Legislature(1995 - 1996)
03/27/1996 01:50 PM Senate FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 52
An Act authorizing capital punishment, classifying
murder in the first degree as a capital felony, and
establishing sentencing procedures for capital
felonies; authorizing an advisory vote on instituting
capital punishment; and providing for an effective
date.
Co-chairman Halford directed that SSSB 52 be brought on for
discussion and referenced CSSSSB 52 (Jud). He explained
that the judiciary version provides only for an advisory
vote on the issue of capital punishment. The only reason it
was referred to Finance is the $2.2 fiscal note from the
Division of Elections.
CHARLES CAMPBELL first came forward to speak to the bill.
He advised that he came to Alaska in 1979 as director of
corrections and would be testifying based on many years of
experience in criminal justice.
He voiced his belief that an advisory vote on capital
punishment could initiate a public policy with tremendous
costs in the future. Further, an affirmative majority on
the advisory vote will make it extremely difficult for
legislators to vote against the death penalty. Since the
death penalty would not be good for Alaska, the committee
would be prudent to set the bill aside until there is
opportunity for additional research beyond that conducted in
Senate Judiciary.
If presented to the public at this time, Alaska's residents
will be voting on the basis of "a great deal of
misinformation." It would be a disservice to present the
question to voters under those circumstances.
Mr. Campbell voiced his belief that there are no rational
arguments in favor of the death penalty. He then referenced
evidence which he said indicates that the death penalty in
America "has caused murders that might have otherwise not
been committed." Death penalty states consistently show
higher murder rates than states without capital punishment.
Reinstitution of the death penalty has preceded increases in
murder rates. Canada abolished the death penalty in 1976,
and the murder rate decreased. In the past year, the state
of Texas executed three times more prisoners than any other
state, and the murder rate in Texas is 14 per 100,000--twice
the national average. Review of the death penalty in New
York State over a 60-year period (1906-1966) evidences a
pattern of two additional murders during each month
following one or more executions. Findings indicate that
those who are predisposed to violent behavior are more
likely to be incited than deterred by the prospect of
execution. Mr. Campbell acknowledged that statistics
provide indications rather than absolute conclusions.
Mr. Campbell said he recognized the political appeal of
capital punishment, particularly in districts where
constituents feel strongly about the issue. While most
people believe in the death penalty from time to time, for
particular crimes, when all facts are considered, there are
no arguments in favor of it. There are no national
organizations working for perpetuation of the death penalty.
A better approach would be for the legislature to research
what is happening throughout the United States and provide
information to constituents. In his closing remarks, Mr.
Campbell stressed that capital punishment is not good public
policy. It will not control crime.
Senator Randy Phillips referenced prior advisory votes and
noted that the legislature took no action based on any of
them. Mr. Campbell suggested that on this issue the
legislature should advise the voters rather than the voters
advising the legislature. Senator Phillips said that voters
would review the facts prior to a vote. Mr. Campbell
suggested that the right information might not be provided.
Surveys indicate that the majority thinks the death penalty
is inexpensive and would save money.
SUSIE GREGG FOWLER next came before committee. She voiced
concern that the intent of the advisory vote is to limit
discussion on merits and costs of capital punishment. That
discussion should occur with statewide public participation.
Presenting Alaskans with an advisory vote on capital
punishment would be a great disservice in that many
residents are not well informed about current punishment for
those convicted of murder. A recent poll shows that 78
percent of Alaskans believe that those convicted of first
degree murder are released after one to twenty years. In
fact, there is no release after twenty years, and the
average sentence is eighty to ninety years. People are
frightened by stories of those who get out and kill again.
Those stories have remained in the mind of the public rather
than actual facts about what the criminal justice system
provides.
A second problem with the advisory vote relates to the
question being asked. The death penalty information center
released a report, three years ago, which indicated that
when the public is simply asked whether it is for or against
the death penalty, a high percentage (77%) responds
affirmatively. When asked if they support the death penalty
or life without parole plus restitution, support for capital
punishment dropped to 49 percent, and 44 percent preferred
life imprisonment. Opposition to the death penalty does not
suggest that one is soft on crime. At issue is the moral
question of life or death and the appropriateness of the
state taking a life.
Mrs. Fowler voiced need for leadership which does not pander
to public fears but seeks different opinions and then makes
courageous and responsible decisions. She suggested that
there is no compelling reason for the advisory vote.
ANNIE CARPENETI, Assistant Attorney General, Criminal
Division, Dept. of Law, next came before committee voicing
opposition to the bill. She stressed that the death penalty
is an extremely difficult subject. It is associated with
issues that need debate within the legislature. Asking a
single question for or against capital punishment is unfair.
Will voters know that it costs from three to six times more
to execute a prisoner than to house an inmate for the rest
of his or her life?
Ms. Carpeneti next spoke to problems capital punishment
would cause prosecutors because it "skews the case law for
all cases." Many decisions in a criminal case are committed
to the discretion of a trial judge. When the stakes are as
high as the death penalty, judges will want to ensure that
they are correct. They will bend over backwards to do so.
The criminal justice system is not perfect. It has resulted
in execution of innocent people in the past. There is no
reason to expect that will not occur in the future. No
information evidences that capital punishment deters murder.
The Dept. of Law is getting long sentences for those
convicted of first degree murder.
In territorial days, when capital punishment was in effect,
evidence indicates that non-whites were executed at a much
higher rate than whites, for similar offenses. This is a
problem all states with death penalty provisions are
attempting to address.
In her concluding remarks, Mrs. Carpeneti advised that the
death penalty is wrong. Violence should not be answered
with violence. Research shows that if a single question, as
contemplated by the advisory vote, is placed before the
public, the response is affirmative. A selection of options
provides a much different response. There is concern that
an advisory vote asking only one question will be perceived
as a public mandate.
Comments followed by Senator Randy Phillips reiterating
earlier statements that the legislature has not, in the
past, acted on advisory votes.
Senator Sharp requested a brief at ease.
RECESS - 3:15 P.M.
RECONVENE - 3:30 P.M.
Senator Sharp MOVED that CSSSSB 52 (Jud) pass from
committee. Senator Zharoff OBJECTED. Co-chairman Halford
called for a show of hands. The motion carried on a vote of
5 to 1, and CSSSSB 52 (Jud) was REPORTED OUT of committee
with a $2.2 fiscal note from the Office of the Governor
(Division of Elections) and zero notes from the Dept. of
Public Safety and the Alaska Court System. Co-chairmen
Halford and Frank and Senators Phillips and Sharp signed the
committee report with a "do pass" recommendation. Senators
Rieger and Zharoff signed "no recommendation."
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