DPIC is collecting information on pending legislation related to the death penalty. For example, at least nine states will consider bills to repeal the death penalty in 2012. In California, a coalition called Taxpayers for Justice has been collecting signatures to place a death penalty repeal initiative on the ballot in November. On January 25, the Washington Senate Judiciary Committee held a public hearing on a bill to repeal the death penalty. The bill’s sponsor, Sen. Debbie Regala, cited high costs as a reason for the bill: “We can keep the public safe with putting people in prison for the rest of their life, as opposed to the costly expense of executing them… It's always important and valuable for us to look at public policy and see if it's actually getting us the results that we want. When you're facing an economic crisis, you add an extra lens." Other states considering repeal bills are Connecticut, Florida, Georgia, Kansas, Maryland, Nebraska, and Pennsylvania. A few states, such as New Hampshire, have blls to expand the death penalty.
On February 25, the U.S Supreme Court agreed to review a decision by the Kansas Supreme Court overturning the conviction and death sentence of Scott Cheever, who killed a sheriff during a drug investigation. Cheever argued that his own drug use made it impossible for him to have killed with premeditation, a factor necessary for a capital murder conviction. The case had been previously charged in federal court. In that case, the trial judge had ordered a mental health evaluation because Cheever was similarly claiming a lack of intent due to drug use. The federal charges were eventually dismissed, and the state took up the prosecution. At the state trial, the prosecution used Cheever's statements during the mental evaluation to rebut his claim of incapacity. The Kansas Supreme Court held that to be a violation of Cheever's 5th Amendment protection against self-incrimination. Generally, statements from a state mental health evaluation may only be used against the defendant if he has raised a defense based on a mental disease or defect. The Kansas Court held that Cheever's claim of drug use was not such a defense. The case, Kansas v. Cheever, No. 12-609, will be argued in the fall.
A recent column in The Economist examined the growing number of governors and other political leaders in the U.S. who are challenging the death penalty. In Arkansas, Governor Mike Beebe (pictured) announced in January that he would sign a death penalty abolition bill if the legislature sent him one. In Maryland, Governor Martin O'Malley has led a push to repeal the death penalty. Colorado Governor John Hickenlooper said he is reconsidering his support for the death penalty as that state considers its repeal. New Hampshire's new governor, Maggie Hassan, indicated she would sign a repeal bill if it reaches her, after two previous governors vetoed such actions. In Oregon, Governor John Kitzhaber suspended executions for the remainder of his term and asked legislators to review the issue. The Republican governors of Ohio and Kansas also have reservations about the death penalty. Governor John Kasich of Ohio has granted four commutations in capital cases, citing the need for fair trials, and Governor Sam Brownback of Kansas said capital punishment should be reserved for figures like Osama bin Laden. The author in The Economist contrasted these developments with Arkansas' former governor, Bill Clinton, who flew home from campaigning for president in 1992 to oversee an execution. The article stated, "[T]he death-penalty debate has changed in ways that go beyond day-to-day politics. It is less loud and more sceptical, giving thoughtful governors room to question a policy that causes them anguish—because they think it arbitrary, ineffective and costly, and because they impose it."
Kansas reinstated the death penalty in 1994, but no executions have been carried out since 1965. On average, the state sentences less than one person to death per year. Four of those death sentences have been overturned in the early round of appeals, including that of Scott Cheever, whose capital conviction was unanimously reversed by the Kansas Supreme Court on August 24. No death sentence that has reached the state's highest court has been upheld. During Cheever's 2007 trial, a psychiatrist revealed the defendant's psychological records without his consent, thereby violating his right against self-incrimination. Donna Schneweis of the Kansas Coalition Against the Death Penalty commented on what this latest reversal meant, “In a death penalty trial, even a small mistake can mean the difference between life and death. This case is another example of just how flawed the Kansas death penalty is. We can’t eliminate the possibility of error.” 
DPIC is pleased to announce the completion of our 