Thursday, October 12, 2006

A Brief History of Death Penalty Abolition in Wisconsin

"At the first Wisconsin Constitutional Convention of 1846, several prominent delegates sought the adoption of an article prohibiting capital punishment. The issue of the death penalty was extensively debated. Those speaking in favor of a proposed constitutional provision prohibiting the death penalty argued:

1) The death penalty is a relic of a barbarous age;

2) Juries often refuse to convict otherwise guilty persons when the penalty is death;

3) Public executions "harden" those who witness them, thus making them more susceptible to committing crimes;

4) Since juries are frequently unwilling to convict, or even indict, when the penalty is death, certain elements of the population are more likely to resort to lynching to ensure punishment;

5) The punishment falls disproportionately on the poor;

6) The Bible does not require the death penalty (example given: Cain was exiled, not
executed, for the murder of Abel);

7) A majority of people in Wisconsin supported abolition.

Wisconsin law has been without the death penalty now for nearly 150 years. Wisconsin has steadfastly maintained this tradition longer than any other state in the nation. While claims of first and longers are often risky... Wisconsin may well have been without the death penalty longer than any presently existing nation."

Source: Blain Renfert and Alexander (Sandie) Pendleton, writing for the Wisconsin Lawyer, August 1993 (updated January 2003)

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