In recent years, the constitutionality of capital punishment in certain states has been a contentious issue. Those in opposition to the death penalty often hold that it is unconstitutional because the appeal process is too long, the system for determining who receives the death penalty is arbitrary, newly manufactured lethal injections are inhumane, and it is given in a discriminatory manner. However, supporters of the death penalty often hold that if done in a humane manner, it is an acceptable form of justice for the most horrific and violent crimes.
In early February, the newly elected Governor of Pennsylvania, Tom Wolf, placed a moratorium on the Pennsylvania death penalty. Governor Wolf believes that the current system is flawed, and that it creates and endless cycle of expensive and unfair court proceedings. [1]
A larger national issue about lethal injections has also contributed to this decision. In 2011, Pennsylvania ran out of sodium thiopental, a necessary ingredient in the cocktail for lethal injections. A U.S. company, Hospira, has stopped producing it, and production throughout Europe has also been stopped due to universal anti-death penalty laws. As a result, states in the U.S. that allow the death penalty have begun producing variations of the lethal injection, which has in turn lead to a number of inhumane, botched executions. [2] Also contributing to Wolf’s decision was the preparation of a report that began in 2012, and when completed will provide a more accurate account of the death penalty in Pennsylvania. The Pennsylvania Task Force and Advisory Committee on Capital Punishment, which will determine the financial costs of the death penalty and whether people who are wrongly convicted are being issued the death penalty, will provide this report. [3]
Wolf first put a hold on the execution of death row prisoner Terrance Williams, a convicted murderer, before extending the moratorium to all 186 state death row inmates. Wolf explained that he in no way was using this moratorium to express sympathy for death row inmates. Rather, he was expressing that the current system for the death penalty in Pennsylvania is problematic and needs to be corrected if any further executions are to be carried out in the future. Following Wolf’s actions, Pennsylvania Democratic state senator Daylin Leach proposed a bill to abolish the death penalty in Pennsylvania. [4]
Governor Wolf’s actions are not without controversy and opposition. Republicans within the state legislature oppose Wolf’s actions, and gathered on March 4th, 2015 to discuss the moratorium further. State Republicans hold that this decision prevents victims of crimes from getting the justice they deserve. Additionally, they feel that this was a politically motivated action, as Governor Wolf did not approach the legislature or the court system to address this matter; rather, he independently issued the moratorium. Furthermore, the Republicans fear that the task force charged with investigating whether or not the Pennsylvania death penalty is being carried out in a constitutional manner may be comprised of opponents of the death penalty, which in their view could lead to a bias view of the capital punishment. [5]
Just five days after Wolf made his announcement for the moratorium, Philadelphia District Attorney Seth Williams filed a lawsuit, stating that Wolf’s moratorium was illegal and unconstitutional, which has since been granted certiorari in the Pennsylvania Supreme Court.[6] Furthermore, a resolution has been introduced by Republican Representative Mike Vereb, which would ask Governor Wolf to reverse his decision and allow Pennsylvania to carry out the executions for death row inmates as scheduled. The Chairman of the House Judiciary Committee, Republican Ron Marsico, has planned two meetings; one that took place March 26th, 2015, and one that will happen in June to discuss capital punishment. The meetings are meant to relay the testimonies of the families of murder victims. Not only do the Republicans oppose Governor Wolf’s actions, but also the families of the murder victims have expressed the sentiment that this action prevents them from getting the justice they require.
Conversely, many Pennsylvania Democrats feel that Governor Wolf’s actions were warranted and advisable until a conclusion from the task force on capital punishment is reached. Although the task force was commissioned prior to Governor Wolf’s moratorium, its investigation will proceed as planned, and will allow for Pennsylvania to make critical decisions on whether capital punishment will continue and/or if reforms will first be needed before allowing the law to continue. The report that will detail the task force’s findings is not due to be completed until next year. [7]
References:
1. Wallace McKelvey. "Gov. Tom Wolf Declares Moratorium on Death Penalty in Pa." Penn Live. The Patriot News, 13 Feb. 2015. Web. 04 Apr. 2015.
2. Lopez, German. "Pennsylvania Governor Temporarily Suspends Death Penalty." Vox. Vox Media, 13 Feb. 2015. Web. 04 Apr. 2015.
3. Jan Murphy. "Pa.'s Death Penalty Moratorium Not Likely to Be Lifted Soon." Penn Live. The Patriot News, 30 Mar. 2015. Web. 04 Apr. 2015.
4. Wallace McKelvey. "Gov. Tom Wolf Declares Moratorium on Death Penalty in Pa." Penn Live. The Patriot News, 13 Feb. 2015. Web. 04 Apr. 2015.
5. Jan Murphy. "Gov. Tom Wolf's Death Penalty Moratorium Not Sitting Well with Crime Victims, Others." Penn Live. The Patriot News, 4 Mar. 2015. Web. 04 Apr. 2015.
6. The Associated Press. "Wolf's Death Penalty Halt Was Illegal, Philly DA Argues in Lawsuit." Penn Live. The Patriot News, 18 Feb. 2015. Web. 04 Apr. 2015.
7. Jan Murphy. "Pa.'s Death Penalty Moratorium Not Likely to Be Lifted Soon." Penn Live. The Patriot News, 30 Mar. 2015. Web. 04 Apr. 2015.
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