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April 27, 2009

Unintended consequences of new death penalty rules

At least five pending capital punishment cases could be affected by new evidence restrictions in death penalty cases recently adopted by the General Assembly, The Washington Post is reporting.
One of those cases involves the 2007 shooting of a police officer in Washington County, according to the newspaper.

The restrictions were approved by the Assembly as part of a compromise hatched in the Maryland Senate. Gov. Martin O’Malley, a Democrat, was seeking a repeal of the death penalty. Many lawmakers wanted to keep it. What happened was a law to restrict murder cases that include DNA or other biological evidence, a videotape of the crime or a voluntary, video-recorded confession.

Some prosecutors say those limits will create an effective end to the death penalty.

Under the legal language of the compromise, the restrictions would be in place for cases that are decided after Oct. 1, and officials are saying that five cases could fall in that category – meaning the death penalty may not apply.

The Washington County police shooting has the potential to attract the most attention.

“This is certainly going to cause some righteous indignation among my constituents and law-enforcement officers statewide,” Del. Chris Shank, the House Republican whip from Western Maryland, told the Post.

Posted by David Nitkin at 12:08 PM | | Comments (1)
        

Comments

David,

Why is this an unintented consequence? Wasn't the legislature and O'Malley trying to do just this? They wanted stricter rules. Before the House passed this they said it would make almost every single case invalid. Jim Brochin is proud of this fact as he championed these changes. So why do you say unintended?

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Allen: I say unintended because lawmakers wanted the changes to affect prospective cases, not pending cases.
-- David

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Annie Linskey covers state politics and government for The Baltimore Sun. Previously, as a City Hall reporter, she wrote about the corruption trial of Mayor Sheila Dixon and kept a close eye on city spending. Originally from Connecticut, Annie has also lived in Phnom Penh, Cambodia, where she reported on war crimes tribunals and landmines. She lives in Canton.

John Fritze has covered politics and government at the local, state and federal levels for more than a decade and is now The Baltimore Sun’s Washington correspondent. He previously wrote about Congress for USA TODAY, where he led coverage of the health care overhaul debate and the 2010 election. A native of Albany, N.Y., he currently lives in Montgomery County.

Julie Scharper covers City Hall and Baltimore politics. A native of Baltimore County, she graduated from The Johns Hopkins University in 2001 and spent two years teaching in Honduras before joining The Baltimore Sun. She has followed the Amish community of Nickel Mines, Pa., in the year after a schoolhouse massacre, reported on courts and crime in Anne Arundel County, and chronicled the unique personalities and places of Baltimore City and its surrounding counties.
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