RECENTLY, FIVE STATES
REJECTED A BROKEN
DEATH PENALTY SYSTEM
NEW YORK—2007
NEW JERSEY—2007
NEW MEXICO—2009
ILLINOIS—2011
CONNECTICUT—2012
KENTUCKY’S
DEATH PENALTY S
IS BROKEN
REPEAL
FIXES IT
PERMANENTLY!
RECENTLY, FIVE STATES
REJECTED A BROKEN
DEATH PENALTY SYSTEM
« NEW YORK—2007
« NEW JERSEY—2007
« NEW MEXICO—2009
« ILLINOIS—2011
« CONNECTICUT—2012
KENTUCKY’S
DEATH PENALTY SY
IS BROKEN
REPEAL
FIXES IT
PERMANENT
DEAR GOVERNOR BESHEAR:
We know so much more today about the death penalty than we did in 1976, when
Kentucky reinstated it. More than three decades of experience reveals that it is a
risky, arbitrary, unfair, ineffective, and costly distraction from justice. In 2011, after
studying the death penalty in Kentucky for two years, a team of Kentucky legal
experts, including two distinguished former Kentucky Supreme Court Justices,
reported these findings:
e¢ A 60% error rate in death penalty cases: 50 of 78 overturned on appeal;
Inadequate protections to guard against wrongful convictions;
Inconsistent application of the death penalty;
Post-conviction review is inadequate;
High percentage of jurors do not understand the judge's instructions;
Inadequate protections for the mentally disabled; and
Lack of data prevents knowing if the system is operating fairly.
In addition, in 2009, the American Law Institute, the body responsible for the
language of the law enacted in 1976, has permanently withdrawn its support for
that language (§210.6 of the Model Penal Code) because of its concern about the
fairness of the application of the sentence.
Clearly, the death penalty system is broken. That is why seventeen states,
including West Virginia and just recently, New Jersey , New Mexico , Illinois , and
Connecticut , have rejected capital punishment.
| respectfully urge you to take a leadership role on this issue by ensuring that no
execution warrants are signed under this broken system and by supporting repeal
of the death penalty.
DEAR GOVERNOR BESHEAR:
We know so much more today about the death penalty than we did in 1976, when
Kentucky reinstated it. More than three decades of experience reveals that it is a
risky, arbitrary, unfair, ineffective, and costly distraction from justice. In 2011, after
studying the death penalty in Kentucky for two years, a team of Kentucky legal
experts, including two distinguished former Kentucky Supreme Court Justices,
reported these findings:
e A60% error rate in death penalty cases: 50 of 78 overturned on appeal;
Inadequate protections to guard against wrongful convictions;
Inconsistent application of the death penalty;
Post-conviction review is inadequate;
High percentage of jurors do not understand the judge's instructions;
Inadequate protections for the mentally disabled; and
Lack of data prevents knowing if the system is operating fairly.
In addition, in 2009, the American Law Institute, the body responsible for the
language of the law enacted in 1976, has permanently withdrawn its support for
that language (§210.6 of the Model Penal Code) because of its concern about the
fairness of the application of the sentence.
Clearly, the death penalty system is broken. That is why seventeen states,
including West Virginia and just recently, New Jersey , New Mexico , Illinois , and
Connecticut , have rejected capital punishment.
| respectfully urge you to take a leadership role on this issue by ensuring that no
execution warrants are signed under this broken system and by supporting repeal
of the death penalty.
Hand Deliver
Postage
Required
The Honorable Steve Beshear
Governor of Kentucky
700 Capitol Avenue Suite 100
Frankfort KY 40601
Hand Deliver
Postage
Required
The Honorable Steve Beshear
Governor of Kentucky
700 Capitol Avenue Suite 100
Frankfort KY 40601
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