HB 1996 Public Hearing

On Monday July 19, 2010, the Pennsylvania House of Representatives Judiciary Committee held a public hearing concerning House Bill 1996 (also known as the Racial Justice Act), which amends Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, eliminating the possibility of the use of the capital punishment if "race was a significant factor in a decision to seek or impose the sentence of death". This bill seeks not only to lessen the number of individuals that receive the death penalty, but also to mend the appalling racial disparity on death row.

Among the presenters for the hearing were Rev. Dr. Roger Thomas, co-chair of the Pennsylvania Committee for the Analysis and Reform of Our Criminal System, who offered both a factual and spiritual analysis of the Act; Robert Brett Dunham, Assistant Federal Defender for the Middle District of Pennsylvania, who presented shocking statistics about the racial disparities of death row, both on a state and national level; and Jeremy J. Collins, Director of the North Carolina Coalition for a Moratorium, who offered a spirited testimonial regarding the effectiveness of North Carolina's own Racial Justice Act, which went into effect August 11th of last year.

Read an analysis of the Act from The Independent: here.

What follows is PADP Director, Dave Kenyon's testimony to the House Judiciary Committee regarding Pennsylvania's Racial Justice Act:

July 14, 2010

The Honorable Thomas R. Caltagirone

Chairman, House Judiciary Committee

106 Irvis Office Building

PO Box 202127

Harrisburg, PA 17120-2127

The Honorable Ron Marsico

Chairman, House Judiciary Committee

218 Ryan Office Building

PO Box 202105

Harrisburg, PA 17120-2105

Dear Chairman Caltagirone and Chairman Marsico,

Thank you for the opportunity to submit written testimony for the July 19 House Judiciary Committee hearing on House Bill 1996. This legislation would provide a course of action for defendants facing death sentences in the commonwealth when the imposition or charge of capital punishment was sought in the case on the basis of race. Pennsylvanians for Alternatives to the Death Penalty supports HB 1996, and on behalf of the 12,000 members of PADP, I urge you and the members of the committee to support this legislation.

According to the Pennsylvania Department of Corrections, of the 220 inmates on death row, 59%, are black. This ratio is extremely high when considering the population of African Americans in Pennsylvania is slightly less than 11%. Of the 130 black inmates on death row, 71% are from Philadelphia County. While blacks make up 44.8% of the population of Philadelphia County, a staggering 88.5% of the death row inmates from Philadelphia are black. Clearly, there is a disproportionate number of minority convictions for capital cases in Pennsylvania.

The American Bar Association warned of exactly this kind of racial (and geographical) skewing in it Pennsylvania Death Penalty Report. The recommendations resulting from the ABA report suggest the Commonwealth should eliminate racial and geographical bias from its death penalty system. House Bill 1996 would begin to address the need to alleviate a grave injustice that plagues Pennsylvania's judicial system. It will not be a panacea.

The Pennsylvania Supreme Court recommended the Commonwealth adopt a Racial Justice Act in its 2003 report Racial and Ethnic Disparities in the Imposition of the Death Penalty. Citing the need for legislative action as implied in McCleskey v. Kemp, the report suggests codifying the ability of defendants to use statistical information to argue racial discrimination. By enacting HB 1996 Pennsylvania would join Kentucky and North Carolina in the attempt to enshrine the equal protection rights of the accused.

Both the ABA and the Pennsylvania Supreme Court advocate for a comprehensive data gathering system to track capital cases in the Commonwealth. The need for data to monitor the judicial system is great, particularly to gauge the effect if HB 1996 is passed.

The citizens of Pennsylvania deserve to reside in a society free from racial discrimination. Flagrant use of racial bias in seeking or imposing the death sentence in Pennsylvania erodes the judicial integrity of Pennsylvania and denigrates the concept of equality in the United States. House Bill 1996 can help to reverse the inherent injustice of racial and ethnic bias that is rampant in the system. It is for the aforementioned reasons PADP urges you to support this legislation.

Pennsylvanians for Alternatives to the Death Penalty thanks the House Judiciary Committee for the opportunity to express our position on this matter. Please feel free to contact us with any comments or if any additional information is needed.

Sincerely,

Dave Kenyon

Director, PADP

114 Walnut St.

Suite 3

Harrisburg, PA 17101

(717) 236-4840 phone

(717) 236-4850 fax

dkenyon@padp.org