SENATE CONCURRENT RESOLUTION NO. 46

(By Senators Kimble, Buckalew, Bowman,

Plymale, Boley and Manchin)



Requesting the joint committee on government and finance to study the cost issue of capital punishment in and for the state of West Virginia.

Whereas, The problems of violent crime and repeat offenders are the subject of public discussion by the citizens of West Virginia and the West Virginia Legislature; and
Whereas, A number of states have capital punishment which is cited as a deterrent to their crime problems; and
Whereas, Comparatively little information has been scientifically documented about the costs which capital punishment imposes on state judicial systems; and
Whereas, Comparatively little information has been scientifically researched and documented about whether capital punishment is beneficial in terms of what it costs and whether the costs associated with capital punishment versus incarceration are relevant or compelling on the question of whether capital punishment should be enacted; and
Whereas, Comparatively little information has been scientifically documented about whether capital punishment is a deterrent to the commission of crimes; and
Whereas, There exists an ongoing discussion as to whether legislation authorizing capital punishment can be enacted in this state without first amending the constitution to provide for an automatic appeal; and
Whereas, The issue of capital punishment is currently a major issue of debate in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to review, examine and study the costs associated with enacting the death penalty in at least the following nine areas: (1) Investigations; (2) indictments; (3) pretrial; (4) trial; (5) costs associated with incarcerating death-row inmates; (6) appeal; (7) postconviction; (8) clemency; and (9) execution in an objective empirical procedure in a systemwide and balanced view, with the assembled comparative cost information being carefully designed to ensure that the data are as complete and accurate as possible, that the sample of cases is selected so as to minimize the risk that the results may be skewed in one direction or another, that the results will be useful and understandable to both practitioners and researchers and that cross-case data is statistically comparable; and, be it
Further Resolved, That the joint committee on government and finance review, examine and study the fiscal and social consequences of the recent expansion of capital punishment under federal law and that the joint committee on government and finance review, examine and study the issue of the necessity of amending the constitution of this state as a prerequisite to enacting legislation authorizing capital punishment; and, be it
Further Resolved, That the joint committee on government and finance report to the regular session of the Legislature, 1996, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriation to the joint committee on government and finance.