The Death Penalty in the OSCE Area
Governor will make a case-by-case decision as to their sentences.90 A bill to impose
a three-year moratorium on death sentences and executions was introduced in the
State of Alabama. On 5 February 2013, the bill was referred for consideration to
the Senate Committee on Judiciary.91 Currently, 17 states are considering death
penalty repeal bills, including Alabama, Arizona, Arkansas, Colorado, Delaware,
Florida, Indiana, Kansas, Kentucky, Maryland, Missouri, Montana, Nebraska, New
Hampshire, Oregon, Texas and Washington.92
Bills to reinstate the death penalty are currently being considered in Iowa,
Massachusetts, New Jersey, New York and Washington.93 Texas, Kansas and Georgia
are taking steps to expand the scope of crimes that could carry the death penalty.94
During the reporting period, a number of states passed bills expanding the scope
of death penalty eligible offences. The Senate of the State of Alabama passed a bill
that provides for the death penalty in cases where a protective order was issued to
a murder victim against a defendant.95 The State of Florida passed a bill making
the use of the death penalty possible if a murder victim was a juvenile. The State of
Mississippi passed a bill adding terrorist acts as an aggravating factor in potential
capital cases.96
Legal Framework
In the United States of America, the death penalty is retained in the statutes of
32 states. The Federal Government, including the military justice system, also
allows this form of punishment. The death penalty is excluded in the jurisdictions
of Alaska, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts,
Michigan, Minnesota, New Jersey, New Mexico, New York, North Dakota, Rhode
Island, Vermont, West Virginia, Wisconsin and the District of Columbia. In New
Mexico, Connecticut and Maryland, repeals are not retroactive and, therefore, death
row inmates still remain in these states.97
90 “Statement from Governor Martin O’Malley on Passage of Death Penalty Repeal in Maryland”, the Office of Governor Martin O’Malley, 15 March 2013, <http://www.governor.maryland.gov/blog/?p=8492>.
91
Alabama Senate Bill 33, LegiScan, 5 February 2013, <http://legiscan.com/AL/text/SB33/2013>.
92 States considering death penalty repeal bills, Death Penalty Information Center, 2013, <http://www.deathpenaltyinfo.org/recent-legislative-activity>.
93 Ibid.
94
Ibid.
95 Ibid. See also Alabama Legislative Information System Online, follow: Bills – By Sponsor – Senator Scofield, <http://
alisondb.legislature.state.al.us/acas/ACASLoginie.asp>.
96
States considering death penalty repeal bills, op.cit., note 92.
97 “States with and without the death penalty”, Death Penalty Information Center, 2013, <http://www.deathpenaltyinfo.org/states-and-without-death-penalty>.
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