Death Penalty Repeal Dies

Josh Rogers's picture
By Josh Rogers on Thursday, April 5, 2001.
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The New Hampshire House today voted down a repeal of the state's death penalty. NHPR's Josh Rogers has this report.

The narrow vote to keep capital punishment came after a morning of debate that that ranged from exhortations to demonstrate moral progress?.
Have we not gone someplace in the last 2000 years??
We will do more for our state passing this bill than anything else we do this session?

To suggestions that state sanctioned executions are needed to beat murderous prison escapees to the punch?
You cannot take the chance when you have dangerous people?.We have a responsibility to our communities. I want the safety the state can give me.

But morality and fear aside, the debate also demonstrated wildly different opinions on the fallibility of the justice system. Litchfield Republican Loren Jean says history proves mistakes and malfeasance happen everywhere -- including New Hampshire.
We have has cases where people have falsified affidavits to get search warrants?..We had Fairbanks?.We have an DA that got sentenced to 4 or five years for stealing hundred of thousands worth of art?..It?s not like our guys are pure and lily white?..

Jean?s vision of a potentially capricious justice system was countered by Manchester Democrat John Kackavas ? a former homicide prosecutor. Kacavas stressed that New Hampshire?s death penalty statute is narrow --- only applying to murder of police officers and judges: or killings in the context of rape, kidnapping, murder for hire or drug crimes. Kacavas also emphasized what he believes to be the statute?s concordance with the state constitution...
We have a principle of proportionality enshrined in out constitution ?.That punishment shall be commensurate with the gravity of the crime. There are certain crimes for which capital punishment is appropriate.

The house also voted to prevent the bill from resurfacing this session?..Last year the repeal passed both house and senate to be vetoed by Governor Jeanne Shaheen No one has been executed in New Hampshire since 1939.

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