News and Developments 2012: Victims

NEW VOICES: South Carolina Officials Point to Costs and Uncertainty for Death Penalty's Decline

Use of the death penalty has decreased in South Carolina, and some state officials are pointing to the high costs and uncertainty of capital punishment as reasons for this decline. The state has had only one execution in the past three years, and the size of death row has declined almost 30% since 2005.  No one was sentenced to death in 2011.  Prosecutor David Pascoe initially planned to seek the death penalty for a mother who killed her two children, but later changed his mind, with cost being one factor:  "Once you file for the death penalty, the clock gets moving and the money, the taxpayers start paying for that trial," he said.  Representative Tommy Pope (pictured), a state legislator and former prosecutor who sought the death penalty for Susan Smith in a similar murder, now would tell victims' families to consider agreeing to a life-without-parole sentence instead of the death penalty.  Life without parole was adopted by the state in 1995.  It "allow[s] them a measure of closure that three retrials in a death penalty case never would," Pope said. 

RECENT LEGISLATION: Governor's Signature Makes Connecticut Fifth State in Five Years to End Death Penalty

On April 25, Connecticut Governor Dannel Malloy (pictured) signed into law a bill that replaces the death penalty with life without parole.  Connecticut is the fifth state in five years, and the 17th overall, to do away with capital punishment.  Governor Malloy, who once supported the death penalty, offered the following statement: “My position on the appropriateness of the death penalty in our criminal justice system evolved over a long period of time. As a young man, I was a death penalty supporter. Then I spent years as a prosecutor and pursued dangerous felons in court, including murderers. In the trenches of a criminal courtroom, I learned firsthand that our system of justice is very imperfect. While it’s a good system designed with the highest ideals of our democratic society in mind, like most of human experience, it is subject to the fallibility of those who participate in it. I saw people who were poorly served by their counsel. I saw people wrongly accused or mistakenly identified. I saw discrimination. In bearing witness to those things, I came to believe that doing away with the death penalty was the only way to ensure it would not be unfairly imposed."  See more of the governor's statement below.

Connecticut Senate Poised to Vote on Death Penalty Repeal

The Connecticut Senate is expected to vote as early as Wednesday (April 4) on a bill to replace the death penalty with a sentence of life without parole. The bill, which would only affect future sentencing, passed the Judiciary Committee on March 21 and needs at least 18 votes to pass in the Senate. If it passes the Senate, it is considered likely to pass the House, and Governor Dannel Malloy has pledged to sign the bill into law. A similar bill passed the General Assembly in 2009, but was vetoed by then-Governor Jodi Rell. Murder victims’ families and friends are among the strongest supporters of the repeal. A letter signed by 179 Connecticut murder victims’ families stated, “Our direct experiences with the criminal justice system and struggling with grief have led us all to the same conclusion: Connecticut’s death penalty fails victims’ families.... In Connecticut, the death penalty is a false promise that goes unfulfilled, leaving victims’ families frustrated and angry after years of fighting the legal system. And as the state hangs onto this broken system, it wastes millions of dollars that could go toward much needed victims’ services.” If Connecticut repeals the death penalty, it will become the 5th state to do so in the past 5 years. Illinois, New Mexico, New Jersey, and New York have all abandoned the death penalty in recent years. Other states are also considering repeal of the death penalty, including California, where 800,000 signatures have been gathered to place the issue on the ballot in November.

NEW VOICES: Victims' Family Members Voice Concerns About Death Penalty

A recent op-ed in the Litchfield (Connecticut) News highlights concerns about the death penalty as expressed by murder victims’ families. Mary Healy and Jane Caron are social work professionals who also experienced a murder in their families. In their recent op-ed, they stated that Connecticut's death penalty does not sufficiently care for the needs of victims: “The problem with the death penalty is that it maintains a focus on the murderer when the focus rightly belongs with the people the murderer has harmed. The misplaced emphasis is evident by the fact that, while crucial victims’ services and crime prevention programs are not funded to their optimal level, the state spends between $4 million to $7 million annually on a death penalty system where the focus is primarily on the murderer.”  The writers further explained that murder victims’ survivors endure much pain during trial and appeals: “Capital cases receive greater media attention and increased public scrutiny. When a death sentence is handed out, to the public, it seems like the case is over and ‘justice’ has been served. However, this sentence sets into motion a decades-long process that the survivors must continue to live through. Being entrenched in a legal system can be harmful to anyone; to those suffering from traumatic grief, the injury is compounded.”  Healy and Caron concluded, “The death penalty is not what victims need. If we are serious about caring for the needs of victims, we will abandon the pretense of the death penalty and work for real solutions.”  Read full op-ed below.

--Update: Victims' family members held a press conference in Connecticut on February 29.  To see video of the event, click here.