prosecution ($1.1 to $2.9 million)."

"[T]he direct savings [of not using the death penalty] calculated from 1978 to 1999 would amount to $186 million dollars, which is the value of the resources that could be used for other purposes by members of the criminal justice system."

"The Commission agrees [with witnesses who testified] and finds that the vast resources that are currently devoted to an uncertain and arbitrary death sentence system could be better utilized to stop homicides and other violent crimes before they occur."

Victims:

"While both life without the possibility of parole and death penalty cases are extremely hard on families of victims, the Commission finds that the effects of capital cases are more detrimental to families than are life without the possibility of parole cases."

"Many family members of murder victims who came before the Commission asked that the Commission not only recommend repeal of the death penalty, but more importantly, recommend that a portion of the money and resources saved through abolishment of the death penalty be redirected to provide additional services to families of murder victims."

Innocence:

"The reversal rate for capital cases in Maryland outpaces that of many other jurisdictions, totaling eighty percent (80%) for the years 1995-2007. The figures pertaining directly to exonerations, and the high percentage of reversals overall (regardless of the outcome upon retrial), suggest that there are flaws in the system that might allow innocent persons to be executed."

"We do not accept the notion that the high rate of reversals in capital cases means that the criminal justice system will eventually catch all wrongful convictions prior to execution. Rather, the high rate of reversals reflects basic errors in the criminal justice system that at once pose risks to innocent persons and give the guilty repeated chances to escape punishment."

"[W]hile DNA testing has become a widely accepted method for determining guilt or innocence, it does not eliminate the risk of sentencing innocent persons to death since, in many cases, DNA evidence is not available and, even when it is available, is subject to contamination or error at the scene of the offense or in the laboratory."

Deterrence:

"[T]he Commission is convinced by the strong consensus among respected social scientists that sound research does not support the proposition that capital punishment deters murders."

Conclusion:

"For all of these reasons—to eliminate racial and jurisdictional bias, to reduce unnecessary costs, to lessen the misery that capital cases force victims of family members to endure, to eliminate the risk that an innocent person can be convicted—the Commission strongly recommends that capital punishment be abolished in Maryland."

For the entire report, click here.
To see the commission members, click here.

www.deathpenaltyinfo.org