Today the New Hampshire House of Representatives passed HB 1180 as
amended, a bill establishing a Commission to Study the Death Penalty in
New Hampshire. Without discussion, the House by voice vote
accepted the 15-1 "Ought to Pass with Amendment" recommendation of the
House Criminal Justice and Public Safety Committee.

The bill now moves to the Senate where it is expected to be assigned to
the Senate Judiciary Committee. A public hearing before the senate
committee will be held sometime in the spring.

High profile former officials with first hand experience with New
Hampshire's death penalty--including former Attorneys General Phillip
McLaughlin, Peter Heed and Greg Smith, former Superior Court Chief
Justice Walter Murphy and former Supreme Court Justice William
Batchelder‹made the case in recent weeks to lawmakers that now is the
time for a thoughtful look at New Hampshire's death penalty. Those
judges and prosecutors supported an amendment to HB 1180 to create a
broad-based commission to study the death penalty. The bipartisan
measure garnered support from individuals and organizations who in the
past have had very different views on capital punishment. Citizens and
lawmakers who supported expanding NH's death penalty and those who
supported restricting the death penalty joined with those who have
worked to completely abolish the death penalty to support the death
penalty study commission legislation.

The commission will be composed of 15 members, including 2 state
senators and 2 state representatives, a designee of the Attorney
General, the NH Public Defender, the NH Bar Association, the County
Attorneys, the NH Chiefs of Police, and the NH Association of Criminal
Defense, and five members of the public representing families of murder
victims, religious and ethical organizations, and associations and
organizations with concerns and goals related to the death penalty.

The duties of the Commission to Study the Death Penalty in New
Hampshire are to study:

Whether the death penalty rationally serves a legitimate penological
intent such as deterrence.

Whether the death penalty is consistent with evolving standards of
decency.

Whether the selection of defendants in New Hampshire for capital trials
is arbitrary, unfair, or discriminatory in any way.

Whether there is a significant difference in the crimes of those
selected for the punishment of death as opposed to those who receive
life in prison.

Whether the penological interest in executing anyone convicted of
murder is sufficiently compelling that the risk of an irreversible
mistake is acceptable.

Whether alternatives to the death penalty exist that would sufficiently
ensure public safety and address other legitimate social and
penological interests, including the interests of families of victims.

Whether there is a significant difference in the cost of prosecution of
a first degree murder charge when the penalty is life without parole as
compared with a death penalty conviction and execution.

Any other issues relevant to the death penalty in New Hampshire.


The Commission is to report its findings and any recommendations for
proposed legislation to legislative leaders and the governor by
November 1, 2009.


Renny Cushing, Executive Director

Murder Victims' Families for Human Rights

2161 Massachusetts Avenue

Cambridge, MA 02140

617 491 9600 Office

617 930 5196 Mobile

www.mvfhr.org

www.mvfhr.blogspot.com/

rrcushing@earthlink.net