Death Penalty For Capital Crimes – Murder, Rape, Torture

Bottom Line Up Front: It's a grave power that must be used with solemnity and caution. But justice demands that some crimes meet the ultimate penalty. We stand with victims and law-abiding citizens: the scales of justice in Colorado will once again be balanced so that for the cruelest crimes, the punishment can fit the crime. That will contribute to law and order and express our society’s moral boundaries clearly: commit the worst offenses, and you shall face the highest consequence.

a. Justice and Deterrence: We support the Death Penalty as an option for the most heinous capital crimes – particularly aggravated murder, and we include exceptionally grave crimes like rape or torture that result in death or demonstrate utter depravity. We view capital punishment in such cases as a matter of justice: certain crimes are so evil that no lesser punishment adequately expresses society’s moral outrage or secures justice for victims. Biblically, Genesis 9:6 says, “Whoever sheds man’s blood, by man his blood shall be shed,” indicating a death penalty for murder, based on the sanctity of life (the only fitting reparation for willfully taking innocent life is for the perpetrator to forfeit his own life). The Mosaic Law also prescribed death for particular severe offenses like murder and rape, underscoring a principle of proportional punishment. We also believe a carefully applied death penalty can deter some would-be murderers and definitively prevents convicted killers from harming others again (no risk of prison escape or future release).

b. Colorado’s Recent Abolition: In 2020, Colorado’s legislature repealed the death penalty and the Governor commuted the sentences of the three men on death row. We consider that a mistake. It ignored the will of many victims’ families who saw those death sentences as justice (for horrific murders). It also removed a bargaining tool for prosecutors to get pleas in terrible crimes. We intend to work to restore capital punishment for the worst crimes in Colorado. Recognizing this would require new legislation (or citizen initiative) and likely robust debate, we are prepared to make that case to the public: that Colorado should not be a refuge for the worst murderers to just sit in prison at taxpayer expense with possibility (however remote) of future release or mischief.

c. Policy Steps for Restoration:

1. Introduce Capital Punishment Bill: We will push for a law reestablishing the death penalty for specific crimes. Focus would be first-degree murder with aggravating factors (such as multiple victims, murder of a child, murder of a police officer, murder involving torture or sexual assault, terrorist acts, etc.). It would include violent sex offenders (though constitutional law after Kennedy v. Louisiana (2008) forbids death for rape of a child where child didn’t die, so likely we’d keep it tied to homicide). We’d ensure the bill includes modern safeguards: requiring solid evidence like DNA or video (to minimize risk of wrongful execution), automatic appeals, perhaps a higher threshold of proof (e.g., “beyond any doubt” vs “reasonable doubt” standard for juries when deciding death). These safeguards can help assuage concerns of executing innocents (which we want to avoid at all costs).

2. Public Engagement and Victim Advocacy: We will elevate voices of victims’ families who support the death penalty (there are many in notorious cases). Hearing their perspective – that justice was denied by the repeal – can influence public opinion. Polls historically showed Coloradans split but often supportive of death penalty in extreme cases. We’ll make the case that it’s reserved for “the worst of the worst.” For example, the Chuck E. Cheese mass murderer (Nathan Dunlap) was on death row; the repeal spared him, which many feel is unjust to the victims. By highlighting such cases, we press the emotional and moral rationale.

3. Address Racial and Fairness Concerns: Opponents argue death penalty has been applied unevenly or risks wrongful convictions. We take that seriously. Our plan would include measures to ensure fairness: provide quality defense counsel funding in capital cases (so defendants have capable representation), allow introduction of any new exonerating evidence at any stage (no procedural bar to proving innocence), and perhaps a requirement that the jury be unanimous not only on guilt but on imposing death (which is standard). Also, possibly instruct a separate review board or the state Supreme Court to review each death sentence for any indications of bias or arbitrariness. These checks can mitigate the legitimate fairness concerns. By designing the system carefully, we uphold justice without turning a blind eye to its challenges. We want a death penalty that is rare, righteous, and rock-solid in evidence.

4. Executions Protocol: If reinstated, the Dept of Corrections would need to reestablish execution protocols (lethal injection or other means). We’d pre-emptively solve issues that plague other states (like drug availability) by exploring alternatives if needed (some states consider nitrogen gas, etc., if lethal injection drugs are unobtainable due to companies’ refusals). The key is to have a legal, humane method ready so that sentences can actually be carried out (the worst outcome is to have death penalty but never use it; that undermines rule of law and closure for victims). We’d also sign warrants in a timely fashion after appeals. The death penalty must be more than a symbolic threat; used appropriately, it should be actually enforceable.

5. Preventative Effect: We will publicize that Colorado once again has this punishment. While criminals don’t always consider consequences, some might. More so, it sends a message that we value innocent life strongly (so strongly that if you deliberately destroy it, you risk forfeiting your own). That can contribute to a culture of accountability. Additionally, prosecutors can use it as leverage to get life without parole pleas quickly, saving trial costs. (Anecdote: once death was repealed, some killers in CO started going to trial hoping for a chance at parole with second-degree murder plea; previously they’d plea to LWOP to avoid death – we want to restore that plea incentive to spare victims’ families drawn-out trials).

6. Narrow Use: We will emphasize that we expect death penalty to be sought rarely – only in the clearest, most egregious cases, maybe a few per year if that. Colorado historically executed only one person in the last 50+ years (Gary Lee Davis in 1997). This isn’t about executing many people; it’s about having it available when truly deserved. That understanding might sway moderates who are uneasy but could accept it for, say, a mass shooter who killed dozens.

d. Punishment for Rape and Torture: Since our position specifically mentions rape and torture, we clarify: if those crimes result in death of the victim, they fall under aggravated murder. If they don’t result in death, Supreme Court has disallowed death penalty for adult rapists of children (Kennedy v. Louisiana) and likely would for torture not causing death. We might still advocate at federal level to reconsider those precedents in extreme cases (like serial child rapists who leave victims alive but shattered might morally deserve death, but legally currently cannot be executed). Barring a shift in jurisprudence, we will comply but ensure that if a rape or torture does end in murder, that’s considered especially aggravating warranting death.

e. Moratorium and Retrials: Those currently convicted of capital-eligible crimes under new law (like Dunlap or Owens who had sentences commuted to life) could, in theory, have sentences revisited if law allowed. But given ex post facto issues, likely it can’t apply retroactively. We won’t try to re-sentence those already off death row due to repeal/commutation (would raise legal challenges). Instead, we focus forward.