WHEREAS, the year 2001 marks the 25^th anniversary of the United States Supreme Court ruling which allowed the death penalty to resume in the United States; and

WHEREAS, there have been at least 682 state-mandated executions in the United States since 1976, 11 of those in Delaware; and

WHEREAS, the United States has over 3,703 inmates now sitting on "death row", 17 of them in Delaware; and

WHEREAS, statistics indicate that racial bias continues to have an impact on which defendants are chosen to face capital charges, and which defendants ultimately receive a sentence of death; and

WHEREAS, income and resources of the defendant play a significant role in the death penalty process; and

WHEREAS, in order for Delaware to protect its moral and ethical integrity, it must ensure a justice system which is impartial, and not influenced by lack of resources to ensure satisfactory representation for defendants in capital cases; and

WHEREAS, twenty five years ago, the majority of people supported the death penalty because it was thought to be a deterrent to crime and today’s statistics suggest otherwise; and

WHEREAS, rather than serving as a deterrent to crime, some feel that premeditated killing by the state only results in violence begetting more violence; and

WHEREAS, a recent national opinion poll found that when given the choice between the death penalty and life in prison without chance of parole, plus restitution, more people supported life in prison; and

WHEREAS, several studies have shown that death penalty cases cost states several millions of dollars more than the cost of imprisoning someone for life and that these valuable resources could be spent instead toward programs that actually reduce the level of crime; and

WHEREAS, since 1973, 89 people have been released from death row in the United States with evidence of their innocence resulting in a demonstrated error rate of 1 innocent person for every 7 persons executed, while others have been executed who were later found to be innocent; and

WHEREAS, the execution of just one innocent person would be a grave and irreversible injustice which the People of the State of Delaware would find reprehensible and repugnant.

NOW, THEREFORE:

BE IT RESOLVED by the Delaware State Senate and the House of Representatives of the 141^st General Assembly, with approval of the Governor, that an independent, non-partisan Commission on the Death Penalty be established to study all aspects of the death penalty as currently administered in Delaware.

BE IT FURTHER RESOLVED that the Commission on the Death Penalty, which shall serve without compensation, be comprised of 11 members: 2 appointed by the Governor; 2 appointed by the President Pro Tempore of the Senate; 2 appointed by the Minority Leader of the Senate; 2 appointed by the Speaker of the House of Representatives; 2 appointed by the Minority Leader of the House of Representatives; and former Chancery Court Judge, the Honorable Grover C. Brown who shall serve as Chairman of the Commission.

BE IT FURTHER RESOLVED that the first meeting of the Commission shall be held no later than 30 days after enactment of this Resolution.

BE IT FURTHER RESOLVED that the Commission hold public hearings and call before it witnesses to testify on issues relevant to the administration of the death penalty in Delaware.

BE IT FURTHER RESOLVED that the Commission shall report its findings and recommendations regarding the death penalty, including remedies for any deficiencies found by the Commission, to the Governor, the members of the 141^st General Assembly, and the Delaware Supreme Court, by January 8, 2002.

BE IT FURTHER RESOLVED that a suitable copy of this Joint Resolution be presented to the Chief Justice of the Delaware Supreme Court and the Delaware Attorney General.