To: WSFAlist at keithlynch.net
Date: Fri, 10 May 2002 16:37:10 -0400
Subject: [WSFA] Re: Good news in Maryland
From: ronkean at juno.com
Reply-To: WSFA members <WSFAlist at keithlynch.net>

On Fri, 10 May 2002 09:45:07 -0400 "Strong, Lee" <StrongL at MTMC.ARMY.MIL>
writes:
>         As was my comment.
>         On a more serious note, is Governor Glendening reacting to
> abuses of
> justice committed by his own administration?
>

I don't know what Glendening said in this case, but the general idea used
to justify the suspension in other states has been that the death penalty
falls disproportionately on the poor, minorities, the uneducated, and the
ill-advised(surprise?).  Often, the decision has been made after a blue
ribbon completes a careful study of the matter.

In MD, almost all prosecutions which result in the death penalty are
initiated by county State's Attorneys.  Those are county elected offices,
so they are not really under the state executive, though they are
supposed to cooperate with the state Attorney General.  The SAs are also
'officers of the court' and therefore subject to the criminal procedure
rules set by the Court of Appeals (MD's highest court).

Reform of the criminal justice system would mostly have to be addressed
by the legislature, and because of the gubernatorial veto power, the
governor plays an important role in lawmaking.  Also, any broad reform
effort would probably involve creating a governor-appointed commission
authorized by the legislature, which would make recommendations to the
legislature.  Since Glendening has been governor for nearly 8 years, and
an activist one at that, he could perhaps be faulted for not having done
more to improve the criminal justice system.  It's too late now for him,
because the last legislative session of his last term is already
finished.  But suspending the death penalty is probably a good interim
move.

Ron Kean

.

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