News and Developments 2008: Recent Legislative Activity

In December 2007, New Jersey became the first state to legislatively abolish the death penalty in 40 years.  In commenting on the absence of capital punishment for one year, a number of state prosecutors found no problems with the new system.  "We have not viewed it as an impediment in the disposition of murder cases," said Hudson County Prosecutor Edward DeFazio, who served on a state study commission that reviewed the death penalty. "As a practical matter, we have really seen no difference in the way we conduct our business in prosecuting murder cases."

 

A legislative committee created to study the death penalty in Tennessee has recommended ways to ensure capital cases are handled fairly and effectively.  The committee approved a resolution that asks lawmakers to create a statewide authority whose duties would include identifying lawyers experienced in capital cases, raising the standard pay for such attorneys, and monitoring their caseloads.

Thomas Lee, a Tennessee attorney on the committee, said such an authority would help ensure that "trials are done right the first time."  The committee, created last year after the state legislature decided Tennessee’s death penalty system needed to be examined for fairness and accuracy, will present its findings to the Governor and lawmakers.

The Maryland Commission on Capital Punishment voted on November 12 to recommend the abolitiion of the death penalty in the state. In a 13-7 vote, the Commission cited the possibility that an innocent person could be mistakenly executed, as well as geographical and racial disparities in how it is used.

On October 1, the U.S. Supreme Court denied Louisiana's request for a rehearing of the Court's ruling striking down the death penalty for non-homicidal offenses against individuals. Louisiana contended that a recent adjustment to military law that continued to allow the death penalty for child rape should have been taken into account by the Court, resulting in a different opinion. The Court slightly modified both the majority and dissenting opinions to include reference to the military code.

A new Texas Criminal Justice Integrity Unit has been formed by the Texas Court of Criminal Appeals to address concerns in the justice system and to work with inmates who may have been wrongfully convicted.  The state's highest court for criminal matters will study issues such as eyewitness identification, crime lab reliability, police interrogations, and standards for preserving evidence.  Since 2001, 33 men have been exonerated in Texas, including one man from death row.  Texas leads the country in executions.  Court of Criminal Appeals Judge Barbara Hervey stated that the unit