Governor vetoes legislation that would have raised the minimum age for execution to 18.
Craig Benson has never left any room for doubt that he supports the death penalty. NH law permits execution in a number of special circumstances, but Benson took the occasion of police memorial day to emphasize just one. Flanked by police officials from across the state, he spoke about using the death penalty for the murder a law enforcement agent.
"When somebody regardless of their age is bold enough to take the life of a police officer there should be no exceptions, we should make sure that they should pay the ultimate price. So I'm going to make a pledge as governor that if anyone takes the life of a police officer, I will seek the death penalty."
Rhetoric notwithstanding, any decision to seek the death penalty is not actually Benson's to make. That responsibility rests with New Hampshire's Attorney General, who can also seek execution for killings that take place during a kidnapping or rape, during certain drug crimes; for murder for hire or murder by a prisoner already serving life without parole. NH attorney General Peter Heed supports capital punishment and backs Benson's position. But after the veto ceremony the state's top law enforcement official said keeping the minimum of age of execution at 17 would not make the death penalty any more likely.
"We always have to make a judgment on a case by case basis. Simply because the death penalty is potentially available does not necessarily mean that the circumstances of a particular case make it appropriate. We have to judge each case by itself."
Such comments, however, gave little solace to death penalty opponents.
"The message that went out from the executive council chamber is that in NH we want to kill kids."
Renny Cushing of Murder Victims' Families for Reconciliation says no amount of talk about protecting law enforcement should be allowed to obscure the fact of Benson's actions.
"Governor Benson became the first chief executive of any nation or any state ever to ban a bill that would prohibit the execution of 17 year old offenders. He stood outside the norms of international human rights law today -- and that is a shame and a scar that will be on the state of NH for many years to come."
According to Amnesty International, only five countries have executed juveniles since 2000. The US, China, Pakistan, Iran and the Democratic Republic of Congo. This fall the US Supreme Court is scheduled to review whether executing 16 and 17 year olds violates the federal constitution's ban on cruel and usual punishment. Nobody has been put to death under New Hampshire's death penalty statute since 1939. An override of Benson's veto is not thought likely.
