Following on the heels of New Jersey, New York, New Mexico, Illinois and Connecticut, Maryland has become the sixth state in the last six years to abolish the death penalty. Following earlier State Senate approval the Maryland House of Delegates on Friday voted by a strong 82-56 vote to do away with the state’s death penalty in favor of life in prison without the possibility of parole. There is little doubt that Governor Martin O’Malley, who has advocated for years to repeal the death penalty, will sign the abolition bill into law.
By two strange legal quirks, the repeal will not put the issue to final rest. There are five people currently on death row in Maryland. Their death penalty sentences are not overturned by the law. They would still be subject to being put to death by the state unless the Governor commutes their sentences. The second legal quirk is that the citizens of Maryland, with sufficient petition signatures, can override the legislation, an option raised when the state legislatively legalized gay marriage. Polls show that a majority of Marylanders support capital punishment, though no group has announced an intention to begin gathering signatures.
In addition to the states abolishing capital punishment in recent years, one state has placed a moratorium on carrying out executions pending further study. This is how Maryland, as the result of a court ruling creating a moratorium pending clarifying legislation, began down the road to repeal. Nationwide, executions in the United States have been cut roughly in half on an annual basis compared to 2000. Sources include The Washington Post and Human Rights Watch.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.