by James E. Scott, Jr.

It appears that even politicians can be swayed by good ol’ common sense at times.

This was the case Monday [April 16] when the Georgia Senate Judiciary committee (SJC) unanimously voted to stop a bill that would have made it possible for a jury or judge to impose the death penalty in capital cases without a unanimous jury vote for such a sentence.

This ill-conceived bill was the brainchild of Representative Barry Fleming (unsurprisingly a Georgia republican) who aimed to do away with the jury unanimity requirement that must be met before a sentence of death can be imposed. Had this bill been ratified into law the sentencing judge in capital cases could have (based on whim or bias) impose the death penalty even if two jurors voted against it. Never mind the unconstitutionality of the enormous, unchecked power it would have granted the judges (or juries).

Fleming remains adamant about seeing his bill passed into law. His rationale for sponsoring such an idiot bill is mired deeply in irrationalism. He claims there exists some urgent need for this bill. If made law, he claims, the bill will preclude jurors who vote against a sentence of death from (I quote) "sabotaging" a sentence the rest of the jury supports.

"Sabotaging"?

An unbiased "fact-finder" who finds the evidence presented and/or the circumstances of the crime lacking and unsupportive of a sentence of death is a saboteur if s/he votes against said sentence? A conscientious act in this regard is sabotage?

Incredible!

I suspect Fleming’s perfect world would be devoid of a Sixth Amendment right for defendants in capital cases (and perhaps the rest of the Constitution as well.) Maybe he envisions a more simplified process such as: a quick bench trial, a guilty verdict, and finally, an old fashioned southern lynching. Thankfully, common sense prevailed on Monday.

Fleming’s GOP confederates in the state senate unanimously deemed his proposed bill too outlandish to pass into law and rightly defeated it.

In explanation of the SJC’s decision to implement such a profound modification of state law, Senator Preston Smith, chairman of the SJC stated "The decision we make would have a major impact on policy on a very important subject. It’s very serious and it merits careful and thoughtful consideration."

Indeed.

Unfortunately many legislators disagree.

The House, where Fleming is considered to be one of the chamber’s top republicans, had already voted to pass the bill. Another unfortunate is the bill isn’t completely dead yet. The 40-day legislative session is scheduled to end sometime today [Friday, April 20, 2007]. *Which means Fleming still had the opportunity to regroup from his defeat Monday, and make another attempt to have his bill ushered through the Senate before the session adjourned. If the bill isn’t passed this second time around and it won’t be) Fleming has forewarned tat it will be an issue he’ll push when the legislature reconvenes. Perhaps he’ll push it more fervidly next time. Let’s just hope common sense triumphs once more.

*At the time of this writing the GA legislature was still in session. Whether or not Barry Fleming decided to re-submit his proposal to the state Senate during this current session has not been published as of yet.