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Collateral Consequences
Nation: ABA Passes Resolution to Reduce Collateral Sanctions, Improve Re-Entry
At its February meeting, the American Bar Association’s House of
Delegates endorsed a number of policies that would expand alternatives
to incarceration, reduce the collateral consequences of a conviction,
and improve re-entry of ex-offenders into the community. The policy
recommendations were developed by the ABA’s Commission on Effective
Criminal Sanctions, which was formed to develop a broad consensus among
prosecutors, defenders, judges, and academics about “what can and should
be done to reduce reliance on incarceration and to reduce recidivism.”
The commission held hearings around the country and heard from criminal
justice officials from many states. The recommendations have been
endorsed by NACDL, the National Legal Aid and Defender Association, and
the National District Attorneys Association.
To follow up on its recommendations, the commission will host a CLE
seminar on March 30 in Chicago, and host a conference on April 30-May 1.
A full copy of the ABA’s resolution and more information about the commission’s activities can be found at http://www.abanet.org/cecs.
Death Penalty
Maryland: Governor Testifies in Favor of Abolition
Maryland’s new governor, Martin O’Malley, made headlines Feb. 21
when he testified before both houses of the General Assembly, calling on
legislators to support legislation that would abolish the death penalty
and replace it with life without parole. Earlier that week, the
Washington Post published an op-ed he authored with the same sentiment.
O’Malley described capital punishment as being “inherently unjust and
without deterrent value.” He argued that millions in court costs could
be saved by abolishing the death penalty, and those savings could be
used to increase public safety by hiring police officers or expanding
drug treatment.
In addition to O’Malley, a number of death row exonerees
testified, including Maryland’s Kirk Bloodsworth and Arizona’s Ray
Krone. Maryland’s former Attorney General Joseph Curran Jr. and Prince
George’s County State’s Attorney Glenn Ivey testified in favor of
abolition as well.
The legislation is HB 225/SB 211.
Montana: Senate Votes to Abolish Death Penalty
Montana’s Senate voted 27-22 on Feb. 24 to abolish the death penalty.
Republicans largely opposed the measure while Democrats largely
supported it. According to the Associated Press, lawmakers quoted Jesus,
Thomas Jefferson, and Ted Bundy during the debate. The bill number is
SB 306. (“State Senate Votes to Abolish Death Penalty,” Associated
Press, February 26, 2007)
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Eyewitness Identification Reform
Nation: Reform Bills Introduced, Advance Around Country
Eyewitness identification reform bills had been introduced in 10
states for the 2007 legislative session as The Champion went to press.
States with eyewitness reform bills include: California (SB 756),
Connecticut (SB 1240), Georgia (HB 308 and HR 352), Maryland (HB 103/SB
157), New Mexico (HB 295/SB 5), New York (AB 925 and SB 1808), Rhode
Island (HB 5359/SB 287), Texas (SB 799), Vermont (HB 50), and West
Virginia (SB 82). Legislation will be introduced soon in Massachusetts
and Michigan. The New Mexico bill passed the Senate on Feb. 5 and the
House Judiciary Committee on Feb. 20. Maryland’s bills have passed both
the House and Senate, and now differences in the bills must be
rectified. And thanks to excellent work by the Innocence Project, West
Virginia’s bill passed the Senate and the House Judiciary Committee.
Stay tuned to future issues of The Champion for progress reports on these bills.
Sentencing
Oregon: Bill Requires Racial Impact Statements for Sentencing Legislation
State Rep. Chip Shields recently introduced HB 2933, which would
require that “any legislation that could change the state’s prison
population shall be accompanied by a racial and ethnic impact
statement.” Such an analysis would have to be performed by the Oregon
Criminal Justice Commission prior to a hearing on a bill. The idea is
being promoted by The Sentencing Project, a criminal justice research
and advocacy organization in Washington, D.C. More information can be
found online at http://www.sentencingproject.org.