Death Penalty

Yesterday's Maryland Commission on Capital Punishment featured a continuation of racial, jurisdictional, and socio-economic disparities in capital punishment sentencing. The Commission heard expert testimony on the U.S. Supreme Court and Maryland Death Penalty Law. The exploration of these topics offered revealing questions about the practicality of the death penalty in Maryland and the costs associated with it for adequate representation.

Public testimony was given by several murder victims' family members. The daughter of an elderly murdered couple advocated for reform of the death penalty, so that their killer could be executed for a crime that had been committed twenty five years before. Other family members were on the other side of the spectrum, and pushed for resources to be directed away from the death penalty and towards grief counseling, victim's services, and public safety. All of the personal testimony by victim family members was heartbreaking, and my heart goes out to them.

Katelyn Ryan, the former president of her college's Amnesty International chapter and an intern at AI, testified as a resident of Maryland and was kind enough to allow us to reprint her words:

"Growing up and being a part of the generation that I am, I feel as though Americans today are arguably faced with more adversity with regard to international ill sentiments than Americans of previous generations. I have had the opportunity to travel internationally and have even been privileged enough to live abroad. I found myself falling victim to the ecological fallacy and that many foreigners, in light of the events of the past 8 years, have lost a considerable amount of respect for the United States. Therefore, I feel that today, more than ever, there exists an imperative and grave need for Maryland and other practicing states to abolish the death penalty. With the Human Rights violations that have taken place in Guantanamo Bay, Cuba, Abu Ghraib Prison in Iraq, and Bagram prison in Afghanistan, America is desperate to restore this image of being an ethical nation-state, leading the world by setting a positive example. The death penalty, or capital punishment as some choose to refer to it as, in the 21st century serves only as an impediment to America restoring its positive image. The death penalty blatantly undermines what is enshrined in the Universal Declaration of Human Rights, and profound issues of discrimination exist in our legal system. In addition, in the past, mentally ill and incompetent have been executed, as well as the probably innocent. Supporters of the death penalty will argue that the death penalty aims to serve as a deterrent, encouraging individuals to think of the consequences of their actions before they act. However, statistics have shown otherwise. Others will say that the death penalty is about retribution. Well, to those supporters, I would like to reiterate what Gandhi said regarding the death penalty "An eye for an eye makes the whole world blind". By allowing the death penalty to continue in this country, we are implicitly saying that violence and vengeance is OK. If we kill those who have killed others or who have committed heinous crimes, aren't we at the same time lowering our principles, ethics and standards? My heart and sympathy goes out to the victims and their families who have suffered profound injustices. I honestly can't even begin to relate to the pain they endure each and every day. But the America I believe in would not kill individuals at the hands of the state, and in doing so, perpetuate a cycle of violence. I can only hope that Maryland will follow in the footsteps of states like New Jersey and repeal the death penalty."

Lauren Dudley, an Amnesty International member, intern, and University of Maryland student also testified last week and did an excellent job. She also allowed me to reprint her words:

Good Afternoon. My name is Lauren and I am a resident of Montgomery County and a student at the University of Maryland's College Park Campus.  I am here today to voice my support for the abolition of the death penalty here in the state of Maryland. The U.S. Supreme Court has already been unable to overturn statutes of capital punishment for racial reasons, as in McClesky v. Kemp, because in a single case it is difficult to prove whether the decision makers acted with a specific discriminatory purpose.  Even if this is were proven in the state of Maryland, it would only pertain to whatever case is at hand.  Yet we do have proof in recent studies that capital punishment has been racially administered in the state of Maryland, maybe not on purpose but due to our own unconscious prejudices, and lives should not be taken because of such discretion by the prosecutor or the jury. Beyond this, it is not for the most heinous crimes that citizens receive the death penalty but for such crimes allegedly committed by those without a skilled, heavily compensated lawyer who can get them a lesser sentence or by those who may not be able to give additional aid to prosecutors and thus cannot enter into a plea bargain and receive a lesser sentence.  Then there are aggravating and mitigating circumstances used to further sway the jury.  These would all point to luck, and being lucky enough to not receive the death penalty. There is even a moratorium today on executions by lethal injection in Maryland for procedural reasons.  Instead of fixing the current statute, why not instead repeal the death penalty?  There are too many flaws associated with the policy and I feel that it doesn't serve on of its main purposes: to make us feel safer.  The death penalty does not make students feel safer when we are walking through College Park at night.  Nor do I feel as if my self-worth is the same as another's when the race of the victim has so much to do with what punishment is sought and administered. Maryland is a great state known for its history, diversity, and proximity to Washington, DC.  As a state we have evolved so much since the first settlers arrived here in 1631.  Since that time capital punishment has gone through stages from executions being public to the number of crimes eligible for capital punishment being reduced to one: first degree murder, to at least three different moratoriums in the last forty years.  Abolition of the death penalty in 2009 should be next. Thank You.

I feel that these two brave young people impressed the Commission by their strength, conviction, and eloquence, and I feel very lucky to have been able to hear their candid thoughts. Patrick Corrigan at Amnesty International's UK office has also shared his thoughts regarding the international community's view of the American death penalty system.  

If you are a resident of Maryland, please consider attending the hearings, or submitting written testimony.  

Emily

DPAC