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Maryland Commission on Capital Punishment

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Maryland Commission on Capital Punishment MARYLAND COMMISSION ON CAPITAL PUNISHMENT FINAL REPORT TO THE GENERAL ASSEMBLY December 12, 2008 TABLE OF CONTENTS TABLE OF CONTENTS............................................................................................................... 2 COMMISSIONER LIST................................................................................................................ 4 ACKNOWLEDGMENTS FROM THE CHAIRMAN.................................................................. 6 INTRODUCTION.......................................................................................................................... 7 EXECUTIVE SUMMARY............................................................................................................ 9 1. RACIAL DISPARITIES ................................................................................................. 10 2. JURISDICTIONAL DISPARITIES................................................................................ 12 3. SOCIO-ECONOMIC DISPARITIES ............................................................................. 14 4. THE COMPARISON OF COSTS ASSOCIATED WITH DEATH SENTENCES AND THE COSTS ASSOCIATED WITH SENTENCES OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE ........................................................................................... 15 5. THE EFFECTS OF PROLONGED COURT CASES INVOLVING CAPITAL PUNISHMENT AND THOSE INVOLVING LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE.................................................................................................... 16 6. THE RISK OF INNOCENT PEOPLE BEING EXECUTED......................................... 18 7. THE IMPACT OF DNA EVIDENCE IN ASSURING FAIRNESS AND ACCURACY IN CAPITAL CASES............................................................................................................... 20 DETERRENCE........................................................................................................................ 22 FINAL RECOMMENDATION OF THE MARYLAND COMMISSION ON CAPITAL PUNISHMENT......................................................................................................................... 23 VOTING RECORD ................................................................................................................. 25 ISSUE 1: RACIAL DISPARITIES.............................................................................................. 26 Racial Disparities Throughout the Criminal Justice System.................................................... 26 Racial Disparities in the Maryland’s Capital Sentencing System............................................ 27 Racial Bias and Capital Juries.................................................................................................. 31 The Negative Effects That Racial Disparities Have on the Criminal Justice System.............. 32 ISSUE 2: JURISDICTIONAL DISPARITIES ............................................................................ 36 The Presence of Jurisdictional Disparities in Maryland’s Capital Punishment System .......... 36 The Source of Jurisdictional Disparities in Capital Cases....................................................... 38 The Problem with Jurisdictional Disparities............................................................................ 39 ISSUE 3: SOCIO-ECONOMIC DISPARITIES.......................................................................... 41 ISSUE 4: A COMPARISON OF THE COSTS ASSOCIATED WITH DEATH SENTENCES AND THE COSTS ASSOCIATED WITH SENTENCES OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE ........................................................................... 44 The Cost of Capital Cases........................................................................................................ 44 Why Do Capital Cases Cost More? ......................................................................................... 47 What Has Maryland Gained From Its Capital Punishment System? ....................................... 50 Will Elimination of the Death Penalty Increase Some Costs?................................................. 52 2 ISSUE 5: A COMPARISON OF THE EFFECTS OF PROLONGED COURT CASES INVOLVING CAPITAL PUNISHMENT AND THOSE INVOLVING LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE ........................................................................... 55 ISSUE 6: THE RISK OF INNOCENT PEOPLE BEING EXECUTED .................................... 61 A. Introduction ..................................................................................................................... 61 B. Widespread Exonerations and Reversals Reveal Fatal Flaws in the Capital System...... 62 C. Frailty of Eyewitness Testimony..................................................................................... 64 D. False Confession Cases ................................................................................................... 66 E. Limitations of Science..................................................................................................... 70 F. Legal Complexities and Prohibitive Defense Costs ........................................................ 75 G. Erosion of Public Trust and Confidence in the Judicial System..................................... 79 ISSUE 7: THE IMPACT OF DNA EVIDENCE IN ASSURING FAIRNESS AND ACCURACY IN CAPITAL CASES............................................................................................ 82 A. Role of DNA Evidence in Investigations, Prosecutions, and Exonerations.................... 82 B. Scarcity of Credible DNA Evidence ............................................................................... 84 C. “DNA is a Hard Science”................................................................................................ 85 D. DNA Labs Are Not Error-Free........................................................................................ 89 E. DNA Laws in Maryland .................................................................................................. 90 F. Conclusions Relating to DNA......................................................................................... 93 OTHER ISSUES .......................................................................................................................... 95 Deterrence ................................................................................................................................ 95 A Religious Perspective on Capital Punishment.................................................................... 105 The Risk to Correctional Officers.......................................................................................... 108 Juror Issues: Comment Arising from Jury Composition and Qualification........................... 110 APPENDIX A: Report of the Victims’ Subcommittee.............................................................. 111 Victim Services in Maryland ................................................................................................. 111 Victim Services in the Future for Maryland .......................................................................... 112 Conclusion of the Victims’ Subcommittee............................................................................ 117 Victims’ Subcommittee Chart................................................................................................ 119 APPENDIX B: Commission Member Biographical Information.............................................. 120 APPENDIX C: Testimony List.................................................................................................. 125 SOURCES CITED ..................................................................................................................... 128 Articles, Reports and Lectures ............................................................................................... 128 Oral Testimony....................................................................................................................... 130 Written Testimony ................................................................................................................. 132 Maryland Statutes and Regulations........................................................................................ 133 Court Cases ............................................................................................................................ 133 3 COMMISSIONER LIST1 Commission Chairman: Benjamin R. Civiletti, former U.S. Attorney General, senior partner at Venable LLP, jointly appointed as Chairman by the Governor, the President of the Senate of Maryland, and the Speaker of the House of Delegates. Commissioners: Senator Jamie Raskin, appointed by the President of the Senate Senator James N. Robey, appointed by the President of the Senate Delegate Adrienne A. Jones, appointed by the Speaker of the House Delegate William Frank, appointed by the Speaker of the House Shanetta J. Paskel, representing Attorney General Douglas Gansler The Honorable William Spellbring, former member of the Judiciary appointed by the Chief Judge of the Court of Appeals Gary Maynard, Secretary of the Department of Public Safety and Correctional Services Katy C. O'Donnell, Chief Attorney of the Maryland Office of the Public Defender's Capital Defense Division, designated by the State Public Defender Scott Shellenberger, Baltimore County State’s Attorney, designated by the president of the Maryland State’s Attorneys’ Association
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