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1 Congressional Record: Proceedings and Debates of the 91st Congress, First Session: Washington, Thursday, May 29, 1969 1 (1969)

handle is hein.death/crabdp0001 and id is 1 raw text is: United States o of America PROCEEDINGS AND DEBATES OF THE 9 ISt CONGRESS, FIRST SESSION Vol. 115 WASHINGTON, THURSDAY, MAY 29, 1969 No. 89 S. 2301-INTRODUCTION OF A BILL TO ABOLISH THE DEATH PENALTY Mr. HART. Mr. President, I introduce, for appropriate reference, a bill to elim- inate the death penalty for any Federal crime. Joining me as cosponsors are Mr. BURDICK, Mr. HATFIELD, Mr. INOUYE, Mr. JAviTs, Mr. MCCARTHY, Mr. MONDALE, Mr. NELSON, Mr. PROXMIRE, Mr. WILLIAMS of New Jersey, and Mr. YOUNG of Ohio. Sentences of life imprisonment would be substituted for provisions which re- quire or authorize capital punishment. Death sentences not executed when the bill becomes law would be changed to sentences of life imprisonment. Mr. President, this is the third Con- gress in which I have introduced a bill to abolish the death penalty. Since I first offered the proposal in 1966, the Nation has become increas- ingly concerned, and rightly so, about the rising crime rate. I share that con- cern. There will, of course, be those who will say that, if I were concerned, I would not seek to eliminate what they consider to be a useful weapon in the war on crime. Mr. President, I would ask those per- sons to examine closely'the reasons why they feel the death penalty is of value and remind them that we also live at a time of growing concern about the effect on our society of a steady diet of violence on television. An examination of those reasons and the effect executions have on the human spirit should convince them the death penalty should be abolished. Let me start with the human spirit. Based on my work as a member of the President's Commission on the Causes and Prevention of Violence, I have be- come convinced that continual exposure to television shows involving violence does have a connection with antisocial behavior. If it is true that fiction can brutalize the human spirit, then certainly the fact of one human executing the other can have the same-if not greater-effect. But we have long held that view in this Nation. We have shuddered when reading about public executions during the French Revolution and their effects on the masses who watched. We have recognized that public kill- ings, whether sanctioned by law or not, whether in the name of aggression or de- fense of country, can brutalize the hu- man spirit and we have carriea out our executions in private. Evidently we have not abolished cap- ital punishment completely because it has been felt that on balance the penal and the nonpenal objectives of the death penalty have outweighed the effects this policy has on society. to act as a deterrent, and few men have a sense of imminency about death. S 5818 As for precluding recidivism, it would well be argued that once having com- mitted a murder, a person, out of fear of capital punishment, might actually commit additional murders to prevent Mr. President, if it were clear be ond capture. These types of crime must be doubt that capital punishment did classified under the heading of recidivism achieve penal and nonpenal objectives, as well as crimes committed by persons the debate over abolishing the death pen- after serving jail sentences. alty would indeed be one of weighing It can also be argued that, inasmuch as pluses and minuses, studies indicate that paroled murderers But the fact is that proponents of re- are no more and probably less likely to taining the death penalty can only sur- commit first degree murder than other mise that capital punishment is useful in paroled felons, capital punishment pris- controlling antisocial behavior, and, in oners, and other felons should be ha ndld fact, the strongest case against capital in the same way. punishment, moral questions aside, is the And, of course, if the death penalty lack of a case for retaining this penalty, does indeed preclude recidivism, it also Mr. President, the most cited reasons precludes the exercise of a prisoner's for supporting capital punishment are right to continue to try to prove his that the death penalty: innocence after conviction. Deters persons from committing crime I have already touched on the question punishable by death; of the death penalty as public ietribu- Precludes recidivism by convicted mur- tion. derers; If indeed public retribution were to be Offers the public retribution for hei- sought in executions, a premise I reject, nous crimes, out of hand, the death penalty should n(, I would like to deal briefly with each only be carried out in public, but a., of these points, swiftly as possible so the crime is still The debate over the deterrent objec- fresh in the public's mind. tive of the death penalty often resolves Inasmuch as proponents of the death itself into a discussion of statistics and penalty cite the time-taking legal pro- their meaning. Statistics comparing mur- cedures open to a person convicted of der rates in States with and without the murder as protection against the execu- death penalty support the contention tion of an innocent man, proporcnts that capital punishment does not deter cannot argue retribution as a reason for the would-be murderer, retaining the death penalty. Proponents argue that it is impossible Mr. President, each of these arguments to estimate how many persons have been in favor of capital punishment are based deterred from committing murder be- on conjecture impossible of substantia- cause of the death penalty, which, obvi- tion. ously, is true. To use such conjectures to take a However, just because it is true does man's life, to force other human, to not make it a good argument for retain- make a final decision about the life of ing the death penalty, because it can be another, to perhaps deprive an iiinoc',t argued that it deters very few persons man of his life, to continue to brutalize indeed, the human spirit is to undermine, indeed For example, of persons sentenced to to cheapen, the value of human life in death during the last 10 years in Call- these United States. fornia, more than 40 percent were found If this Nation stands for an thinfe it guilty of crimes of passion. Fear of tl e. staicds for the belief that the lile of c'ocli guily o crmesof assin. earof ffe individual is to be cherished, whether lie death penalty probably has little deter- isdiich or po beacher whe rent effect on persons involved in such is rich o s poor, black or white. crimes. Statistics show that it is the black and the poor who most often are senteiicctd to Murders done while committing other death, adding a new dimension to the crimes usually are the result of reflex de- case against the death penalty. cisions in which time does not permit Many other nations and 3 of our thought of the death penalty. As a mat- States have abolished the death penalty. ter of fact, it could be argued that the Congress should follow suit. burglar shoots someone out c^ feat of be- The PRESIDING OFFICER. The bill ing imprisoned, end that fear outweighs will be received and appropriatcly the fear, at least for the rr if 'A the referred. deatl1 penalty. , eerd The bill (S. 2301) to abolish the death It can also be argued generally that penalty under all laws of the Unittc,l fear of imprisonment is more real to the States, and for other purposes, ito- would-be criminal than fear of the death duced by Mr. HART (for himself and at her penalty, beeause the former penalty is Senators), was received, read tv,io by the more understandable. The imminence its title, and referred to the Con miB L-,e of a penalty must be understood if it is on the Judiciary.

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