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.