Proposal to abolish death penalty discussed 

Nebraska voters would decide whether to repeal the state’s death penalty under a proposal considered by the Judiciary Committee Jan. 31.

LR15CA, introduced by Omaha Sen. Terrell McKinney, would place a death penalty prohibition in the Nebraska Constitution if approved by voters at the 2026 general election. If the proposed amendment were approved by voters, existing death sentences would be commuted to life imprisonment.

Research has shown little difference between crime rates in states that have abolished the death penalty and states where it is still permitted, McKinney said. Life imprisonment without parole is a more constructive alternative, he said, because it forces individuals to confront their actions and provides an opportunity for accountability and rehabilitation. 

“This philosophy of excessive punishment is outdated and ineffective,” McKinney said. “It’s time to focus on approaches that truly promote justice and safety.”

Testifying in support of the measure on behalf of Amnesty International was Christy Hargesheimer.

A 2016 study by Creighton University Professor Ernie Goss found that the death penalty costs Nebraska $14.6 million annually, Hargseheimer said. There are more productive ways to utilize those state funds, she said. 

“The money now used on a failed policy might be used instead to enhance educational opportunities,” Hargesheimer said. “In fact, shifting the funding from the death penalty to education may actually prove to be a preventative measure that will help to reduce crime in general.”

Speaking on behalf of ACLU Nebraska, Jason Witmer also supported LR15CA. 

Witmer said the death penalty has a disproportionate impact on poor individuals who often cannot afford adequate legal representation. Additionally, he said, the death penalty disproportionately impacts America’s Black population, who make up 41% of the individuals on death row and 34% of those who have been executed.

“Fair application of the death penalty does not exist in this country,” Witmer said. “Neither placing someone on death row nor executing them has true deterrence to crime.”

Tom Venzor, executive director of the Nebraska Catholic Conference, spoke in support of the proposal. A person’s dignity remains intact even after they commit a serious crime, he said. 

“More effective systems in detention have been developed, which ensure the due protection of citizens, but at the same time do not definitively deprive the guilty of possible redemption,” Venzor said. 

No one testified in opposition to LR15CA and the committee took no immediate action on it.