PRINTER'S NO.  131

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE RESOLUTION

 

No.

6

Session of

2011

  

  

INTRODUCED BY GREENLEAF, ERICKSON, PIPPY, D. WHITE AND LEACH, JANUARY 12, 2011

  

  

REFERRED TO JUDICIARY, JANUARY 12, 2011  

  

  

  

A RESOLUTION

  

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Directing the Joint State Government Commission to establish a

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bipartisan task force and an advisory committee to conduct a

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study of capital punishment in this Commonwealth and to

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report their findings and recommendations.

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WHEREAS, In 1972, the Pennsylvania Supreme Court declared

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Pennsylvania's capital sentencing procedure unconstitutional

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based on the United States Supreme Court's Furman v. Georgia 

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decision; and

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WHEREAS, In 1978, the Pennsylvania General Assembly responded

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by reinstating capital punishment in compliance with United

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States and Pennsylvania Supreme Court rulings; and

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WHEREAS, Since 1978, 352 people have been sentenced to death

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in Pennsylvania but only three people have been executed; and

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WHEREAS, Each of the three people executed waived the right

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to appeal; and

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WHEREAS, There are more than 220 existing capital sentences;

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and

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WHEREAS, Questions are frequently raised regarding the costs,

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deterrent effect and appropriateness of capital punishment; and

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WHEREAS, The American Bar Association has identified several

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areas in which Pennsylvania's death penalty system falters in

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guaranteeing each capital defendant fairness and accuracy in all

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proceedings; and

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WHEREAS, The Pennsylvania Supreme Court Committee on Racial

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and Gender Bias in the Justice System has determined that

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racial, ethnic and gender biases exist and that those biases

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significantly affect the way parties, witnesses, litigants,

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lawyers, court employees and potential jurors are treated; and

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WHEREAS, Postconviction DNA testing has shown that there are

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wrongful convictions, even in capital cases; therefore be it

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RESOLVED, That the Senate direct the Joint State Government

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Commission to establish a bipartisan task force of four members

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of the Senate to conduct a study of capital punishment in this

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Commonwealth; and be it further

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RESOLVED, That the President pro tempore of the Senate

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appoint two members of the task force and the Minority Leader of

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the Senate appoint two members of the task force; and be it

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further

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RESOLVED, That the Joint State Government Commission oversee

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the creation of an advisory committee to assist the task force

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in conducting the study and making recommendations; the advisory

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committee to have approximately 30 members and be comprised of

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representatives from those groups most likely to make useful and

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insightful contributions, such as representatives of the

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judiciary, prosecution, defense, law enforcement, corrections,

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victim assistance organizations and also representatives of

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academia, the faith community, private and public organizations

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involved in criminal justice issues and other criminal justice

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experts; and be it further

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RESOLVED, That the task force, with the assistance of the

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advisory committee, conduct a study of the following subjects

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including:

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(1)  Cost: Whether there is a significant difference

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between the cost of the death penalty from indictment to

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execution and the cost of life in prison without parole; in

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considering the overall cost of the death penalty in

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Pennsylvania, the cost of all the capital trials that result

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in life sentences as well as death sentences that are

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reversed on appeal must be factored into the equation;

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(2)  Bias and unfairness: Whether the selection of

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defendants for capital trials in Pennsylvania is arbitrary,

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unfair or discriminatory in any way and whether there is

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unfair, arbitrary or discriminatory variability at any stage

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in the process including in the sentencing phase;

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(3)  Proportionality: Whether there is a significant

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difference in the crimes of those selected for the punishment

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of death as opposed to those who receive life in prison and

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whether there is an adequate process for determining when

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death sentences are excessive or out of line with sentences

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imposed in other cases where a sentence other than death was

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imposed;

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(4)  Impact on and services for family members: The

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impact of the death penalty on family members and loved ones

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of murder victims and the availability and cost of services

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currently being provided in Pennsylvania for family members

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and loved ones of murder victims and whether these services

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are sufficient to meet the needs of surviving families;

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(5)  Mental retardation: Whether, in light of the Supreme

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Court ruling in Atkins v. Virginia, there are adequate

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procedural protections in place to assure that people with

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mental retardation are not in fact being sentenced to death

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and executed;

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(6)  Mental illness: Whether persons suffering from

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mental illness constitute a disproportionate number of those

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on death row, what criteria should be used in judging the

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level of mental illness involved and whether people with

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mental illness who are convicted of murder should be

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executed;

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(7)  Juries: The impact on the reliability and fairness

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of capital trials of death qualifying jurors and the impact

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of this practice on the ability of women, people of color and

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people of faith to serve on capital juries; whether there are

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adequate procedural protections and remedies in place to make

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sure that women and African Americans are not excluded from

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serving as jurors in capital cases; and whether there are

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adequate procedural protections in place to assure that

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jurors are able to understand and apply instructions in

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determining guilt or innocence and the appropriate punishment

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in a capital case;

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(8)  State appeals and postconviction: Whether there are

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adequate procedures in place to assure that serious error in

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capital cases is identified and corrected and to what extent

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procedural doctrines, such as waiver or forfeiture, operate

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to prevent judicial review of serious constitutional claims

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on the merits;

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(9)  Clemency: Whether the current clemency process has

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procedures in place to assure that it functions as a safety

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net to assure that factual and procedural errors that

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directly undermine the reliability and fairness of a capital

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sentence are remedied;

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(10)  Penological intent: Whether the death penalty

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rationally serves a legitimate penological intent such as

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public safety or deterrence;

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(11)  Innocence: Whether there is a risk of execution of

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an innocent person and whether there are adequate procedural

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protections in place to prevent an innocent person from being

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sentenced to death and executed;

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(12)  Alternatives: Whether alternatives to the death

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penalty exist that would sufficiently ensure public safety

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and address other legitimate social and penological

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interests;

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(13)  Counsel: The quality of counsel provided to

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indigent capital defendants and whether such counsel and the

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process for providing counsel assures the reliability and

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fairness of capital trials;

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(14)  Secondary trauma: The impact of the death penalty

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process on law enforcement, prosecutors, defense counsel,

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judges, jurors, correctional officers, family members and

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loved ones of victims and family members of the accused;

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(15)  Length and conditions of confinement on death row:

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Whether the conditions comply with the requirements of the

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United States Constitution, the Constitution of the

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Commonwealth of Pennsylvania and standards of international

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law and the impact of those conditions on correctional

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officers;

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(16)  Lethal injection: Whether there are adequate

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procedures and protocols in place to assure that the death

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sentence is administered in accordance with requirements of

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the United States Constitution and the Constitution of the

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Commonwealth of Pennsylvania; and

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(17)  Public opinion: The opinions of Pennsylvania

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residents regarding capital punishment, including whether it

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is a just and appropriate punishment and, if so, under what

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circumstances should it be imposed;

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and be it further

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RESOLVED, That the task force and advisory committee hold

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public hearings as necessary to receive testimony about any of

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the subjects of study enumerated in this resolution; and be it

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further

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RESOLVED, That the task force and advisory committee report

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their findings and recommendations to the Senate no later than

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two years after the date this resolution is adopted.

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