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Saturday, January 16, 2010

Death Penalty - How They Voted


Voting AGAINST SB 279 is a vote against Mike Miller's sponsored bill for O'Malley.

SB 279: An Act concerning Criminal Law - Death Penalty - Evidence for the purpose of restricting the death penalty to a case in which the State presents certain evidence to the court or the jury; prohibiting the death penalty in a case in which the State relies solely on evidence provided by eyewitnesses; providing, with certain exceptions, that in certain cases in which the State has filed a notice to seek a sentence of death, the notice shall be considered withdrawn and it shall be considered a notice to seek a sentence of life imprisonment without the possibility of parole under certain circumstances; providing that it is the intent of the General Assembly that certain services shall be funded by savings resulting from the restriction of the death penalty to certain cases; requiring the Governor's Office of Crime Control and Prevention to submit a certain report to certain committees; requiring that certain funds be administered by the Governor's Office of Crime Control and Prevention; making conforming and clarifying changes; and generally relating to the restriction of the death penalty to certain cases.
O'Malley signed this bill into law May 7, 2009

Highlights:
-Prohibits the State from sentencing a defendant to death if the State relies solely on evidence provided by eyewitnesses (Sec. 1).

-This bill is sponsored by Senate President Thomas V. Mike Miller by request of the Governor.
Read the legislation in its entirety Death Penalty.pdf

Synopsis:

Vote to pass a bill that limits cases in which a defendant who is found guilty of first degree murder may be sentenced to death to cases in which the State presents to the jury biological or DNA evidence that links the defendant to the murder, a videotape of the dependent confessing to the murder, or a video recording that conclusively links the defendant to the murder.

It should also be noted that Senator Andy Harris, M.D., a candidate for Congress in the First Congressional District also voted against SB 279 and voted for HB 2 Mandatory Sentencing for Sex Offenders.

Before you cast your vote for an incumbent, research their voting record. See where they really stand on issues. Don't allow them to offer a bunch of lipservice with only one goal in mind, obtaining your support and vote.
Project Vote Smart

18 comments:

  1. I may be missing something or misread something but did I not just hear Mathias say he was for the death penalty on your show today?? jackkcharl@aol.com

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  2. Jim Mathias does in fact support the death penalty.

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  3. amazingly and sadly in today's times no one "votes smart" they or I should say the majority votes party-line.

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  4. Jack, Sorry to confuse you. Those listed on the bottom voted AGAINST SB 279. This legislation makes it nearly impossible for prosecutors to seek the death penalty. The way I understand the snyopsis, the prosecutor must have DNA and a video confession from the murderer. In the case of Sarah Foxwell, Leggs has not made a confession nor has he been cooperative with law enforcement. Not being a lawyer, I could be wrong in my interpretation.

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  5. so wait, the top favor it? I didnt know O'malley supported it? Major respect earned by him on this!

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  6. I'm all for the death penalty in principle. But with so many cases now being overturned after either the defendant has been imprisoned for decades or has been wrongly put to death, there is nothing wrong with raising the bar. You can free a man that has been locked up if you find a mistake is made. You can't bring a man back from death.

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  7. Hey Charles, are you for or against the new legislation for the death penalty in Maryland?

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  8. Ghanima...

    From what I have read about the law, it does not require DNA and a video of someone confessing. It simple rules out the death penalty in a case where the only evidence is a single witness. I think this is a very smart law. I would not want to put someone to death based only on what one person says and with no other DNA or Biological evidence.

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  9. Not sure I understand what you are asking Joe?

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  10. Charles, O'Malley does NOT favor the death penalty. He had Mike Miller sponsor SB 279 to enact legislation making it nearly impossible for a prosecutor to seek the death penalty.

    Anon 4:58 I agree the death penalty should not be a consideration without DNA, with today's technology there should be nothing left to doubt. Like I said, I am not a lawyer and my interpretation of the synopsis provided leads you to believe that DNA and a taped confession are the criteria for seeking capital punishment.

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  11. Folks, please note the most important word in that bill:

    OR.

    Not AND.

    Biological OR DNA OR videotape OR videotape confession.

    Do you want someone put to death without hard proof? Some people on death row turned out to be innocent, like that guy on the Shore who got released after 19 years. That guy in Texas was executed and he was innocent. This bill may be a reaction to that.

    You don't get to tell someone you wrongly executed "oops."

    Don't call me a wetpants liberal either. I'll be happy to pull the switch on Leggs.

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  12. Bleeding heart liberals, hang em high........

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  13. Actually he IS in favor. you are plain WRONG Ghanima. Thats why we all support him!

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  14. Obviously Conway and Cain voted for SB 279 because OMalley told them to.

    Equally obvious Stolzfus and Elmore have never had a loved one murdered in such a horrible manner.

    How in God's name could and elected official know of the facts of Sara Foxwell's death oppose the death penality.

    If Leggs is ever released from confinment and kills or rapes again that crime in on the backs of those who oppose the death penality.

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  15. Wow, I drove to Annapolis for the hearing on the death penalty in the Senate. Anyone who watched the debate KNEW that the amendments made under the guise of "saving" the death penalty were in fact a thinly shrouded effort to all but make sure the death penalty would never be used.

    I never checked the actual vote, but after Joe's article today, i went back and did and was surprised that some of our local representatives, especially Stoltzfus and Elmore, voted to limit the death penalty in this way.

    Cases like the Leggs case cry out for the death penalty. It should not be outlawed in Maryland

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  16. As always, "The Devil is in the details." O'Gov is against the death penalty. Period. As a nation
    we have become too politically correct, always in fear of being
    sued,not being elected again(if you are an elected official) or being bashed in the media.

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