Satirist Stephen Colbert called the death penalty “as American as killing someone with an apple pie,” but jokes like that might not work much longer.
America’s death penalty appears to be crumbling.
On Friday the State House in Maryland voted to pass legislation to repeal the death penalty with a vote of 82-56. The State Senate already passed the legislation and the governor has promised to sign. So Maryland will become the sixth state in six years to end the death penalty.
I work with Equal Justice USA, a national organization that worked closely on the Maryland repeal campaign. From where I sit – in the thick of the death penalty repeal movement – I can tell you that the death penalty’s days are numbered.
Maryland proves that the death penalty is so inherently flawed that it can’t be “fixed.”
Maryland tried everything to make the death penalty work. They instituted a moratorium, a large-scale study, and a set of sweeping reforms in 2009 that made their death penalty the narrowest in the nation.
The architect of the reforms, Maryland Senator Bobby Zirkin, previously supported the death penalty but this year became a pivotal vote in favor of repeal. Zirkin said that even after all the reforms, Maryland still risked executing an innocent person.
Zirkin also said he was influenced by victims’ families, many of whom who wrote, called and appeared before the legislature.
Such families talked about how death penalty trials were agonizing and lengthy – and often promised one sentence in the beginning only to result in a another sentence in the end. The reforms only made the cases more complicated. Many African American victims’ families spoke of how the death penalty showers resources on a few cherry-picked cases (almost always ones in which the victims were white) while ignoring the things that might actually help them address their trauma and rebuild their lives – things like help with funeral expenses, specialized grief counseling, help navigating the legal system, and time off from work.
Maryland is the latest in a national trend of states concluding the death penalty is a failure.
Six states will have ended the death penalty in six years. Delaware introduced similar legislation last Tuesday. Nebraska lawmakers held death penalty hearings the same day. Other states like Colorado, Kansas, and Montana have come close in the past and will consider it again in the next few years
Nationally, the number of death sentences has continued to trend downward for the last decade. Just 43 people were executed and 77 death sentences were handed down in 2012. That’s just one more sentence than was issued in 2011, which saw the fewest number of people sentenced to death than in any year since the death penalty was reinstated in 1976.(see the Death Penalty Information Center) for more execution and sentencing statistics)
Maryland also proves that supporting repeal is no longer politically risky.
It is still critical, however, that Maryland lawmakers are acknowledged for what they have done. A few Maryland House Delegates in particular showed unwavering strength and leadership in making repeal happen. They deserve special recognition.
They also need to be reminded that there’s more to do. Governor O’Malley has pledged to use some of the savings from ending the death penalty to improving services for people who have lost loved ones to murder.
We can help make that happen.
Maryland’s death penalty will be over. That is a triumph in itself.
But justice is about more than just the absence of injustice.
Maryland has the opportunity to fill the space that the broken death penalty used to occupy with something that can actually work to make communities safer and healthier. And that should be way more American than killing someone with an apple pie.
Photo by FEWhite2 released under Creative Commons License




28 Comments

It’s still awfully popular here in Ohio. If somebody against it is running, they’d better hope their opponent is a MAJOR clown.
I make a point about cost whenever I can. The pro-death folks could care less about justice or morality or the possibility of errors, but they worry about their taxes.
Boxturtle (And I can lock up someone forever for WAY less than an execution)
There’s certainly plenty of info on the death penalty’s high costs. See ejusa.org/learn/cost
About Ohio – it’s true that your state has a large death row, but things are changing there, too.
Sentences are down. There have been a rash of commutations by the governor. And support for repeal has come from several unexpected places.
In 2011, Ohio Supreme Court Justice Paul Pfeifer (a Republican), a previously strong supporter of the death penalty who helped write the law that restored Ohio’s death penalty, urged lawmakers to repeal it.
Former Attorney General Jim Petro has also come out with strong concerns about the death penalty.
This year an Ohio Supreme Court Justice called the death penalty unconstitutional.
So there is cause for hope!
Pfeifer was JUST re-elected when he made that statement and odds are this was his last election. See if anybody planning to stay on the Supreme court follows his lead. O’Neill, who made that statement, was also just re-elected when he made it.
Not sure where you’re getting the idea of commutations by Ohio’s governor. As of last May, he’d commuted two and let 6 be executed.
While there are grounds for hope, a pro-death person running against an anti-death person will likely win just on that.
Boxturtle (I don’t expect to win in my lifetime, but perhaps in my stepsons lifetime)
Thank you for sharing the good news and for your perspective on the changes in thinking on this issue.
Good work in Maryland. What’s next?
I’d say go after the federal penalty. And pretend Texas doesn’t exist, at least for now.
Boxturtle (Next election in Ohio, a few bucks to advertize the cost might be well spent)
And I was just about to say “Come to TX.” Yep, a difficult sell, but there are some good folks working for a change.
CA’s anti-death penalty Referendum/Prop 34 was narrowly defeated last Nov. Those who campaigned in favor of 34 focused *mainly* on the costs involved in having someone on death row v. life imprisonment. Citizens were *amazed* at how expensive the death penalty is.
I believe, but have no link, that there will be another similar initiative in the near future (not sure about this year), and what was said was that there would be more “education” forthcoming on it.
I knew quite a few people who REALLY want a death penalty but don’t want to spend so much money on it. They don’t really give a shit about morality or justice or innocent people being killed “by mistake.” But they really don’t want to spend a lot of money on it.
Many citizens think the death penalty is “cheaper” than life imprisonment, which isn’t.
Cheers to MD. Hope other states follow suit.
You’re there. Do you think there’s a shot in the current environment? If so, would you aim at the legislature or the courts?
Boxturtle (Always figured it would take federal law to shut down Texas)
Gonna switch to drone assassinations.
and that’s really quite a pity because the day may come when the “people” demand the death penalty for Republicans and their fellow travelers in the “Democratic” Party.
emma, thanks very much. This is very good news.
Unfortunately, I think it’s just a reflection of the influence of the Prison-industrial-complex and the anti-choice folks dominating the GOP. Dead prisoners don’t bring in any revenue. They also don’t bring government funds into the county in which the jail is located. IMHO, anti-choice folks see this as strengthening their “forced-birth” position.
Hope I’m wrong.
You’re right
SAFE California focused on the financial aspects precisely because they knew the moral arguments wouldn’t work for a lot of people
It costs state taxpayers an extra $250,000,000 a year just to segregate and house the inmates on death row
I wrote a diary a few years ago on the issue
The populations of some countries are not to be trusted with executions… due mostly to racism, the US white population [mostly] isn’t to be trusted. the execution support demographic is collapsing as white identity continues to constitute a smaller and smaller percentage of the population. Minorities [for the most part] as they tend to be those most likely to be executed tend to not support them.
Link.
That’s not the same as keeping a prisoner on death row for a year.
There is a pretty active “anti” group that has definitely worked for repeal in the lege. Very little support there. But the group keeps at it. The courts would be a possibility; the last time it wss the US Supreme Ct, and that may also be a possibility again. Certainly nothing that Perry would sign….
Indeed, we lead the nation. Always have. Small problem arose when in recent years, DNA testing and other of them scientificy things proved we had two innocent men on “death row”. Yep, we stopped the executions. Paid the a ton of money and sent them home with a “shit happens” t-shirt.
Some guys deserve itm but ifn we can’t get it right, we’d betet stop. On a scale of 1-10, executin’the wrong guy is, well, a “10″.
I can tell you that the death penalty’s days are numbered.
the pertinent question with things inherently wrong and/or evil is never “if”, but “when”?!
…and second to that is how many innocent people have to be harmed (killed in this case) before the evil is stopped?
Silly me. They have been using assassination by cop, incendiary device for decades. So much more efficient.
You’re right, I shouldn’t have said annually
What I forgot to mention was how I got the $250 million number. From one of the links I gave …
Sen. Mark Leno
As I typed in 19, it is lower cost to just have the cops shoot them. Then you don’t have to pay for a day in jail, any court times, etc etc.
Thanks for the info. Do you know if there is another initiative in the works? I either heard or read something last Nov when Prop 34 was narrowly defeated that another initiative would be proposed “soon” with an even bigger push at “education” about the costs.
I think such a proposition would stand a chance of winning the next time out, although I know it’s mightily expensive to do Propsitions.
Thanks.
Don’t know, haven’t heard.
Yes, but you’re forgetting that doing so removes precious “income” from the Prison Industrial Complex. So assassination by cop happens somewhat less frequently due to the PIC “piper” demanding it’s “due.”
“Some deserve it” is a slippery slope. As you mention, there are errors. Then again, who decides “who deserves it?” If you’re making a moral argument, then taking a life is not OK. The anti-dp activists are looking for no death penalty.
Good point. I suppose they play scissors, paper, rock to determine whether the victim gets assassinated or stuck in jail.
Oooo, oooo.
I figured out how it night work.
Labor leaders who haven’t been bought, hackers who haven’t been bought, leaders of movements the USG doesn’t like, those sorts, will be suicided or droned.
Some, esp peeps of color, who are WWB (walking while black) will be eliminated by cops, planted guns, etc. That will intimidate mass movement grass routes leaders from developing.
There rest will be considered fodder for the PIC.
I’m not in the planning dept of PIC, PTB, cops, so my evaluation of their plans may need refinement. Chime in.
Here is what I would like to see. You must be a mass murderer sociopath of the Tim McVey, Ted Bundy, Jeff Dalhmer type. Fast trial fast death. Other than this no death penalty.