| |
 |
| Death
Penalty: |
YES |
| Prohibit
Execution of the Mentally Retarded: |
NO. However, this state must draft legislation with clear and unambiguous language prohibiting executions of persons with an IQ of less than 70 in order to reflect the recent United States Supreme Court decision Atkins v. Virginia, which held that such executions are unconstitutional. |
| Life
Without Parole: |
YES |
| Minimum
Age to Eligible for the Death Penalty: |
16 |
| Number
on Death Row: |
6 |
| Executions
Since 1976: |
2 |
| Race
of Defendants: |
6 white (100%) |
| Race
of Victims: |
Unknown |
| Racial
Make-up of State Population: |
90% white, 6% Native American, 2% Hispanic, .5% Asian, .3% black |
| Innocents
Exonerated: |
NO |
| Columbia
University Study Rate of Error in Capital Cases: |
87% |
| Murder
Rate: |
2.6 per 100,000 (ranked 41st out of 51) |
| Governor: |
Judy Martz, (Republican),
|
| Presidential
Vote: |
58% Bush, 33% Gore, 6% Nader |
| Public
Opinion on the Death Penalty: |
Lee Papers in Helena found majority support for a moratorium (awaiting copy of results). |
| Organizations
Working FOR a Moratorium: |
Montana Abolition Coalition (Scott Chrichton – president, Sharon Hoff-Brodowy – Catholic Conference lobbyist,
Al Smith – Treasurer – MT Trial Lawyers Association and Betty – MT Association of Churches). Amnesty Int’l, MT Human Rights Network, Quakers, MT Criminal Defense Bar. Rep. Christie Kauffman (D) introduced the legislation. AG John Connor – lead prosecutor has publicly said that he does not think the death penalty is a deterrent.
ACLU of Montana
Scott Crichton (President of MCADP)
PO Box 3012
Billings, MT. 59103
406-248-1086 or 248-7763
[email protected]
www.aclumontana.org |
| Clemency: |
The Governor has the power to grant clemency with the advice of the Board of Pardons. The Governor must have a favourable recommendation to grant clemency. However, the Governor is not bound by that recommendation. |
| Who
Decides Sentence: |
Judge. However, this state must comply with the recent United States Supreme Court decision, Ring v. Arizona, which states that it is unconstitutional to allow judges to increase jury sentences from life imprisonment to death. |
| Method
of Execution: |
Lethal injection |
