New Hampshire Governor Christopher Sununu (pictured) has vetoed a bill that would have abolished the state's death penalty. Surrounded by law enforcement officers as he vetoed the bill on June 21, 2018, Sununu said, “[w]hile I very much respect the arguments made by proponents of this bill, I stand with crime victims, members of the law enforcement community and advocates for justice in opposing it. New Hampshire does not take the death penalty lightly and we only use it sparingly.” New Hampshire has only one person on death row, Michael Addison, who was sentenced to death for killing police officer Michael Briggs. No one has been executed in New Hampshire since 1939. The death-penalty repeal bill, which applied only to future cases, passed the state Senate by a 14-10 vote in March, and passed the House by a 223-116 vote in April. It received bipartisan support in both legislative houses. While Sununu invoked the views of crime victims and law enforcement in opposition to repeal, Rep. Renny Cushing, a repeal supporter whose father was murdered, said not all crime victims agree. “Many murder victim family members in our state paid a very painful, harsh price for the right to tell Gov. Sununu that we don't want killing in our name. The reality is that the death penalty does not do the one thing we wish it would do: bring our loved ones back.” When the repeal bill passed, Rep. Richard O’Leary, a former deputy police chief in Manchester, said he voted for the bill because “I don’t believe we have the right under any circumstances, except immediate self-defense, to take a life. Once the criminal has been subdued, arrested, segregated from society and rendered defenseless, I cannot see where the state has any compelling interest in executing him. It’s simply wrong.” This is the third time since 2000 that New Hampshire has come close to abolishing capital punishment. In 2000, Governor Jeanne Shaheen vetoed a repeal bill that had passed both houses of the legislature, and in 2014, a bill passed the House and garnered the support of Governor Maggie Hassan, but failed on a tie vote in the Senate. A DPIC study of 29 years of FBI homicide data found no discernible relationship between state murder trends and the presence or absence of the death penalty, and provided evidence that the death penalty has not made police officers or the public safer. The study found that murder rates in general and murders of police officers are consistently higher in states that have the death penalty and that police officers were killed at a rate 1.37 times higher in current death-penalty states than in states that had long abolished capital punishment. All six states in New England have murder rates well below the national average. Five New England states are among the ten safest states in the country for police officers. However, in New Hampshire—the only New England state with the death penalty—officers are killed at a rate higher than the national average.

(Josh Rogers, Sununu Vetoes Death Penalty Repeal, New Hampshire Public Radio, June 21, 2018; Dave Solomon, Sununu follows through on promise to veto repeal of death penalty, New Hampshire Union Leader, June 21, 2018; Holly Ramer, As promised, Sununu vetoes death penalty repeal bill, Associated Press, June 21, 2018.) See Recent Legislative Activity and New Hampshire.

Harvard Law Professor Carol Steiker (pictured), co-author of the highly acclaimed book, Courting Death: The Supreme Court and Capital Punishment, joins DPIC’s Robin Konrad for a provocative discussion of the past and future of America’s death penalty. In the latest episode of Discussions with DPIC, Professor Steiker—who served as a clerk for Supreme Court Justice Thurgood Marshall—takes us inside the walls of the Court for insights on the justices’ approaches to capital-punishment jurisprudence and the impact of Justice Marshall’s legacy on the Court today. She describes her experience with death-penalty cases as a U.S. Supreme Court clerk, and talks about the recurring evolution of the justices’ views on the death penalty as they experience years of failed attempts to redress its systemic flaws. In putting the modern death penalty in context, Professor Steiker focuses particularly on the relationship between race and capital punishment. “Today’s death penalty,” she says, “is inextricably tied to a history of slavery, of lynching, of progressive anti-lynching support of the death penalty. Those are the waves of history that are still lapping at the shore of the present.” The legacy of that history, she says, continues to be felt in the overwhelmingly disproportional use of capital punishment by the states of the former Confederacy, as compared to the rest of the country, and the disparate pursuit and imposition of the death penalty in cases involving White victims. Steiker identifies systemic problems in today’s death penalty that she says could some day lead the U.S. Supreme Court to declare it unconstitutional, including the politicization of judges and prosecutors and the “abysmal” state of capital representation. When and if abolition occurs, she says, will depend ultimately on the composition of the Court.

(Discussions With DPIC podcast, Professor Carol Steiker, Author of Courting Death, Offers an Inside Look at the Supreme Court and the History and Future of America’s Death Penalty, posted by DPIC, June 21, 2018; Carol Steiker and Jordan Steiker, "Courting Death: The Supreme Court and Capital Punishment," The Belknap Press of Harvard University Press, 2016.) See Podcasts, Race, and History of the Death Penalty.