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                                                      PRINTER'S NO. 4204

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 812 Session of 2004


        INTRODUCED BY WASHINGTON, KIRKLAND, HORSEY, JAMES AND THOMAS,
           JUNE 29, 2004

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 29, 2004

                                  A RESOLUTION

     1  Urging the Federal Government and states with death penalty
     2     statutes to pass bills imposing a moratorium on the death
     3     penalty.

     4     WHEREAS, The odds of receiving a death sentence are nearly
     5  four times higher if the defendant is African American; and
     6     WHEREAS, More than half the persons under death sentences are
     7  people of color; and
     8     WHEREAS, Nationally, more than 80% of those who have been
     9  executed were convicted for the murder of a white person despite
    10  the fact that more than half of all murder victims are people of
    11  color; and
    12     WHEREAS, Ninety percent of the persons that United States
    13  Federal prosecutors seek to execute are African American or
    14  Latino; and
    15     WHEREAS, Of the more than 100 people that have been released
    16  from death row with evidence of their innocence, more than half
    17  have been people of color; and
    18     WHEREAS, More than two-thirds of mentally retarded persons

     1  who have been executed in the United States were people of
     2  color; and
     3     WHEREAS, Nearly two-thirds of minors sentenced to death in
     4  the United States have been people of color; and
     5     WHEREAS, Governor Parris Glendening of Maryland declared a
     6  moratorium on executions citing the need to investigate whether
     7  there is racial bias in the use of the death penalty; and
     8     WHEREAS, Following the exoneration of 13 people from death
     9  row in Illinois, Governor George H. Ryan declared a moratorium
    10  on executions in January of 2000 and appointed a commission to
    11  study the death penalty in Illinois; and
    12     WHEREAS, Governor Ryan's Commission on Capital Punishment,
    13  the nations most thorough review of the death penalty,
    14  recommended 85 changes to the capital punishment system; and
    15     WHEREAS, In the last decade the African countries of Angola,
    16  Cote d'Ivoire, Namibia, Mauritius, Mozambique and South Africa,
    17  along with 20 other countries worldwide, have abolished the
    18  death penalty for all crimes; and
    19     WHEREAS, The United Nations Human Rights Commission has
    20  called upon all countries to impose a moratorium on the death
    21  penalty; and
    22     WHEREAS, The United States Supreme Court has restricted the
    23  rights of death row prisoners to appeal their convictions and
    24  death sentences in Federal court, even in cases where prisoners
    25  present compelling evidence of innocence; and
    26     WHEREAS, In 1996 legislation was enacted that limited Federal
    27  court review of death penalty appeals and drastically cut public
    28  funding of legal aid services for death row prisoners; and
    29     WHEREAS, Those sentenced to death are overwhelmingly poor
    30  because indigent defendants are often subject to grossly
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     1  incompetent, even racist, counsel and prosecutorial misconduct;
     2  and
     3     WHEREAS, The death penalty has not been shown to be a
     4  deterrent to murder; and
     5     WHEREAS, The death penalty is far more expensive than life in
     6  prison without the possibility of parole; therefore be it
     7     RESOLVED, That the House of Representatives urge the Federal
     8  Government and states with death penalty statutes to pass bills
     9  imposing a moratorium on the death penalty until such time as an
    10  investigation can be made evaluating the fairness, effectiveness
    11  and costs of the death penalty versus alternative sentencing.













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