Showing posts with label NH Coalition to Abolish the Death Penalty. Show all posts
Showing posts with label NH Coalition to Abolish the Death Penalty. Show all posts

Thursday, June 06, 2019

NH Made History



Last week history was made in New Hampshire. The death penalty was repealed in our state, making NH the twenty-first state to enact a repeal.

To accomplish this, the legislature had to override Governor Sununu’s veto, by a two-thirds majority in both the House and the Senate. That it happened is a testimony to the kind of bipartisan coalition building that has been going on behind the scenes for years.

In 1998, a bill was introduced to expand the death penalty. Two state representatives, Cliff Below and Renny Cushing, took a different view, and introduced a floor amendment to abolish it altogether. Their amendment failed, but, so did the death penalty expansion bill. That was the beginning of the repeal movement.

The group that formed came to be known as the New Hampshire Coalition to abolish the Death Penalty. It included members from the faith community, police officers, lawmakers from both sides of the aisle, and family members of murder victims. They would spend the next twenty years speaking out, filing repeal bills, and building momentum.

As the years went on, the death penalty began to be repealed in other states. Groups like the Innocence Project were using DNA evidence to overturn wrongful convictions and getting people released from death row. The NH coalition brought some of those death row exonerees to testify before the NH legislature. The testimony over the years of Curtis McCarty, Kirk Bloodsworth, and Sabrina Butler had an impact on how legislators began to think about the death penalty. Granted, the way the NH statute was written made a wrongful conviction unlikely, but even having the death penalty made the state part of something that is increasingly regarded as barbaric. 

Governor Sununu’s reason for vetoing the repeal was that he was standing with law enforcement; that the death penalty offers them some sort of protection, and shows support for them. A more tangible means of support would be to ensure that our police officers have good pay, good benefits, and excellent training. They’d probably appreciate it if the NH GOP stopped trying to turn NH into a right to work state, too. Another show of support would be to tighten up our gun laws, but I’ll save that topic for another day.

There has been a lot of talk about how the death penalty repeal was, “politicized.” A broad, bipartisan coalition was responsible for the repeal. The governor was furious at the thought of his veto being overturned, and so he lobbied House Republicans relentlessly.

In the Trumpian political world every single issue boils down to one thing: winning. The greater good was left in the dust as we hurtled down the road to “owning the libs.” The idea that the veto would be overturned, by people voting with their deeply held beliefs in mind was apparently not worthy of respect – it was LOSING.

In the House, 35 legislators who had voted for repeal in April voted against overriding the veto in May. The governor succeeded in convincing those folks to value party over principle. In Carroll County he turned only one member, State Rep. William Marsh from Wolfeboro. Despite Sununu’s hard work, the House did override the veto, and a week later so did the Senate.

It is unfortunate that the repeal was politicized, and even more unfortunate that those doing the politicizing pointed the finger at those who did no such thing. If Governor Sununu had stood up and said that he was disappointed in the veto override, but he understood that this was a vote by legislators on deeply held principles, he would have looked positively heroic, and I would be writing a different column. 

NH made history. The news of the repeal traveled all over the world. It was refreshing to read international press on the NH legislature that wasn’t generated by a Republican dropping his gun or his pants. We left the company of countries like Afghanistan, China, Iraq, Iran, Pakistan, and Somalia where citizens are executed by the state. New Hampshire walked bravely into the 21stCentury. We’ve become an example that other states are using in their repeal efforts.

I’m proud of my state. There are far too many people to acknowledge, so I’m going to pick two. State Representative Renny Cushing of Hampton has been a leader in the repeal effort for 20 years, along with Arnie Alpert of AFSC NH. Their work to repeal the death penalty has been tireless and inspiring. I’m fortunate to be able to call them both my friends. 

On dark days when we ask ourselves why good change takes so long, and begin to doubt that it can happen at all, let this vote remind us that the arc of the moral universe does indeed bend toward justice. 



Thursday, October 31, 2013

Time to Kill the Death Penalty



Last week the NH Coalition to Abolish the Death Penalty had a press conference to announce the kick-off of their new campaign to repeal the death penalty in New Hampshire. There was a large bi-partisan group of legislators and community leaders on hand to show their support for the measure. Repeal bills have been tried before. In 2000, both the Republican controlled House and Senate voted to repeal the death penalty, but Governor Jeanne Shaheen vetoed the bill. This year, it seems that the planets may be in the proper alignment. The repeal bill has the support of the faith community, some Democrats, some Republicans, and much of the libertarian crowd. It’s a strong group of supporters.




There are 32 states that still have the death penalty. Eighteen states have abolished it. Alaska abolished the death penalty in 1957, before they officially became a state in 1959. New Hampshire is the only remaining New England state that has not abolished capital punishment.

NH has a long and convoluted relationship with the death penalty. We’ve mostly been squeamish about it, about using it, which is a good thing.  In 1834, Governor William Badger was the first to ask for a repeal. In 1972, a US Supreme Court decision voided the NH death penalty. In 1974 the legislature passed a new statute. In 1976 the US Supreme Court reaffirmed the use of the death penalty. In 1977 the NH statute was changed to make execution an option not a mandate. In 1984, Governor Meldrim Thomson called a special legislative session to enact new legislation. In 1986, the law was changed to make lethal injection the primary method of execution, leaving hanging as an option.  Every two or four years some kind of tinkering with the statute takes place.

New Hampshire may be stubbornly clinging to the option, but we’ve never been vigorous practitioners. The first recorded execution was in 1739 and the last was in 1939. NH hanged 22 people in all, and one, Ruth Blay, is now regarded as having been executed wrongly. She was hanged in Portsmouth in 1768 for allegedly killing and concealing the body of her illegitimate infant. She hid the baby under the floorboards of a barn. At the time, concealment of the birth of an illegitimate child was a capital offense.

That’s the thing. Long before DNA, we were executing the wrong people some of the time. Since 1973 some 140 innocent people on death row have been exonerated. There have been many problems with capital cases over the years, including mistaken eyewitnesses, incompetent lawyers, unreliable informants, and coerced confessions. The very possibility of executing an innocent person should be enough to deter us. Unfortunately the moral high ground isn’t usually persuasive. Money usually is.

In 2009, the legislature established a Death Penalty Study Commission. A year later the majority voted to retain but not expand the death penalty. The committee agreed that the death penalty is more expensive than the alternatives. That has proven to be true. A death penalty sentence costs 3-5 times as much as life without parole. The state of NH has already spent about $5 million on the Addison case. That amount is expected to at least double by the time appeals are exhausted. At the press conference, retired Superior Court Chief Justice Walter Murphy wondered what sort of reaction legislators would get if they explained to constituents that there was a NH program that cost $1-2 million per year and the only people who get anything out of it are lawyers. The last budget passed delivered a $10 million cut to the judicial branch. That’s as much money for the whole state as the prosecution of just one case is expected to cost. So much for Yankee thrift.

                                            Justice Walter Murphy

There is no proof that the death penalty is a deterrent to crime. Few criminals consider the consequences before committing any crime, preferring to think that they’re too smart to get caught. Or in the heat of the moment the consequences don’t even occur to them.

The death penalty is presented to us as justice. An eye for an eye, a way of families getting closure. A case that drags on for years and years doesn’t allow for closure or healing. Some of the most eloquent speakers against capital punishment are family members of murder victims. Lead sponsor of the current repeal bill, Rep. Renny Cushing, is one of those eloquent speakers. (see below)  His father was murdered in 1988. A sentence of life without parole doesn’t disrespect the memory of murder victims. It protects the public while preventing any possibility of a mistake. It is a sentence that prevents the state from using violence in an attempt to prevent violent crime, which is as unsuccessful as killing for peace has proven to be.  Or, as Justice Murphy put it, “The Constitution of NH says nothing about retribution. It’s the Department of Corrections, not retribution.”

The bulk of executions in the United States take place in the south. Texas leads the way, having executed over 500 people since 1976. During that same time period there was precisely one execution in New England. It was in Connecticut. Yet despite this execution zeal, any one of the New England states have far less violent crime than any of the top execution states.

NH is consistently ranked as one of the safest states to live in. Given that we haven’t executed anyone since 1939, it’s safe to say that the death penalty isn’t what makes us safer. The group that has come together in opposition to capital punishment is impressively diverse. It’s time for NH to join the rest of our civilized New England brethren, and repeal the death penalty.


“Before my father’s murder I had evolved a set of values that included a respect for life and an opposition to the death penalty. For me to change my beliefs because my father was murdered would only give more power to his killers, for they would then take not only his life but also his main legacy to me: the values he instilled. The same is true for society. If we let murderers turn us to murder, we give them too much power. They succeed in bringing us to their way of thinking and acting, and we become what we say we abhor.”  ~  Renny Cushing



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© sbruce 2013    Photos from October 24 press conference by sbruce

Also published as a bi-weekly oped column in the Conway Daily Sun newspaper.