Two bills addressing a victim’s opposition to the death penalty have been rejected by lawmakers.
In criminal cases where the prosecution is pursuing the death penalty jurors are not allowed to hear testimony on the family’s wishes or the victim’s views on the death penalty. House Bill 1158 would change this. If a victim opposed the death penalty during his or her life, House Bill 1158 would allow the jury to receive this evidence during a pre-sentence hearing. Denny Davis is with South Dakotans for Alternatives to the Death Penalty. He says this measure gives victims a voice.
"Why would we not want to give the victim’s family or the victim a voice in the trial that’s going to take another person’s life," says Davis.
Opponents say the measure allows evidence that is normally deemed hearsay and inadmissible in court.
The House State Affairs Committee also heard testimony on a companion bill. House Bill 1159 would add a check box to the state’s driver’s license application allowing a person to indicate if they are for or against the death penalty. The box would be similar to the organ donor check box, however, the information would remain confidential until it was needed at trial.
Members of the House State Affairs Committee rejected both measures.