With a renewed struggle over the death penalty looming in the General Assembly, one public defender is arguing that capital punishment in Maryland is only for treason anyway. Brian Saccenti, representing a man convicted of a 1997 murder has offered the Court of Appeals the argument that Marylandโ€™s constitution provides for capital punishment only for โ€œcrimes that threaten the stability of the state government.โ€

Article 16 of the Maryland Declaration of Rights states that โ€œsanguinary Laws ought to be avoided as far as it is consistent with the safety of the State; and no Law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time, hereafter.โ€

Saccenti is taking that to mean that as long as keeping someone incarcerated is a viable option, the death penalty is off limits. What do you think?