Memorandum in Opposition
of S. 2727 - Senator Volker

The National Association of Social Workers (NASW) - New York State Chapter strongly opposes the passage of S.2727.  This legislation addresses the Court of Appeals' decision regarding coercion by mandating a sentence of life without parole if the sentencing jury deadlocks.

NASW shares the concern of other citizens about the rise in violent crime.  Social workers are very aware of the loss to families of the victims of criminal homicide.  However, a death sentence can never compensate for such losses and is neither a sufficient nor acceptable solution to the problems caused by violent crime.

Studies have shown that the death penalty does not deter crime, is applied unfairly and is more costly than a system that imprisons for life.  Since 1995, New York taxpayers have spent more than $160 million to put six people on death row.  The New York Daily News estimated in 1999 the cost would rise to roughly $238 million before the first execution takes place.  A study of death penalty sentencing in Philadelphia between 1983 and 1993 found that black defendants were nearly three times more likely to receive a death sentence than were all other defendants.  Only two of the 20 people on federal death row in 2001 were white.

The NASW Social Work Speaks states that, "the practice of capital punishment, which involves a deliberate act of execution by the state, is therefore at variance with the fundamental values of the social work profession.  The death penalty is a violation of human rights that belong to every human being, even those convicted by serious crimes."

The NASW Code of Ethics holds social workers responsible for engaging in social and political action to, "prevent and eliminate domination of, exploitation of, and discrimination against any person, group, or class on the basis of race, ethnicity, national origin, color, sex, sexual orientation, age, marital status, political belief, religion, or mental or physical disability."

NASW-NYS will continue to oppose the death penalty and support an abolition of the death penalty in New York State.  Therefore, NASW strongly urges the New York State Legislature to oppose S.2727.