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Death Penalty ReformThe
Western Pennsylvania Conference of the 1998 Action 2000 Action 2001 Action 2002 Action 2003 Action 2004 Action 2005 Action 2006 Action |
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WHEREAS, the judgment of Cain
(Genesis 4:9-15), The Sermon on the Mount (Mathew 5:38-39), and the woman
caught in adultery (John 8:3-11) are scriptural examples of divine initiative
in favor of grace over judgment. WHEREAS The Social Principles of The Book of Discipline of the United Methodist Church-2000, 146(a) specifies: "We oppose capital punishment and urge its elimination from all criminal codes." WHEREAS “The United Methodist Church has passed resolutions opposing the death penalty since 1996.” http://www.oocities.org/roger_thomas_edu/bibliography/DeathinPennsylvania.htm WHEREAS execution denies God the
opportunity to transform the person. (Bishop Peter D. Weaver, Eastern
Pennsylvania Conference.) WHEREAS Pennsylvania allows
execution for certain intentional murders.
In thee cases, the jury must choose only between execution, and life
imprisonment without any possibility of parole. The system provides the Commonwealth
of Pennsylvania with a viable alternative to execution. It protects its citizens without any need
for the Death Penalty. WHEREAS The United States
executed 23 people during the 20th Century who were innocent of the
crime of which they were convicted. http://www.courts.state.pa.us/Index/Supreme/biasreport.htm
WHEREAS since the 2002 Annual
Conference we have had cause to celebrate: 1. that a total of five
Pennsylvania citizens have been released from Death Row because new evidence,
such as DNA, established their innocence. 2. that a total of some 38
Pennsylvanians have had their death sentences overturned because of defense
lawyers' mistakes and incompetence.
Almost two thirds of those reversals have come in the past two years. 3. the passage of Senate Bill 589 of
Session 2001, which facilitates the use of DNA in the criminal system. 4. the funds granted in 2002 by the
Commonwealth of Pennsylvania to train capital defense attorneys. 5. that progress has been made on Senate
Bill 26 to prevent the execution of the mentally retarded. 6. The Final Report of The Pennsylvania Supreme Court's Committee on Racial and
Gender Bias in the Justice System called for specific
reforms, and a moratorium on executions.
Chief Justice Ralph Cappy’s committee is
developing methods to implement the Report’s recommendations. WHEREAS since the 2002 Annual
Conference we have had cause to be concerned: 1. that Governor Rendell has signed six
death warrants. 2. that Governor Rendell has chosen to
ignore the Supreme Court’s Final Report and its recommendations. 3. that the FBI has identified 3,000
cases of “flawed science and skewed testimony.” 4. that Allegheny County has over 600
unprocessed DNA samples on its shelves. WHEREAS the Western Pennsylvania Conference of the United Methodist Church supports our legislature's efforts regarding the death penalty, and we specifically encourage: 1) the passage of legislation such as Senate
Bills 12 and 13 of Session 2003, which would eliminate the death sentence
from our Commonwealth. 2) the passage of legislation such as Senate Bill 14 of Session 2003, which would study whether (a) defendants who are sentenced to death are in fact guilty of first degree murder; (b) defendants in death penalty cases are provided adequate and experienced counsel and adequate resources for the defense of their cases at the trial, appellate and post-conviction stages; (c) race does not play an impermissible role in determining which defendants are sentenced to death; and (d) death penalty cases are handled similarly by all district attorneys throughout this Commonwealth. 3) the passage of legislation such as Senate
Bill 15 of Session 2003, which would protect minor children from
execution. 4) the passage of legislation such
as Senate Bills 16 of Session 2003, which would allow the victims'
families to express their wishes regarding the death penalty to the jury
regarding the death penalty. 5) the passage of legislation such as Senate Bill 26 of Session 2003, which would protect the mentally retarded from execution in compliance with Atkins v Virginia. 6)
the passage of legislation such as Senate Bill 52 of
Session 2003, which would provide a Capital Representation Resource Center, and extensive
training for attorneys. The Pennsylvania Supreme Court specifically
calls for passage of such legislation. Final Report, p. 214ff BE IT THEREFORE RESOLVED that
until the total elimination of the Death Penalty, we encourage the
Pennsylvania General Assembly to pass legislation, such as the Senate Bill 14
of Session 2003, which would provide for a study of how the death penalty is
implemented in our Commonwealth. BE IT FURTHER RESOLVED that we encourage the Pennsylvania General Assembly to pass legislation, such as Senate Bills 15, 16, 26 and 52, which will reform capital punishment in our Commonwealth. We specifically urge them to pass these reforms this year. BE IT FURTHER RESOLVED that the clergy and the laity are encouraged to provide testimony, support, and encouragement to the members of the Pennsylvania legislature toward the introduction and passage of the legislation recited in this resolution. |
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Roger Thomas, author, Board
Member, A United Methodist Witness in Pennsylvania Bertram Domineck, Howard Burrell, William D.Morgan, Joan W.Anderson, Rosemary K.Coffey,John M.Scott, Witness Team
Fellowship United Methodist
Church, Fred Smith, Pastor Phil Wilson, Conference Peace
with Justice Coordinator |
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WHEREAS people who are convicted
of intentional murder in Pennsylvania may only be sentenced to execution, or to
life imprisonment without any possibility of parole. The Governor may commute a death sentence
to life imprisonment on the unanimous recommendation of the Board of
Probation and Parole, but offenders can only be released from Death Row upon
proof of their innocence. In Pennsylvania, "Life means life!" WHEREAS under current
Pennsylvania practice, neither the jury nor the public is informed of this
policy unless the prosecutor calls for execution on the grounds that the
accused is a future danger to society.
If the prosecutor does not use that specific argument, the jury is not
told that the accused will never be eligible for parole. The prosecutor controls what the jury is
told. WHEREAS jurors have often complained,
to both judges and counsel, that the only reason they found for the death
penalty was to prevent the offender from ever getting loose on the streets
again. They were concerned about
"revolving door" paroles.
Their concern was for public safety.
If they had known that the offender could never be paroled, they would
have found for life imprisonment. WHEREAS Senator Stewart Greenleaf
introduced Senate Bill 1510 of Session 2000 which provided;
WHEREAS The Pennsylvania Supreme Court Committee on Racial and Gender Bias in
the Justice System specifically called for “a jury
instruction stating ‘life means life with no possibility of parole’ and
require that it be given in all capital cases.”
Final Report, p. 220. BE IT THEREFORE RESOLVED that the
Western Pennsylvania Conference of the United Methodist Church
goes on record supporting truth in sentencing in capital cases. BE IT FURTHER RESOLVED that the
clergy and the laity are urged to provide testimony, support and
encouragement to the members of the Pennsylvania legislature toward the
introduction and passage of a Bill like Senate Bill 1510 of Session 2000. Roger Thomas, author, Board
Member, A United Methodist Witness in Pennsylvania Bertram Dominick, Howard Burrell, William D. Morgan, Joan W. Anderson, Rosemary K. Coffey,John M. Scott, Witness TeamPhil Wilson, Conference Peace with Justice Coordinator |
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RS
103 Race The Western
Pennsylvania Conference adopted this Resolution on June 11, 2003. 56-11-2 |
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WHEREAS Exodus 23:6 specifically mandates; “You shall not pervert the justice due to your poor in his suit. Keep far from a false charge, and do not slay the innocent.” Exodus 23:9 mandates; “You shall not oppress the stranger.” WHEREAS Our Book of Resolutions, p.503-504, follows our Social Principles:
WHEREAS in 2003, Governor Rendell has ordered the execution of six people: four Blacks, one Hispanic, and one White. WHEREAS The Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System, published its Final Report in February 2003. Chapter 6 of this Final Report recites evidence of racial bias in our capital criminal system: Ø
Our population is 10% black, yet as of the April 2, 2003 report from our Department
of Corrections, 148 (61.9%) of the 239 people on Pennsylvania’s death row
were Black. 73 (30.5%) were
White. 16 (6.69%) were Hispanic. 84% of the death row inmates from Philadelphia are black. Ø 96% of the studies show a race-of-victim, or race-of-defendant discrimination. 83% of death penalty verdicts involve white victims, even though only 50% of the murder victims are white. The race of the victim influenced the likelihood of being charged with capital murder, or receiving the death penalty, 82% of the time. 40% of the people executed since 1977 were black. Ø When black and white co-defendants are given separate trials for the same offense, the White tends to be sentenced to life imprisonment or a term of years, while the Black is given the death penalty. WHEREAS the Pennsylvania “Supreme Court recognized in commissioning and appointing (The Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System) any such bias is intolerable and must be eliminated.” Final Report, p. 15 WHEREAS the United States 1994 Crime Control Act speaks directly to the issue of race.
WHEREAS current Pennsylvania law prohibits the introduction of information regarding racial tendencies in capital cases unless the accused can prove that racial prejudice affected his specific case. Since testimony on racial prejudice is almost impossible to obtain, this burden of proof is almost impossible to meet. WHEREAS The Racially Discriminatory Capital Sentencing Act provides;
WHEREAS The American Bar Association has endorsed the Racially Discriminatory Sentencing Act, but it has never been adopted in Pennsylvania. (American Bar Association, Policy and Procedures Handbook, (1988); American Bar Association Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, February 1989) WHEREAS The Pennsylvania Supreme Court specifically calls
for passage of such legislation, referring to it as “a Racial Justice Act.” Final
Report, p. 214ff.
BE IT
THEREFORE RESOLVED that the Western Pennsylvania Conference of the United
Methodist Church goes on record supporting adoption of legislation which
effectively addresses the impact of race in Death Penalty cases in the
Commonwealth of Pennsylvania. BE IT
FURTHER RESOLVED that the Western Pennsylvania Conference BE IT
FURTHER RESOLVED that local congregations, and other church bodies, mobilize
and work with other groups in the community to achieve the intent of this
legislation. Roger Thomas, author Board Member, A United Methodist
Witness in Pennsylvania Bertram Dominick, Howard Burrell, William D. Morgan, Joan W. Anderson, Rosemary K. Coffey, John M. Scott, Witness Team, Fellowship
United Methodist Church, Fred Smith, Pastor Phil Wilson, Conference Peace with Justice Coordinator |
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