The NH Death Penalty: A Worthy Discussion

by: Rep. Jim Splaine

Sun Mar 25, 2007 at 09:07:33 AM EDT

AN ACT relative to the death penalty.

SPONSORS: Representative Jim Splaine, Rockingham #16; Representative Gail Morrison, Belknap #2; Representative James Pilliod, Belknap #5; Representative Anthony DiFruscia, Rockingham #4; Representative Paul McEachern, Rockingham #16

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill removes the death sentence from the capital murder statute and replaces it with life imprisonment, until death, without the possibility of parole.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Homicide; Capital Murder. Amend RSA 630:1, III to read as follows:

III. A person convicted of a capital murder [words eliminated from current statute:  "may be punished by death"] shall be sentenced to life imprisonment, until death, without the possibility of parole.

2 Repeal. RSA 630:5, relative to procedure in capital murder, is repealed.

3 Applicability. This act shall only apply to those persons charged with capital murder on or after the effective date of this act.

4 Effective Date. This act shall take effect January 1, 2008.

Put very simply, this legislation provides for a death penalty.

It says "A person convicted of a capital murder shall be sentenced to life imprisonment, until death, without the possibility of parole."  While our state has not had an execution since 1939, it remains an option, and should not be part of our New Hampshire society. 

European countries, and many of the nations of this hemisphere, have abolished the death penalty.  Currently we are in league with Iran, Iraq, Saudi Arabia, North Korea, and China with the death penalty.  We should be better than that. 

The House Criminal Justice and Public Safety Committee held a public hearing on the bill, and the majority are recommending that the bill be defeated, while a minority support passage.  The Committee vote was 10-7.  Here are their reports:

NH Historic First: Civil Unions Would Help Equality

by: Rep. Jim Splaine

Sat Mar 24, 2007 at 08:47:50 AM EDT

The House Judiciary Committee voted in a very bipartisan 15-5 vote to approve House Bill 437.  Some real stars on the Committee speaking for the bill included Chair David Cote of Nashua, Gail Morrison of Sanbornton, and Bette Lasky of Nashua. 

If it passes on the House floor this coming week and is approved by the State Senate, it would be historic in another way:  this would be the very first time that a state has adopted legal unions for same-gendered couples without any threat of court action first.  New Hampshire would join Vermont, Connecticut, and New Jersey as the only states with civil unions.  California has a fairly extensive domestic relationships law, but comes short of formal unions for same-gendered couples.  Massachusetts allows marriage for its gay and lesbian citizens, but that was court mandated and hasn't been vetoed by their legislature. 

Our action in favor of equality contrasts positively to the 27 states where constitutional amendments have been adopted prohibiting same-gendered relationships.  New Hampshire is also one of just 20 states protecting sexual orientation as part of our civil rights law; in some 30 states one can still be fired, or denied housing or services, just because of being gay.

It's not finalized yet, of course.  The State Senate would have to vote favorably if the House approves the bill.  And we can expect a tough floor fight in the House. 

And Governor John Lynch hasn't said he will allow civil unions to become law, with or without his signature.  I'm confident he will, however, because from my knowing him since the early 1970s, I've always found him to be an inherently fair person.  While he has stated he would veto gay marriage, he has indicated he will consider something else, and that he is opposed to discrimination against our tens of thousands of gay and lesbian citizens.  Now he can deliver. 

Civil unions isn't marriage, with the word.  While it provides all the same rights, obligations, and responsibilities of marriage, it isn't marriage.  That fight has to continue, and I'll be joining others on that effort.  Another bill was approved by the Judiciary Committee that would create a serious study and analysis about marriage for gays and lesbians. 

Progress on equality, however, occurs step by step.  We've come so far because of the hard work and sacrifices of so many so far.  Civil unions is a positive step.  If one has a 20 foot pond to jump over, it sure helps if there's a stepping stone in the middle.

HB 437 is sponsored by Somersworth State Representative Dana Hilliard and myself, but working hard for its passage have been most of the openly gay members of the House:  Marlene DeChane of Barrington, Ed Butler of Harts Location, David Pierce of Etna, as well as Gail Morrison.  Most were at the all-day hearing on the bill a couple of weeks ago, and the 6 hour Committee voting session, joined by former State Representative Ray Buckley.  Former State Senator Rick Trombly has worked hard on this and other equality issues as well. 

The adventure continues...

The New Hampshire Death Penalty

by: Rep. Jim Splaine

Sat Jan 27, 2007 at 21:29:22 PM EST

It's harsh.  Each and every day, prisoners with that sentence wake up behind bars, knowing that is where they will go asleep that night. 

Every day, they hear the sounds and feel the discipline of the jailblock.

At night, they hear the noises and smell the odors of the jail house, all night, every night.

They don't see another sunset.  They don't see another sunrise.  They never go to the beach again, or drive a car, or visit their family home.  This is it.

Life in prison without any chance of parole until death IS a death sentence.  It is the ultimate death penalty. 

To fight crime and to be tough on crime means to support our law enforcement offices in ways that will prevent crime:  support them with the best of training, the best of equipment, and the best of laws.  Then support them with the excellent pay that their service deserves, and with a quality retirement plan, as well as quality health care. 

But to blindly say that having a death penalty of execution means anything more than taking another life isn't being tough on crime.  It recreates the cycle of violence, affecting yet another family,  And it does no good.

Right now, New Hampshire is in league with Iraq, Iran, Saudi Arabia, China, and North Korea in having a death penalty by execution.

Instead, we should join most of the world, including most of the nations of this hemisphere and all of Europe, in having a death penalty of life in prison without any chance of parole until death, in God's time.  Most religions oppose execution for that very reason. 

Legislation is going to have a public hearing shortly at the State House in Concord.  It is sponsored by Representatives Jim Pilliod, Tony DiFrusia, Gail Morrison, Paul McEachern, and myself.  Similar legislation passed the House and Senate in 2000, but was vetoed by then-Governor Jeanne Shaheen.

But the discussion has to continue.  It's the right thing to do. 

Your thoughts?