New Mexico Repeals Death Penalty

Governor Bill Richardson signed the bill today, calling the criminal justice system "inherently defective" in its use of the death penalty. The bill replaces the death penalty with life without the possibility of parole.

New Mexico has executed only one person since the penalty was reinstated in 1976. It is the second state to have banned capital punishment since the reinstatement by the U.S. Supreme Court (the other is New Jersey). There are now 15 states which have no death penalty.

The law goes into effect in July and will apply only to crimes committed after then. Two current death row inmates' sentences are unchanged by the law.

Note, however, that individuals sentenced to life imprisonment without the possibility of parole, though they are not eligible for parole may seek amnesty, commutation, or pardon from the governor.

Posted by: Gabriel Malor at 09:13 PM

Comments

1 Note to self: you can shank all you want in New Mexican prison. What else are they going to do to you?

Posted by: Techie at March 18, 2009 09:16 PM (QYuCD)

2 NY legislature passed a death penalty, top state court effectively killed it.

Posted by: the real joe at March 18, 2009 09:21 PM (aqGyO)

3 Nice move by Bill Richardson, soon to be known as inmate number 1234567. Reminds me of George Ryan in Illinois, who put a moratorium on the death penalty before he got shipped off to the pokey, too.

Posted by: Andy at March 18, 2009 09:21 PM (B+HYX)

4 Note, however, that individuals sentenced to life imprisonment without the possibility of parole, though they are not eligible for parole may seek amnesty, commutation, or pardon from the governor.

Which is exactly why I went from being against the Death Penalty to for it.
If they can let these people out they will. Pretty soon will be sentencing sick bastards like the Austrian guy to 6 year sentences too.

Posted by: Rocks at March 18, 2009 09:21 PM (3RHzM)

5 Yay! Next up, set 'em all free so that they can play with the Gitmo terrorists coming to town.

<pause>

Errr... why is Richardson still Governor? Isn't he supposed to be in court on corruption charges or something? Oh! I get it. He's trying to make sure he'll get a warm welcome from his future inmate buddies once he joins them.

Posted by: Damiano at March 18, 2009 09:23 PM (cfKer)

6 The death penalty is too expensive to enforce too.Too expensive can you imagine??

Posted by: steevy at March 18, 2009 09:23 PM (jvwvr)

7 I'm okay with this. I don't like the idea of the state ever having the power to take a life, even that of a horrendous human being.

I'd feel better about it though if it was clear that life in prison meant an extremely miserable life in prison.

Posted by: Tommy V at March 18, 2009 09:24 PM (/PwQS)

8 California has done this for years. You get sentenced to "death", figure you'll be on death row for at least 25 years. The anti-death people, in collusion with the courts have rendered "the death penalty" a thing of the past. As for "life without possibility of parole"........check out what happened to the Manson family after the Kali-Court overturned the death penalty.

Shakespeare had it right, 1st thing to do after the revolution is kill all the lawyers.

Posted by: GarandFan at March 18, 2009 09:24 PM (237hA)

9 1:

Well, the only downside would be life in solitary (and a transfer to supermax) which is, basically, the slow boat to complete insanity.

Posted by: ECM at March 18, 2009 09:27 PM (q3V+C)

10 The problem with "The State shouldn't have the right to take a life" argument, IMAO, is that we already grant the State implicit right to "take life". Do we try every soldier coming back from Iraq and Afghanistan as accessory to murder?

What about the police sniper that ends the hostage situation with a headshot?

I do think that the DP should be reserved for truly heinous crimes, and should carry a superior burden of proof. Like above "beyond reasonable doubt" to "beyond absolute doubt" or something. I'm no lawyer.

Posted by: Techie at March 18, 2009 09:28 PM (QYuCD)

11 I have always been for the idea of shipping all prisoners to an island. No guards, no nothing. Perhaps fly over once a month a drop some seeds down there or something. If and when your time is ever up; we fly over, drop a rope ladder and call your name. If you make it up the ladder within 5 minutes, you're sentence is complete.

My understanding was that prison was a place for people who have chosen to live outside society's laws and values. Fine. I can respect that choice. Here's your ticket somewhere else where there are no laws. Best of luck.

Posted by: Damiano at March 18, 2009 09:32 PM (cfKer)

12 Shakespeare had it right, 1st thing to do after the revolution is kill all the lawyers.

Okay, I'll be the dork who points out that that line is actually spoken by a bad guy, which inverts its modern connotation.

I take your other points, though.

Posted by: AndrewR at March 18, 2009 09:32 PM (NxGC+)

13 "Like above "beyond reasonable doubt" to "beyond absolute doubt" or something."

Never happen. I've seen juries acquit when EVERYTHING was taped and on video just because one shit-head had 'a reasonable doubt', usually based on "oh, they had such a horrible life, they had no choice".

Posted by: GarandFan at March 18, 2009 09:33 PM (237hA)

14 I do think that the DP should be reserved for truly heinous crimes, and should carry a superior burden of proof. Like above "beyond reasonable doubt" to "beyond absolute doubt" or something. I'm no lawyer.

I think that pretty much everyone believes that. You know, stuff like this really upsets me. To each their own, but IMO if one kills and rapes, then they have no reason to ever live in society, and prison is part of society, that leaves two options: float them up to Northern Canada, or put them to death. Either one is fine by me.

I am big supporter of the death penalty, my grandfather was shot and killed in home while being robbed, and I wish every day that all three people that broke in got the death penalty. The thought that all three are free now makes me sick.

Yes, I have been affected severely by a crime, and I will not be "big" about it. Those men should have been hanged, but I live in the People Republic of New York, where crime pays.

Posted by: BrackaBama at March 18, 2009 09:38 PM (WyANy)

15

The only bitch I have about the death penalty is that District Attorneys use it to make their bones to become (tough on crime) judges.They'll put anyone, guilty or not, on death row to be elected judge. That's where it all breaks down. I know that's a bit simplistic since all sorts of cops also love to wear gold braid for their roles in putting someone on death row.

When there's incontrovertible physical evidence I'm all for putting down the killers like rabid dogs. Fuck the supposedly "mitigating" circumstances. But, unfortunately, it's come to the point where I now have very little faith in our "justice system".

Posted by: Tinian at March 18, 2009 09:39 PM (Ohodx)

16 Never happen. I've seen juries acquit when EVERYTHING was taped and on video just because one shit-head had 'a reasonable doubt', usually based on "oh, they had such a horrible life, they had no choice".

Hmmm, I have never really heard of that except in a couple cases, 1. self defense, 2. spousal abuse.

But it is interesting, IMO that prosecuting lawyers fault for not picking better jurors, and likely to get appealed, right?

Posted by: BrackaBama at March 18, 2009 09:42 PM (WyANy)

17 With DNA testing we can be more sure than ever that most individuals are, in fact, the guilty party.

Posted by: nickless at March 18, 2009 09:42 PM (MMC8r)

18 Well if NM has executed one prisoner in 33 years, maybe they figured they practically had a de facto ban in place anyway. It's their business.

Posted by: Jones at March 18, 2009 09:42 PM (KOkrW)

19 sentenced to life imprisonment without the possibility of parole, amnesty, commutation, or pardon

That ROCKS!

Why waste money on executions and all the care involved with doing it right so society's collection conscience will be clear - Guilty! sentence is to as slow a death as you are willing to make it. Hey, this is not execution, you'll just die of old age.

I wouldn't do it to a dog gone bad.

Posted by: Druid at March 18, 2009 09:42 PM (nFeDb)

20 "New Mexico has executed only one person since the penalty was reinstated in 1976."

Clearly the situation was out of control.

Posted by: Powdered Milk Man at March 18, 2009 09:44 PM (QOw4s)

i thought that prick was in jail already.

oh wait that was on planet fucking sane.

Posted by: unamerican hate mongering evil libertaraian aka e.koenig at March 18, 2009 09:45 PM (2J+Vs)

22 Forgot to add, in 30 years as a cop, I had occasion to meet several stone cold killers. Some were right up front about it, others would wait to stab you in the back. Neither thought any more of it that swatting a mosquito. If you stood in their way of doing something they wanted to do, you'd be dead. No conscience, no remorse (other than getting caught). Some came from shitty backgrounds, others from "normal" ones. They all looked like you or me from the outside. Prison to them was 3 hots and a cot, a break from the daily grind. If anyone crossed them in prison, same deal. Dead. BUT, you throw people like that in SuperMax, and suddenly you are the beast, the hard-hearted, the uncompassionate, the uncaring.
God, how I'd love to send one of those guys to a lib's house for the weekend. Only I know I'd be an accessory to murder. Even predators in the wild kill those who don't conform to the norms of the pack, and threaten it's existence. Like it or not, the human species is a predator.

Posted by: GarandFan at March 18, 2009 09:46 PM (237hA)

23 That's OK, just send them over here.

Posted by: SouthTexas at March 18, 2009 09:47 PM (XCwno)

24 You get sentenced to "death", figure you'll be on death row for at least 25 years.

Free room & board for 25 years? Fuck ya! I'm all ovah that.

Posted by: adamthemad at March 18, 2009 09:48 PM (aUyuV)

25 I live here in New Mestizo-ville. The government is corrupt here all the way up, all the way down. It took the US Attys 25 years to bust one of Billy Gordos' good pals - Manny Aragon.

One of the few legit roles for government is to protect the People. The argument that the death penalty costs "more" than imprisonment is pure lib sophistry; after the ceaseless Tookification of felony murderers and the abuse of the system by scum it does cost a lot to set them to room temp.

Getting back to Gordo and Manny - the former Speaker of the House hired majorweight heroin traffickers to work for his front businesses. Twice. Many of the legislators here are small-change variants of the DC crowd, with their own criminal spawn and associates. Billy was just checking for his posse

Consign their own to justice ? Que ? Noway !

Posted by: OhioDude at March 18, 2009 09:50 PM (Ftcrf)

26

Well if NM has executed one prisoner in 33 years, maybe they figured they practically had a de facto ban in place anyway. It's their business.

Posted by: Jones at March 18, 2009 09:42 PM (KOkrW)

Pretty much the same thing in PA, though every DA who wants to become a judge first has to get a conviction with a death sentence.

Posted by: Tinian at March 18, 2009 09:50 PM (Ohodx)

well at least we can take solace in the fact that the child rapist/molester/murders are going to get poked in the the hiney and stabbed to death anyways.

Posted by: unamerican hate mongering evil libertarian aka e.koenig at March 18, 2009 09:50 PM (2J+Vs)

28 check out what happened to the Manson family after the Kali-Court overturned the death penalty.

Aren't all the Manson kidz still behind bars in California?

And Charlie is bugfuck crazy; no way they'll let that fucker out any way except feet first, not even California.

Posted by: OregonMuse at March 18, 2009 09:50 PM (lQ5G1)

29 "New Mexico has executed only one person since the penalty was reinstated in 1976."

El Butterball wouldn't pander, would he?

Posted by: nickless at March 18, 2009 09:50 PM (MMC8r)

30 Aren't all the Manson kidz still behind bars in California?

Yep, and they ALL have PAROLE hearings about every 2 years. Charlie doesn't show up for his.

Posted by: GarandFan at March 18, 2009 09:52 PM (237hA)

31 sentenced to life imprisonment without the possibility of parole, amnesty, commutation, or pardon

Druid who suggested that?

Posted by: Rocks at March 18, 2009 09:52 PM (3RHzM)

32 Like above "beyond reasonable doubt" to "beyond absolute doubt" or something. I'm no lawyer.

To further that, I think there is something in human dynamics that would imply if the State does not have the circumscribed monopoly on the right to take a life, then revenge killing becomes the norm. If we don't agree to uphold the social contract where the State is the final arbiter, I believe that anyone could take that right into their own hands. Not the recipe for a 'good' society.

To blaspheme and illustrate at the same time, "Vengeance is mine, sayeth the Lord."

Posted by: adamthemad at March 18, 2009 09:59 PM (aUyuV)

33 I don't trust the courts enough. Judges, prosecutors, lawyers etc. All political assholes looking to advance their career while your ass is in the sling. I just don't trust the fucking system enough anymore.

Posted by: Berserker at March 18, 2009 09:59 PM (gWHrG)

calling the criminal justice system "inherently defective" in its use of the death penalty.

This is frankly, bullshit.

New Mexico has executed only one person since the penalty was reinstated in 1976.

They've only executed ONE guy.

You telling me the one and only guy they executed was innocent?

If so, then I agree with this call.

Posted by: Entropy at March 18, 2009 10:02 PM (cok/k)

35 I have yet to hear an argument for why the following is "humane":

"The bill replaces the death penalty with life without the possibility of parole."

Unlike death, we get to house, feed, clothe, and guard murderers, rapists, kidnappers, and terrorists for the remainder of their lives.

So, they are like dead, but we get to pay for their dead-lives.

Posted by: joe pyne at March 18, 2009 10:04 PM (LcIae)

36 I've seen juries acquit when EVERYTHING was taped and on video just because one shit-head had 'a reasonable doubt', usually based on "oh, they had such a horrible life, they had no choice".
OJ much?
It's called Jury Nullification.
We trust juries to follow their instructions. Can't make them do it.

Posted by: the real joe at March 18, 2009 10:04 PM (aqGyO)

37 The death penalty is too expensive to enforce...
Ah, bullshit. The state's attorneys are on salary.

Posted by: the real joe at March 18, 2009 10:06 PM (aqGyO)

38 What would technically not equate to capital punishment.is organ harvesting and medical experimentation. Also, with my background in psychology, I would like to have ready made subjects for fascinating forays into sleep deprivation therapy, nausea therapy, sensory desensitization therapy, weeks of hallucinogenic therapy, and continual loop repetitions of the details of their crimes. After they've gone mad, the subjects can be effectively reprogrammed into performing simple and repetitive tasks currently performed by our overseas competitors.

After all, the lefties are always talking about advancing the cause of science...and we'll have a workforce up to the task of restoring American manufacturing!

Posted by: Big Fat Meanie at March 18, 2009 10:10 PM (n2eCn)

39 Aren't all the Manson kidz still behind bars in California?

Yep, and they ALL have PAROLE hearings about every 2 years. Charlie doesn't show up for his.

I doubt any of them will ever be freed. The Tate-LaBianca murders are just too notorious, even after 40 years, for the murderers to expect any kind of leniency.

Susan Atkins is dying of cancer and her plea for a "compassionate release" was turned down unanimously in 2008.

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40 #40 Entropy,

Except that the ammo is out of stock, with no back order available...thanks to Obamassiah.

And I disagree with the round you have chosen. I'm assuming a short range, perhaps no more than 2-3 feet. So my choice would be a .45ACP 185grain HP. Bigger cross-section for a larger cavity. But, in a pinch, I would happily use the 5.45x39.

Posted by: NJconservative at March 18, 2009 10:27 PM (nwJit)

41 Hey nixay the cancer theoryay on McQueen He died in 1980 and Papillon was released in 1973. I do know his last two movies were Tom Horn and Bounty Hunter. He definetly had cancer while filming Tom Horn . A little McQueen movie trivia. The Thomas Crown Affair with Pierce Brosman was a remake of McQueens early 60's edition.

Posted by: Krazy Kat at March 18, 2009 10:27 PM (NxTgx)

42 Meh.

Posted by: ATNorth at March 18, 2009 10:29 PM (XH/G8)

Uh... WTF?

CENSORSHIP!

Seriously who ate my post?

Posted by: Entropy at March 18, 2009 10:32 PM (cok/k)

44 with DNA evidence, what's the probability of sending an innocent to the chamber?

The left is for 3rd trimester abortions and against the death penalty... and conservatives are anti-science???

Posted by: phreshone at March 18, 2009 10:32 PM (oH2N4)

45 phreshone @ 44: Well, DNA evidence is tricky that way. Even if DNA evidence can tie the suspect to the crime scene, it doesn't necessarily prove the suspect's guilt. So even with DNA the probability of sentencing an innocent man to death is not zero.

Posted by: chemjeff at March 18, 2009 10:36 PM (XnwJY)

I really don't like the death penalty because it is irreversible, and I don't trust the justice system enough to believe that even in death penalty cases that it can't make significant mistakes which result in wrongful conviction. I know that is what appeals are for but not all mistakes are revealed through appeals. Plus there is always the possibility of exculpatory evidence being discovered later on. So I suppose I nominally support what New Mexico did. But, frankly, I hate it that my rational and libertarian-esque anti-death-penalty arguments have to be lumped in with the fruity liberal "society made him do it" insane views or the totally dishonest "it's just too expensive (because our pals at the ACLU intentionally jack up the cost by filing appeal after appeal)" argument.

Posted by: chemjeff at March 18, 2009 10:42 PM (XnwJY)

"New Mexico Repeals Death Penalty"

California has done this for years. The anti-death people, in collusion with the courts have rendered "the death penalty" a thing of the past.

Say what?

Posted by: Stan "Tookie" Williams at March 18, 2009 10:43 PM (mZhdx)

48 Ha Ha Ha Ha I can't understand why Charlie doesn't make parole hmmm. http://tinyurl.com/chj9p8

Posted by: Krazy Kat at March 18, 2009 10:45 PM (NxTgx)

49 Chemjeff, it all depends on the circumstances of the DNA evidence. Semen on a dead victim is just that. The victim's blood all over the defendant is somewhat more damning.

Posted by: the real joe at March 18, 2009 10:47 PM (aqGyO)

50 "I do think that the DP should be reserved for truly heinous crimes, and should carry a superior burden of proof. Like above "beyond reasonable doubt" to "beyond absolute doubt" or something."
Never happen. I've seen juries acquit when EVERYTHING was taped and on video just because one shit-head had 'a reasonable doubt', usually based on "oh, they had such a horrible life, they had no choice".

Posted by: GarandFan at March 18, 2009 09:33 PM (237hA)

Yeah, tell me about it.

Posted by: Zacarias Moussaoui at March 18, 2009 10:48 PM (mZhdx)

51 Real joe @ 49, well yeah and that's my point. A lot of people have this misconception that DNA evidence is like magic that can determine unambiguously guilt or innocence, because "it's science". Well, it can't.

Posted by: chemjeff at March 18, 2009 10:50 PM (XnwJY)

The next piece of legislation needs to be one designating the entire strip of the state bordering Mexico a fuckin' graveyard, becuse that is what it will become now.

Posted by: Gerry Owen at March 18, 2009 10:57 PM (oGv5F)

53 Economically, life in prison is cheaper than the death penalty. So the beef about paying for life in prison is a null argument.

Morally, the death penalty is absolutely correct philosophically, but absolutely monstrous in practice. Is is almost an absolute certainty that the American justice system has murdered innocent people under the imprimatur of law. That's not some indictment of America, it's just to say that human primates are liars and immoral scumbags by default, and that extends to cops and prosecutors just like the rest of us. The idea of an innocent man being imprisoned and executed by the government through either malice or just plain incompetence (more likely) is so appalling that it's better to give up the justifiable desire for revenge on the truly guilty than risk the ultimate violation of a citizen's rights. Life in prison is plenty awful, and we avoid the possibility of killing the innocent.

Posted by: Henry at March 18, 2009 11:16 PM (vIivE)

54 31 sentenced to life imprisonment without the possibility of parole, amnesty, commutation, or pardon

Druid who suggested that?

My bad - wishful thinking

Posted by: Druid at March 18, 2009 11:42 PM (nFeDb)

55 Kill them all, let Allah sort them out.

Posted by: JB at March 19, 2009 01:57 AM (rVxHX)

56 I agree with Henry at #53. The court system is far too corrupt these days to trust the government not to screw up and kill innocent people. Look at how many people they put away for DV/Rape cases that end up cleared due to DNA evidence. All because of the crazy hysteria going on with sex crimes. Fels Acre or the McMartin cases in the 80s being prime examples.

Posted by: JS at March 19, 2009 03:01 AM (geqYz)

57 There are sound conservative/libertarian arguments against the death penalty, the primary one being that our legal system is no longer trustworthy. Let's say for example that you have a job where you are paid a salary, and also a stipend for meeting some goals. You achieve those goals, get your additional pay, and then Congress passes an ex-post-facto law to tax all that money away. Just hypothetical of course. So you take your contract into court along with a copy of the Constitution. Do you trust the judge to enforce our laws and make sure you get the money you earned?

Then why the hell are we leaving the lives of our fellow citizens at the mercy of a prosecutor whose intent is to run for governor and the judgment of 12 unemployed people?

Posted by: Herr Morgenholz at March 19, 2009 06:18 AM (64k9t)

The problem with the anti-death penalty alternative is this: Life in Prison without parole,etc; doesn't mean that. It means, basically, imprisonment until your sentence is commuted, pardoned, granted "compassionate release" - or until you escape since no one has yet invented a perfect prison. Not to execute killers and rapists is to take a chance they will find a way to kill and rape again. And if you put them in a supermax prison or solitary confinement, be assured they will spend all their time with friendly lawyers filing appeals until they get out.

I also think that once the death penalty is abolished, the libs will go the next step and argue that life imprisonment is too harsh, so lets do what they do in Europe and let them out after 20 years, max. After all, the little darlings in prison are the real victims of our cruel and unjust American society, right?

Posted by: BattleofthePyramids at March 19, 2009 07:39 AM (2w7Dd)

You telling me the one and only guy they executed was innocent? Posted by: Entropy

No, the motherfucker was guilty as hell and deserved to die in a way that was much more prolonged and painful. Terry Clark kidnapped, raped and murdered a nine year old girl while free on appeal for having kidnapped and raped a six year girl. Guess he figured dead girls don't tell.

I live in NM and have been accused of being a hypocrite because I think that it is possible to discriminate between an innocent, unborn child and a convicted murderer. I do not believe that I am a hyprocrite.

Posted by: huerfano at March 19, 2009 09:41 AM (knHvu)

60 The dirty little secret the abolitionists won't tell you is that once the death penalty is abolished, 'life without parole' is next on their list. You will be told that LWP is a virtual death sentence and thus just as inhumane. You will be told that keeping elderly prisoners incarcerated long after they're a danger to society is a waste of money. We'll be back to the 70s when a 'life sentence' meant about 7-10 years.

Posted by: Simon Oliver Lockwood at March 19, 2009 09:57 AM (PaV2r)

Uh... WTF?

CENSORSHIP!

Seriously who ate my post?

Is it me, or do comments here occassionally disappear? And I don't mean troll comments either. A malfunctioning trollbot?

Thanks, Entropy, I am glad someone else noticed.

(assuming this does not disappear too)

Posted by: Curmudgeon at March 19, 2009 12:26 PM (ujg0T)

62 "I also think that once the death penalty is abolished, the libs will go the next step and argue that life imprisonment is too harsh, so lets do what they do in Europe and let them out after 20 years, max. "

"The dirty little secret the abolitionists won't tell you is that once the death penalty is abolished, 'life without parole' is next on their list."

Let's assume that's true. It is still not a logical argument for keeping the death penalty in place if the system for implementing it is broken. If the argument becomes about life imprisonment, we can make a morally sound argument why life imprisonment should be retained. We can't make that argument about the death penalty. Again, I'm not saying I disagree with the philosophical stance of executing known perpetrators of heinous violence. I disagree with the death penalty because we don't apply the death sentence only in cases of unquestionable guilt.

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