Recent devel­op­ments in Montana and New Mexico may affect the out­come of leg­isla­tive efforts to abol­ish the death penal­ty. In Montana, the Senate vot­ed 27 – 23 to end the death penal­ty in favor of life in prison with­out parole. It is the sec­ond ses­sion in a row that such a pro­pos­al has cleared the Senate. New Mexicos House passed a bill replac­ing cap­i­tal pun­ish­ment with life in prison with­out parole and the bill is pend­ing in a Senate com­mit­tee. Legislatures in both states cit­ed the risk of exe­cut­ing inno­cent peo­ple and the exces­sive costs of cap­i­tal pun­ish­ment as rea­sons for abol­ish­ing the death penal­ty.

New Mexico Governor Bill Richardson said while he would have vetoed such a bill a few years ago, he may sign a repeal bill if it reach­es his desk now. I’m strug­gling with my posi­tion, but I def­i­nite­ly have soft­ened my view on the death penal­ty.” He has found the alter­na­tive of life in prison with­out parole to be a strong pun­ish­ment” and called the cost of the death penal­ty a valid rea­son in this era of aus­ter­i­ty and tight budgets.”

While votes in Montana were most­ly along par­ty lines, one crossover vote was that of Republican Senator Roy Brown. He said that his pro-life views would be at odds with sup­port­ing cap­i­tal pun­ish­ment. To the argu­ment made by some that oppos­ing abor­tion pro­tects inno­cent life while cap­i­tal pun­ish­ment takes the life of a guilty per­son, Brown respond­ed, That is pret­ty sim­ple, pret­ty con­cise and easy to under­stand — but is it always? Is it always a guilty life?” He added. Yes, mis­takes do happen.”

(D. Baker, NM Gov Reconsiders Death Penalty,” Associated Press, February 16, 2009; M. Guoras, Senate endors­es death penal­ty ban,” Associate Press, February 16, 2009). See Recent Legislative Activity and New Voices.

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