Capital punishment in New York
In June 2004, the state's highest court ruled in "People v. LaValle" that the state's death penalty statute violated the state constitution, and New York has had an effective moratorium on capital punishment since then. Subsequent legislative attempts at fixing or replacing the statute have failed, and in 2008 then-Governor David Paterson issued an executive order disestablishing New York's death row. Legislative efforts to amend the statute have failed, and death sentences are no longer sought at the state level, though certain crimes that fall under the jurisdiction of the federal government are subject to the federal death penalty.
Governorship of Mitt Romney
In December 2004, Romney announced plans to file a death penalty bill in early 2005.
The bill, filed April 28, 2005, sought to reinstate the death penalty in cases that include terrorism, the assassination of law enforcement officials and multiple killings. Romney's legislation required the presence of scientific evidence such as DNA to sentence someone to death and a tougher standard of "no doubt" of guilt for juries to sentence defendants. This differs from the "beyond a reasonable doubt" standard used in traditional criminal cases. The legislation called for a pool of certified capital case lawyers to ensure proper representation for the accused and allowed jurors who do not personally support the death penalty to serve in the guilt phase of the trial. Romney said; "In the past, efforts to reinstate the death penalty in Massachusetts have failed. They have failed because of concerns that it would be too broadly applied or that evidentiary standards weren't high enough or proper safeguards weren't in place. We have answered all those concerns with this bill." The Massachusetts House of Representatives defeated the bill 99-53.