Post by SoulTrainOz on Jun 19, 2006 1:47:22 GMT -5
6/18/2006, 9:05 a.m. ET
By TIM MARTIN
The Associated Press
LANSING, Mich. (AP) — Michigan is considered to be one of the first English-speaking governments in the world to ban the death penalty for murder cases.
There hasn't been a state government-run execution in Michigan since before it was admitted to the union in 1837. The formal law blocking capital punishment for all crimes except treason took effect about a decade later, and that exception since has been closed.
State Rep. Dan Acciavatti, a Republican from Macomb County's Chesterfield Township, would give Michiganians a chance to decide if they want to keep their status as one of 12 states that doesn't allow capital punishment. Earlier this month he introduced a proposed constitutional amendment that would allow the death penalty to be considered in first-degree murder cases.
A person convicted of first-degree murder under current state law is sent to prison without possibility of parole.
"This issue needs to be discussed," said Acciavatti, who is in his second term in the House. "There are some people who just aren't swayed by the fact they could spend the rest of their life in prison. We need to have some additional options for the most violent, harshest offenders."
Acciavatti's poster boy is Patrick Selepak, a 27-year-old parolee who earlier this month pleaded guilty to killing a Genesee County man and is expected to plead guilty to killing a Macomb County couple. The killings came during a February crime spree shortly after Selepak was mistakenly released from prison after being arrested on a parole violation.
Prosecutors say Scott and Melissa Berels of New Baltimore were tortured before they were killed. Scott Berels was injected with bleach. Melissa Berels was choked.
Samantha Bachynski, 20, also faces charges in the deaths.
"That case opened my eyes," said Acciavatti, who represents the New Baltimore area. "We don't have other options for a case like that."
Acciavatti acknowledges his proposal has an uphill battle in the state Legislature. Every attempt to allow capital punishment in Michigan has failed, including recent efforts in 1999 and 2004. But his proposal may spark a discussion about how to get tougher penalties in place for certain criminals.
Recent death penalty proposals have not progressed far enough along to give people a chance to vote on them. Measures such as Acciavatti's require the approval of two-thirds of the members of the state Legislature before it would be placed on the general statewide election ballot.
A 2004 vote in the House failed to get enough support to move the measure on to the Senate. And a petition drive that would have placed the proposal on the ballot anyway got a late start and failed to collect enough voter signatures.
Any attempt to allow the death penalty in Michigan has met with quick resistance from organizations that say the punishment is immoral, inhumane or a flawed system of punishment that does not do much to deter crime.
"State-sanctioned killing is bad public policy and does nothing to protect the promotion of human life, even in its most imperfect form," said Dave Maluchnik, a spokesman for the Michigan Catholic Conference.
The Catholic organization says life without parole is a just punishment for the "heinous crime of murder" and should be used to protect society from that sort of criminal.
The U.S. Supreme Court temporarily abolished capital punishment in 1972 because it found the penalty was disproportionately being applied to blacks and poor people. Several states and the federal government soon began working toward new capital punishment laws and courts have decided some of those plans were constitutional.
In 1977, Utah was the first state to use the death penalty under the new laws. Thirty-eight states and the federal government now have laws allowing capital punishment, although five states have not used the option their revamped laws permit, according to the Death Penalty Information Center in Washington.
More than 1,000 inmates have been executed nationwide since the new laws began taking effect in the late 1970s. Texas, with 366 executions, has had the most. Virginia, Oklahoma, Missouri and Florida have had at least 60 each.
Other states have balked at using the punishment amid concerns that mistakes could be made and innocent people could be killed. In 2003, for example, then-Illinois Gov. George Ryan suspended executions and cleared out the state's death row.
Others argue there are cases where guilt is not questioned and capital punishment is appropriate.
"The people of Michigan want to vote on this issue," said Lincoln Park resident Jim Bowens, who advocated for the death penalty in certain cases after his son, a Detroit police officer, was shot to death along with his partner during a 2004 traffic stop. "There would be a lot of support for it. It's something all the people should decide, not just a few lawmakers in Lansing."
Eric Marshall, the man convicted of killing officers Matthew Bowens and Jennifer Fettig, was sentenced to life in prison without the possibility of parole.
If the death penalty doesn't become an option in such cases, Acciavatti said other punishments should be considered. That could include confining first-degree murderers to high-security prisons for the duration of their sentences and denying them television, fitness equipment and other recreational activities available to convicts.
"We've got to consider something different for the most violent offenders," Acciavatti said.
The death penalty proposal is House Joint Resolution Y
Source: www.mlive.com/newsflash/michigan/index.ssf?/base/news-35/1150636762252750.xml&storylist=newsmichigan&thispage=1
By TIM MARTIN
The Associated Press
LANSING, Mich. (AP) — Michigan is considered to be one of the first English-speaking governments in the world to ban the death penalty for murder cases.
There hasn't been a state government-run execution in Michigan since before it was admitted to the union in 1837. The formal law blocking capital punishment for all crimes except treason took effect about a decade later, and that exception since has been closed.
State Rep. Dan Acciavatti, a Republican from Macomb County's Chesterfield Township, would give Michiganians a chance to decide if they want to keep their status as one of 12 states that doesn't allow capital punishment. Earlier this month he introduced a proposed constitutional amendment that would allow the death penalty to be considered in first-degree murder cases.
A person convicted of first-degree murder under current state law is sent to prison without possibility of parole.
"This issue needs to be discussed," said Acciavatti, who is in his second term in the House. "There are some people who just aren't swayed by the fact they could spend the rest of their life in prison. We need to have some additional options for the most violent, harshest offenders."
Acciavatti's poster boy is Patrick Selepak, a 27-year-old parolee who earlier this month pleaded guilty to killing a Genesee County man and is expected to plead guilty to killing a Macomb County couple. The killings came during a February crime spree shortly after Selepak was mistakenly released from prison after being arrested on a parole violation.
Prosecutors say Scott and Melissa Berels of New Baltimore were tortured before they were killed. Scott Berels was injected with bleach. Melissa Berels was choked.
Samantha Bachynski, 20, also faces charges in the deaths.
"That case opened my eyes," said Acciavatti, who represents the New Baltimore area. "We don't have other options for a case like that."
Acciavatti acknowledges his proposal has an uphill battle in the state Legislature. Every attempt to allow capital punishment in Michigan has failed, including recent efforts in 1999 and 2004. But his proposal may spark a discussion about how to get tougher penalties in place for certain criminals.
Recent death penalty proposals have not progressed far enough along to give people a chance to vote on them. Measures such as Acciavatti's require the approval of two-thirds of the members of the state Legislature before it would be placed on the general statewide election ballot.
A 2004 vote in the House failed to get enough support to move the measure on to the Senate. And a petition drive that would have placed the proposal on the ballot anyway got a late start and failed to collect enough voter signatures.
Any attempt to allow the death penalty in Michigan has met with quick resistance from organizations that say the punishment is immoral, inhumane or a flawed system of punishment that does not do much to deter crime.
"State-sanctioned killing is bad public policy and does nothing to protect the promotion of human life, even in its most imperfect form," said Dave Maluchnik, a spokesman for the Michigan Catholic Conference.
The Catholic organization says life without parole is a just punishment for the "heinous crime of murder" and should be used to protect society from that sort of criminal.
The U.S. Supreme Court temporarily abolished capital punishment in 1972 because it found the penalty was disproportionately being applied to blacks and poor people. Several states and the federal government soon began working toward new capital punishment laws and courts have decided some of those plans were constitutional.
In 1977, Utah was the first state to use the death penalty under the new laws. Thirty-eight states and the federal government now have laws allowing capital punishment, although five states have not used the option their revamped laws permit, according to the Death Penalty Information Center in Washington.
More than 1,000 inmates have been executed nationwide since the new laws began taking effect in the late 1970s. Texas, with 366 executions, has had the most. Virginia, Oklahoma, Missouri and Florida have had at least 60 each.
Other states have balked at using the punishment amid concerns that mistakes could be made and innocent people could be killed. In 2003, for example, then-Illinois Gov. George Ryan suspended executions and cleared out the state's death row.
Others argue there are cases where guilt is not questioned and capital punishment is appropriate.
"The people of Michigan want to vote on this issue," said Lincoln Park resident Jim Bowens, who advocated for the death penalty in certain cases after his son, a Detroit police officer, was shot to death along with his partner during a 2004 traffic stop. "There would be a lot of support for it. It's something all the people should decide, not just a few lawmakers in Lansing."
Eric Marshall, the man convicted of killing officers Matthew Bowens and Jennifer Fettig, was sentenced to life in prison without the possibility of parole.
If the death penalty doesn't become an option in such cases, Acciavatti said other punishments should be considered. That could include confining first-degree murderers to high-security prisons for the duration of their sentences and denying them television, fitness equipment and other recreational activities available to convicts.
"We've got to consider something different for the most violent offenders," Acciavatti said.
The death penalty proposal is House Joint Resolution Y
Source: www.mlive.com/newsflash/michigan/index.ssf?/base/news-35/1150636762252750.xml&storylist=newsmichigan&thispage=1