Resolatioa QO ws Me
Death. Perales
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WHEREAS, Since 1976, when Kentucky reinstated the death penalty, 50 of the 78 people
sentenced to death have had their death sentence or conviction overturned due to
misconduct or serious errors that occurred during their trial. This represents an
unacceptable error rate of more than 60 percent. Nationwide, 140 people have
been released from death rows due to evidence of their wrongful conviction.
AND,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Statistics confirm that the imposition of the death penalty is disproportionately
imposed on minorities and the poor. African Americans constitute 12 percent of
the U.S. population, but represent 42 percent of prisoners on death row.
According to Amnesty International, more than 20 percent of black defendants
executed since 1976 were convicted by all-White juries. Over 90 percent of
defendants in capital cases are indigent and cannot afford an experienced criminal
defense attorney.
AND,
Recently, based on findings of a two year study conducted by the American Bar
Association (ABA), former Kentucky Supreme Court Justices, James E. Keller
and Martin Johnstone, as well as the President of the ABA and former President
of the Kentucky Bar Association, William T. Robinson, have called for a
suspension of executions in Kentucky until its death penalty system has been
reformed. Writing in the December 18, 2011 issue of the Louisville Courier-
Journal, the Justices concluded that, “The list of problematic cases is staggering,
and review of the system is deeply troubling. Fairness, impartiality, and
effectiveness of counsel have been undermined by serious flaws that reveal
systemic problems in administration of the death penalty in the Commonwealth.”
AND,
According to Amnesty International, over two-thirds of the countries of the world,
141 in total, have now abolished the death penalty in law or practice.
AND,
The function of the Kentucky Commission on Human Rights is to encourage fair
treatment for, to foster mutual understanding and respect among and to discourage
discrimination against any racial or ethnic group or its members.
NOW, THEREFORE, BE IT RESOLVED,
The Kentucky Commission on Human Rights urges members of the Kentucky
General Assembly to repeal the law allowing the use of the death penalty and
calls upon the Governor to sign the same.
BE IT FURTHER RESOLVED,
That a copy of this Resolution be presented to the Kentucky Legislative Research
Commission for distribution to each member of the Kentucky General Assembly
and to the Governor of Kentucky and also incorporated into the minutes of this
Commission; and dated in Lexington, Kentucky this 172 day of October, in the
year of Our Lord Two Thousand and Twelve and in the 220th year of the
Commonwealth.
On Behalf of the Commission:
George W. Stinson
Commission Chair
Attest:
John J. Johnson
Executive Director
