Mr. Chairman, the effect of this amendment would be to strike the provision in the bill which provides for a death penalty for drug kingpins. I am an opponent of the death penalty, but that is not what this argument is about. I would say that if I were to support a death penalty, it would certainly be a death penalty for drug kingpins. One might wonder then why am I here offering this amendment. I would say to this body that there are three reasons. No. 1, this language in the bill, which provides for a death penalty when death does not result from the underlying crime, is unconstitutional. The Supreme Court has indicated that a death must result in order for a death penalty to be applicable. And the drug kingpin statute, of course, results in no death. No. 2, although I would probably favor a death penalty for drug kingpins, the history of application of the existing drug kingpin statute has indicated that it will be applied in a racially discriminatory way. There have been 37 prosecutions since 1988, when the drug kingpin statute was passed. Thirty-three of those prosecutions have been against black or Hispanic individuals.
Editor's note · Context
Debating an amendment to strike the death penalty provision for drug kingpins in a bill.
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