[Congressional Record (Bound Edition), Volume 146 (2000), Part 6]
[Senate]
[Pages 8423-8424]
[From the U.S. Government Publishing Office, www.gpo.gov]



         CRISIS FACING THE ADMINISTRATION OF THE DEATH PENALTY

  Mr. FEINGOLD. Mr. President, I rise today to talk about the crisis 
facing our criminal justice system. For the first time since the 
reinstatement of the modern death penalty almost a quarter century ago, 
there is an increasing recognition, from both death penalty supporters 
and opponents, that the administration of capital punishment in our 
country has reached a crisis stage.
  Our criminal justice system is fraught with errors and the risk that 
an innocent person may be condemned to die. Since 1976, there have been 
over 600 executions in the United States. But during this same period, 
87 people who were sentenced to death were later proven innocent. That 
means for every seven persons executed, our criminal justice system has 
found an innocent person was wrongly condemned to die. The system by 
which we impose the sentence of death is rife with errors, inadequate 
legal representation of defendants and racial disparities. At the same 
time, Congress, state legislatures and the courts have curtailed 
appellate review of capital convictions.
  With declining crime rates and a world where our closest allies have 
increasingly shunned capital punishment, a growing number of 
Americans--both opponents and supporters of the death penalty--are 
realizing that something must be done. Indeed, momentum for a 
moratorium on executions has been building for some time. In 1997, the 
American Bar Association called for a moratorium on executions. 
Numerous city and local governments have followed the ABA's lead by 
passing resolutions urging a moratorium on executions. Governor George 
Ryan, a death penalty proponent, has acknowledged that fatal flaws 
exist in the criminal justice system in Illinois and earlier this year 
effectively put a halt to executions in his state while a blue ribbon 
panel reviews his state's

[[Page 8424]]

criminal justice system. Christian Coalition founder and death penalty 
supporter, the Reverend Pat Robertson, also recently proclaimed his 
support for a moratorium.
  Today, on the heels of this activity, the New Hampshire state 
legislature earlier today took a historic step that is indicative of 
the deepening public concern about the accuracy and fairness of the use 
of the death penalty. New Hampshire has had a provision for the death 
penalty on its books for almost ten years. Over two months ago, the 
lower chamber of the New Hampshire legislature passed a bill that would 
repeal the death penalty. Earlier today, the New Hampshire Senate 
followed the House's lead and passed a bill to abolish the death 
penalty. This marks the first time since the late 1970's that a state 
legislature has passed legislation to abolish the death penalty, and I 
urge Governor Shaheen to let the will of the legislature stand. The New 
Hampshire legislature's action is particularly remarkable because it 
comes at the same time that the pace of executions has been 
accelerating in this country. Last year, we hit an all-time high for 
executions in any one year since 1976, 98 executions. This year, we are 
on track to execute at least 100 people.
  The action of the New Hampshire legislature and long-time death 
penalty supporters like Governor Ryan and Reverend Pat Robertson 
indicates that our nation is beginning to re-think its longstanding 
support for capital punishment. When an auto manufacturer produces a 
vehicle with a bad fuel tank or malfunctioning airbags that risks 
injury or death to passengers, we push to have that product recalled, 
thoroughly review the problem and don't allow the vehicle back on the 
road until the problem is solved. Like a defective automobile, it is 
time for a recall on the death penalty. It is time to suspend 
executions nationwide while we review our criminal justice system to 
understand why so many innocents have been condemned to death row and 
to ensure that our justice system is a truly just system.
  A bill I introduced just a few weeks ago does just that. The National 
Death Penalty moratorium Act would place a moratorium on executions 
nationwide while a national, blue ribbon commission reviews the 
administration of capital punishment. When Americans, both death 
penalty supporters and opponents, take a moment to consider the flaws 
in our criminal justice system, they can reasonably reach only one 
conclusion: the system is broken and must be fixed. I encourage my 
colleagues to join me in calling for a nationwide moratorium.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative assistant proceeded to call the roll.
  Mr. THOMAS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THOMAS. Mr. President, are we in morning business?
  The PRESIDING OFFICER. We are on a motion to proceed on an 
appropriations bill.

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