KCADP Newsletter No. 2, 1987 October

KCADP

Kentucky Coalition To Abolish The Death Penalty

NEWSLETTER NO. 2

October 1987

wk & *& LEGISLATIVE GOALS &**&*&
by Kevin McNally

KCADP's Legislative Committee, along side cit-
izens from local chapters , have been meeting
with members of the General Assembly. These
informal, confidential discussions have fo-
cused on the issue of capital punishment and
possible legislative initiatives. So far, the
response has been encouraging and extremely
cordial -- regardless of the views of the par-
ticular legislator.

KOACP is considering three specific ideas re-
ducted from the six proposals previously un-
der consideration. This narrowing of focus
results from the preferences expressed by some
of the law-makers with whom we have met. They
are:

1.ABOLITION OF THE DEATH PENALTY FOR JUVENILES

This proposal would return the Juvenile Code
to it's ofiginal form (prior to it’s amend-
ment in 1986) and bar the execution of those
below 18. Since there appears to be some
sentiment to relax the code and make it eas-
ier to treat youthful offenders as adults and
send them to the penitentiary for homicide,
this proposal would limit the punishment for a
Juvenile murderer to life without the possibil-4
ity of parole for at least 25 years.

Should this proposal be accepted, it would be
consistent with the legislative trend in other
states. Colorado and New Jersey have recent—
ly abandoned the execution of juveniles. In
our region, the surrounding states af Ohio,
Tennessee and Illinois bar the execution of
juveniles, (West Virginia has no death pen-
alty.) Indiana is considering the issue
spurred by the world-wide attention given to
Paula Cooper, a black 15-year-old girl who
received the death penalty.

Georgia legislators opposed ta the death pen-
alty for juveniles have stated that a new
state-wide survey may win support for their
position in the upcoming General Assembly. A
recent state-wide poll indicated that while 75%
of Georgians favored the death penalty, only
26% believed that juveniles should be executed

[See p.2 Legislative Report]

THINGS CONSIDERED
by Pat Delahanty

Efforts to abolish capital punishment in
Kentucky centers on public education and leg-
islative change. Local chapter members and
others have already begun to work hard to
change public attitude amd the law.

Two recent ventures produced excellent re-
sults. First, the KCADP had a booth at the
Kentucky State Fair. Amd second, KCAOP or-
ganized a press conference at the Common-
wealth Convention Center in Louisville while
our Southern govenors met in a session which
discussed "Quality of Life."

In each instance, the Coalition had the help
of many people and of other organization.
Nearly 40 volunteers staffed the Fair booth,
some coming as Fer away as Covington. Mem-
bers of the ACLU and Amnesty International
contributed their time generously. At the
press conference, in addition to the two
groups named above, the NAACP and the Ken-
tucky Rainbow Coalition were present, as were
other religious and civil rights advocates.

Fair booth workers distributed a great deal
of printed information and engaged in dia-
logue with those of similar and different
points of view. Nearly 1000 new signatures
were added to the petition to abolish the
death penalty. Though chiefly from Jefferson
County, many out-in-the-state signatures
were gathered.

Press coverage locally was excellent. Plan-
hers hoped for greater regional coverage and
United Press International was present. How-
ever, a search through several Southern news-
Papers uncovered no articles.

All members are encouraged to press the issue
through local chapters, especially the educ-
ational effort. Attitude chenge is important.
Contact Schools, Civic Clubs and Church Groups.

Two items worth noting: No. Carolina has
ended capital punishment for those 17 years
and under-meanwhile in Kentucky- a Fayette
County jury recommens death, and this de-
Fendant awaits formal sentencing..

eke -LEGISLATIVE REPORT- ye oe oe

@. ABOLITION OF THE DEATH PENALTY FOR THE
RETARDED

OF the 92 persons executed since the death
penalty was brought back in 1976, at least

5S were diagnosed as mentally retarded. The
execution of Jerome Bowden in Georgia on

dune 24th of last year drew international
attention. Bowden's I.Q. was said to be 57.
At best, according to the prosecution, his I.
Q. was 65. Although evidence in this 1976
robbery/homicide pointed to Jerome's friend,
the friend pointed the Finger at Jerome. Ever
anxious to please, Jerome signed a confession.
"He simply didn't understand what death was,
or what he was confessing to," says Patricia
Smith, President of the Association for Re-
tarded Citizens of Georgia.

"The execution af the mentally retarded is
ane of the great Failings of the criminal
justice system," writes Miles B. Santamour,
@n expert on mentally retarded inmates.
"Mentally retarded offenders have a diminish-
ed ability to comprehend the seriousness and
consequences of their crimes."

Despite Jerome Bowden's electrocution, the
Georgia poll showed that 66% thought that
the mentally retarded should not be put to
death. It is clear that some executions are
not supported by a majority of citizens.
KCAOP would propose a ban on the execution of
the retarded. Failing that, at least mental
retardation should be a specific mitigating
circumstance.

3. PHYSICAL AND SEXUAL ABUSE OF CHILDREN

Recently, Justice O'Connor, a conservative
and consistent supporter of the death penalty
on the United States Supreme Court, talked
about the "belief, long-held by this society,
that defendants who commit criminal ects
attributable to a disadvantage background, or
to emotional and mental problems may be less
culpable than defendants who have no such ex-—
cuse.'' Under present Kentucky law, the jury
is not permitted to be told that physical,
emotional or sexual abuse of the defendant as
a child may be considered as a mitigating
circumstance.

KCADP proposes the inclusion of an additional
mitigating circumstance directed at a real
cause of criminal violence later in life,viz.,
child abuse. OF course, the jury would still
be Free te reject such evidence and reject a
sentence less than death. However, this ad-
ditional mitigating circumstance would per-
mit a specific instruction that the jury may
consider the defendant's Family background as

@ reason to grant mercy.

4. ABOLITION OF THE DEATH PENALTY

KCADP has voted not to request, in our First
serious legislative effort, abolition of the
death penalty. Nevertheless, abolition clear-
ly remains the ultimate, and only acceptable,
aim.

As part of KCADP's legislative efforts, re-
search is being conducted to determine what
happened in 1976. We learned that approximate-
ly half of the present Senate and only one-
third of the current House voted om the death
penalty bill im 1976. At that time the vote
rejecting life without parole in place of the
death penalty was defeated by a margin of 77-
1s.

While the time for abolition of this archaic
and self-defeating answer to criminal violence
may mot be now, that time will inevitably come.
One need only look at history to know what is
possible in our legislature. Representative
Herbert T. Tinsley, from Northern Kentucky,
introduced a bill on January 22, 1954 that
would have abolished capital punishment.
bill was reported favorably From the House
Committee on Criminal Law om March 3rd and
passed the Kentucky House of Representatives
by a vote of S4-9 on March 12, 1964. Alas,
the Senate Failed to act upon the bill. But
tomorrow is another day........esee eee .-

The

EXECUTIONS ON

THE HISE
167

128
7s
22
a | 18 |
ao -t] |
30's 40's 50's 60's 70's 80 81 82 83 84 85 85 87
indicates yearly average for decade

+ through August only

Stats from "Let Live™ Quixote Center,
Hyattsvill, MD
Jesuit Prison Personnel

Statement Of The Conference

We members of the Conference of Jesuit Prison
Personnel draw on long experience with offend-
ers and those caught up in the criminal just-
ice system. The conclusiens we draw come from
that experience and from our prayer and Faith
reflection. We are also firmly convinced that
they are made with great concern for victims
and make sense for the overall protection of
society as well.

With this background, we declare our Firm
Opposition to the imposition of the death pen-
alty in our country today. We regret recent
court decisions that open the way for more ex-
scutions to take place. We heartily endorse
the public policy position of the Catholic
Bishops of the United States expressed through
the United States Catholic Conference.

From long experience with inmates we know that
the death penalty is not a deterrent. A num-
ber of factors would be part of a sensible
crime prevention program, but the harshness

of the sentence usually has the smallest ef-
fect of all simply because those who commit
violent criminal acts often do not plan them
and never plan on being apprehended. The cer-
tainty of apprehension and assurance of truly
Fair adjudication, along with real community
supervision and presence of law enforcement,
have much more impact on crime reduction than
the severity of threatened punishment even if
it is as harsh as death, the ultimate, irrev-
ocable penalty. Historical evidence is that
the death penalty has been imposed for cent-
uries and, in Fact, has not stopped the
criminal behavior it was intended to deter.

From our knowledge of the criminal justice
system we know that there are ways to pro-
tect society, if the will exists amd the re-
sources are providec, without resorting to the
taking of human life by the death penalty.
Safe restriction of capital criminals is pos-
sible, protecting the lives of corrections
officers and all other inmates, if adequate
resources are provided for real security in
humane settings. Ultimately, too, society is
hot more unsafe, or made any more secure by
execution, the snuffing out of human life by
the state. Indeed, in our experience we note
only that, as always savagery begets savagery.

From our experience in society, many live in

communities where a great amount of violence
occurs and poverty and social ills abound. Re-
tributive justice is not served by the taking
of human life. Indeed, retributive justice
might well be better applied to the situation
of inequities in our society. We note that a
crime against the poor or “people of color” is
less likely to receive equal penalty as com-
pared with one whose victims are white or well-
off. At the same time the poor or "people af
color,” when accused of a crime, do not in
reality receive equal quality representation
before the law,

While these inequities exist, and our courts
acknowledge that sophisticated, statistical
studies show that the death penalty is applied
in a racially discriminatory way, we Feel that
it is morally unsound for our society to im-
pose the death penalty.

As people of faith, we assert with the Pont-
ifical Commission on Justice and Peace, that
the existence of capital punishment in the
Old Testament does not justify it for today.
Indeed, Jesus Christ, wha in solidarity with
the poor shared the fate of execution by the
state, calls us to greater respect for human
life, whether of an innocent person or one
truly guilty.

The Conference of Jesuit Prison Personnel
stends firmly and squarely in opposition to
capital punishment in the United States today.

+44

The Conference of Jesuit Prison Personnel is
composed of Jesuits who minister in prisons
and in the criminal justice system together
with those colleagues who minister in the

jail system. The conference met at the Holy
Cross Retreat House, Las Cruces, New Mexico
this spring. Their statement appeared in

The Chap-lett, May 1987, - an official pub-
lication of The American Catholic Correctional
Chaplain's Association.

er
EAST GERMANY ABOLISHES THE DEATH PENALTY

In July of this year, East Germany became the
First Soviet bloc nation ta ban executions.

The government's decision followed an ennounce-
ment of general amnesty for political prisoners
The K
educa

izens

$ HELP S

CADP has made great strides this past year in the areas of public
tion and communication with legislators, the media, and the cit-

of our state. This takes time which we gladly donate without

charge. But it also takes money for postage, stationery, printing

and educational materials. Please consider sending a donation to help

us ke
$25.0
to pr

NAME:
ADORE
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omote our goals. Please Fill out the form below and return it to:
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Louisville, Kentucky 40202

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KCADP

Kentucky Coalition To Abolish The Death Penalty
2704 West Chestnut Street
Louisville, Kentucky 40211