With the back­ing of the state’s gov­er­nor and attor­ney gen­er­al, Democratic and Republican spon­sors of a bill to repeal Washington’s cap­i­tal-pun­ish­ment statute have expressed opti­mism that the state may abol­ish the death penal­ty in 2018. In 2017, Attorney General Bob Ferguson, a Democrat, was joined by for­mer Attorney General Rob McKenna, a Republican, in call­ing on the leg­is­la­ture to end the state’s death penal­ty. Ferguson, who has said “[t]here is no role for cap­i­tal pun­ish­ment in a fair, equi­table and humane jus­tice sys­tem,” is press­ing leg­is­la­tors to take up the bill this year. Governor Jay Inslee fea­tured the bill in his January 9, 2018 State of the State address, urg­ing leg­is­la­tors to leave a lega­cy that upholds the equal appli­ca­tion of jus­tice by pass­ing a bill to end the death penal­ty in the state of Washington.” The bill, now num­bered SB 6052, has bipar­ti­san back­ing: two of its spon­sors in each house are Republicans. And Senator Jamie Pedersen (D‑Seattle), the chair of the Senate Law and Justice Committee, to which the bill has been referred, said “[t]he stars may be align­ing now for sup­port of doing away with the death penal­ty.” Both Republican spon­sors in the Senate have ques­tioned the val­ue of the death penal­ty for mur­der vic­tims’ fam­i­lies and stressed that cap­i­tal pun­ish­ment runs counter to con­ser­v­a­tive val­ues. Sen. Mark Miloscia (R‑Milton) wrote in a recent op-ed, many mur­der vic­tims’ fam­i­lies oppose cap­i­tal pun­ish­ment because it’s lit­tle more than a long, re-trau­ma­tiz­ing process that doesn’t give them the jus­tice that they deserve.” He said con­tin­u­ing with the death penal­ty is unjus­ti­fi­able giv­en its fail­ure to con­tribute to pub­lic safe­ty, its high cost, and the ever-present risk of killing an inno­cent per­son.” Sen. Maureen Walsh (R‑Walla Walla) said, The death penal­ty isn’t real­ly accom­plish­ing a won­der­ful relief to [vic­tims’] fam­i­lies.” The repeal bill was stalled in 2017 when Senator Mike Padden, the for­mer judi­cia­ry com­mit­tee chair­man, refused to hold hear­ings on the bill. When Democrats gained con­trol of the state sen­ate after the November 2017 elec­tions, Pederson replaced Padden, paving the way for com­mit­tee action on the bill. The votes are there,” Attorney General Ferguson said. I’m rea­son­ably opti­mistic that this could be the year.” Miloscia said he, too, is high­ly opti­mistic .… I think this is some­thing that peo­ple on both sides of the aisle want to get done.” Washington has a sim­i­lar pro­file to oth­er states that have recent­ly abol­ished the death penal­ty. Its mur­der rate is sig­nif­i­cant­ly below the nation­al aver­age and, as with most of the states that have done away with cap­i­tal pun­ish­ment, it has a very low rate of mur­ders of police offi­cers. The high cost of the death penal­ty is also a fac­tor for leg­is­la­tors. According to a 2015 Seattle University study, each death-penal­ty pros­e­cu­tion cost an aver­age of $1 mil­lion more than a sim­i­lar case in which the death penal­ty was not sought. In an email to the Washington Newspaper Publishers Association, Senator Walsh said tax­pay­ers foot the mul­ti-mil­lion dol­lar appeals process for the accused and we spend $50,000/year for incar­cer­a­tion. … A life sen­tence with no chance of ear­ly release saves mon­ey and issues the ulti­mate pun­ish­ment by deny­ing the con­vict­ed their free­dom and lib­er­ties for life.” Washington has not car­ried out an exe­cu­tion since 2010, and Governor Inslee — who imposed a mora­to­ri­um on exe­cu­tions in February 2014 — has said he will not allow exe­cu­tions to take place while he is in office.

(Lauren Gill, END OF THE DEATH PENALTY? WASHINGTON COULD BECOME NEXT STATE TO ABOLISH CAPITAL PUNISHMENT, Newsweek, January 11, 2018; Max Wasserman, Could this be the year the death penal­ty is repealed in Washington state?, The News Tribune, January 10, 2018; Taylor McAvoy, Ferguson wants death penal­ty abol­ished, The Daily Sun, January 8, 2018.) See New Voices and Recent Legislative Activity.

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