Legislative duel: Bishops move to limit capital punishment in state

The Governor's proposed bill would:

* mandate a death sentence or life in prison without parole for those convicted of first-degree murder;

* allow evidence to be introduced during sentencing relating to the impact of the crime on the victim's family and community;

* let prosecutors present evidence of any prior violent felony conviction during sentencing;

* allow the death penalty for those who kill to experience the act of killing or to maintain membership or status in a group or organization;

* allow the death penalty when a person kills to receive anything of value from an estate, trust or insurance policy;

* allow the death penalty for those who intentionally kill by torturing their victims;

* let the prosecution deliver the final summation at the conclusion of the sentencing phase of a trial; and

* allow defendants charged with first-degree murder to plead guilty and proceed directly to sentencing by a jury.

Opposition

Under current law, said Mrs. Gallagher, juries can decide whether a defendant receives the death penalty, life in prison without parole or an indeterminate sentence.

The Governor's proposal "would limit it to two options -- both of which the Church has problems with," she noted, explaining that either sentence "doesn't provide for any type of healing or rehabilitation."

Getting tough

"It's sad that something this tragic is being politicized," she said, adding: "Why are people so surprised that kids deal with their problems by killing? [By allowing the death penalty,] here's the government saying, `It's okay to kill.' The government is increasingly solving its problems with death."

She found other bills currently being proposed "particularly disturbing," as well, including one that would drop the age for those eligible for the death penalty from 18 to 16.

Church view

As such, the Catholic Conference stands behind two new bills that would decrease the power of the death penalty. One, proposed by Assemblyman Keith Wright (D-Manhattan), would repeal the death penalty entirely; the other, proposed by Sen. John Marchi (R-Staten Island), would allow the death penalty only in cases where a police officer is killed.

The latter's "incremental approach" toward eradicating capital punishment was referred to by Mrs. Gallagher as "not ideal for the Church, but a step in the right direction."

Two people in New York State are currently on death row. There have been no executions in New York since the death penalty was restored in 1995; nationwide, 32 people have been executed this year alone.

(05-20-99) [[In-content Ad]]