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Maryland Capital Punishment Laws

Capital punishment has persistently been a controversial topic all over the country for decades. As public opinion evolves, many states are reconsidering their stance on capital punishment, commonly known as the death penalty.

For instance, Maryland has significantly changed its approach to capital punishment in the past few years. This article offers a comprehensive overview of the state's capital punishment laws, examining its history and recent developments.

Does Maryland Allow the Death Penalty?

No. As of 2013, Maryland state laws no longer allow capital punishment. It became the 18th U.S. state to abolish the death penalty. This happened after Gov. Martin O'Malley signed a bill outlawing the death penalty. The repeal of the death sentence marks a significant shift in the criminal justice system in Maryland. Today, the most severe form of penalty in the state is a life sentence without the possibility of parole.

According to the governor's office, the reason for outlawing the death penalty comes from various reasons:

  • The death penalty does not deter crime
  • The death penalty can't be sentenced without racial bias
  • The method of execution costs three times as much as life without parole
  • It carries an irreversible risk of executing an innocent person

History of Death Penalty in Maryland

The history of capital punishment in Maryland dates back to 1773. During this time, the state executed four servants through hanging for slitting the throat of their master. Then, in the early 1800s, Maryland established the concept of providing degrees of murder. This allowed the death penalty only for first-degree murders. Back then, the method of execution was hanging. In the 1950s, gas chambers briefly replaced hanging, but the state only executed four death row inmates through this method. Then, in 1994, lethal injection was the primary method of execution for those found guilty of a capital offense.

The state implemented one of the most stringent rules for capital cases. The regulation limited the application of the death penalty only to certain circumstances. Under this rule, the prosecution can only pursue a sentence of death in cases of murder where there's substantial evidence available. This includes biological proof or DNA evidence linking the accused to the murder. A video showing the defendant's admission of guilt or a video connecting the person to the homicide is also evidence needed for the death sentence.

In 2013, the state's legislative body passed a bill to abolish the death sentence. O'Malley signed this legislation into law, officially abolishing capital punishment in Maryland.

Maryland Commission on Capital Punishment

In 2008, the Maryland General Assembly created the Maryland Commission on Capital Punishment. The Commission reviewed the state's death penalty practices. It addressed various disparities in the implementation of the death sentence, including racial and jurisdictional disparities in the capital sentencing system. The Commission's recommendation played an important role in later laws in the state, eventually leading to the death penalty's abolition in 2013.

Capital Punishment in America

As of 2024, 23 states, the District of Columbia, and Washington, D.C., have completely abolished capital punishment. This includes states that have repealed their death penalty laws in recent years.

  1. Alaska
  2. Colorado
  3. Connecticut
  4. Delaware
  5. Hawaii
  6. Illinois
  7. Iowa
  8. Maine
  9. Maryland
  10. Massachusetts
  11. Michigan
  12. Minnesota
  13. New Hampshire
  14. New Jersey
  15. New Mexico
  16. New York
  17. North Dakota
  18. Rhode Island
  19. Vermont
  20. Virginia
  21. Washington
  22. West Virginia
  23. Wisconsin

California, Oregon, Kentucky, and Pennsylvania are four other states that have moratoriums on the death penalty. This moratorium effectively halts the execution of death row inmates.

Over the years, the number of executions in the country significantly declined. In 2023, 24 death row inmates were executed nationwide, with the majority of these taking place in Florida, Missouri, and Texas. This number represents a substantially lower number than the post-1976 peak of 98 executions in 1999.

This change reflects the growing reconsideration of the death sentence in the state nationwide.

Charged with a Capital Crime in Maryland? Get Legal Help

The intricacies of capital punishment laws can be challenging and overwhelming. Although the death sentence is no longer available in Maryland, a criminal conviction can still bring life-altering consequences. If you or your loved ones are facing criminal charges in Maryland, seek legal advice from a criminal defense lawyer. They can guide you to protect your rights and help you develop a solid defense for your case.

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