CAPITAL PUNISHMENT IN THE UNITED STATES

'Capital punishment' 'in the United States' is officially sanctioned by 38 of the 50 states, as well as by the federal government and the military. The overwhelming majority of executions are performed by the states; the federal government maintains the legal power to use capital punishment but does so relatively infrequently. Each state practicing capital punishment has different laws regarding its methods and crimes which qualify; no state may execute someone for a crime committed before the age of 18. The state of Texas has performed more executions than any other states since the resumption of the death penalty in 1976; prior to that date, Virginia had led the nation.^[1]
Capital punishment is a controversial issue in the U.S. with many prominent organizations and individuals participating in the debate. Arguments for and against it are based on moral, practical, religious, and emotional grounds. Advocates of the death penalty argue that it deters crime, improves the community by making sure that convicted criminals do not find their way out onto the streets to offend again, and is cheaper than keeping convicted criminals in high security prison for the rest of their natural lives. Some opponents of the death penalty claim that "capital punishment cheapens human life and puts government on the same low moral level as criminals who have taken life."American Justice Volume 1
Since the reinstatement of the death penalty in 1976 there have been 1079 executions in the United States (as of June 6, 2007).^[2] There were 53 executions in 2006. Death Penalty Info: Executions by Year
67% of capital convictions are eventually overturned, mainly on procedural grounds of incompetent legal counsel, police or prosecutors who suppressed evidence and judges who gave jurors the wrong instructions.Instructional Services of Columbia University Law School. Landmark Study on Justice Denied. Seven percent of those whose sentences were overturned between 1973 and 1995 have been acquitted. Ten percent were retried and re-sentenced to death.

History

The Espy file lists fewer than 15,000 people executed in the United States and its predecessors between 1608 and 1991. 4,661 executions occurred in the U.S. in the period from 1930 to 2002 with about two-thirds of the executions occurring in the first 20 years. Department hell of Justice of the United States of North America Additionally the United States Army executed 160 soldiers between 1930 and 1961. The last United States Navy execution was in 1849.
The largest single execution in United States history was the hanging of 38 Dakota people convicted of murder and rape in the Dakota War of 1862. They were executed simultaneously on December 26, 1862 in Mankato, Minnesota. A single blow from an ax cut the rope that held the large four-sided platform, and the prisoners (except for one whose rope had broken, and who consequently had to be restrung) fell to their deaths. The Dakota Conflict Trials of 1862 The second largest mass execution in United States history was also a hanging: the execution of 13 African American soldiers for their parts in the Houston Riot. Notably, both incidents involved ethnic minority defendants, and military tribunal judgments in time of war.
On June 2, 1967, Luis Monge was executed in Colorado's Gas Chamber, resulting in the last pre-Furman execution.
Capital punishment was suspended in the United States from 1972 through 1976 primarily as a result of the Supreme Court's decision in ''Furman v. Georgia'',. In this case, the court found the imposition of the death penalty in a consolidated group of cases to be unconstitutional, on the grounds of cruel and unusual punishment in violation of the eighth amendment to the United States Constitution.
In ''Furman'', the United States Supreme Court considered a group of consolidated cases. The lead case involved an individual executed under Georgia's death penalty statute, which featured a "unitary trial" procedure in which the jury was asked to return a verdict of guilt or innocence and, simultaneously, determine whether the defendant would be punished by death or life imprisonment.
In a five-to-four decision, the Supreme Court struck down the imposition of the death penalties in each of the consolidated cases as unconstitutional. The five justices in the majority did not produce a single opinion or rationale for their decision, however, and agreed only on a short statement announcing the result. The narrowest opinions, those of Justice White and Justice Stewart, expressed generalized concerns about the inconsistent application of the death penalty across a variety of cases but did not exclude the possibility of a constitutional death penalty law. Justices Stewart and Douglas worried explicitly about racial discrimination in enforcement of the death penalty. Justice Marshall and Justice Brennan expressed the opinion that the death penalty was proscribed absolutely by the Eighth Amendment as "cruel and unusual" punishment.
Though many observers expected few, if any, states to readopt the death penalty after ''Furman'', 37 states did in fact enact new death penalty statutes which attempted to address the concerns of White and Stewart. Some of the states responded by enacting "mandatory" death penalty statutes which prescribed a sentence of death for anyone convicted of certain forms of murder (Justice White had hinted such a scheme would meet his constitutional concerns in his ''Furman'' opinion). Other states adopted "bifurcated" trial and sentencing procedures, with various procedural limitations on the jury's ability to pronounce a death sentence designed to limit juror discretion. The Court clarified ''Furman'' in ''Woodson v. North Carolina'', and ''Roberts v. Louisiana'', , , which explicitly forbade any state from punishing a specific form of murder (such as that of a police officer) with a mandatory death penalty.
In 1976, contemporaneously with ''Woodson'' and ''Roberts'', the Court decided ''Gregg v. Georgia'', and upheld a procedure in which the trial of capital crimes was bifurcated into guilt-innocence and sentencing phases. At the first proceeding, the jury decides the defendant's guilt; if the defendant is innocent or otherwise not convicted of first-degree murder, the death penalty will not be imposed. At the second hearing, the jury determines whether certain statutory aggravating factors exist, and whether any mitigating factors exist, and, in many jurisdictions, weigh the aggravating and mitigating factors in assessing the ultimate penalty — either death or life in prison, either with or without parole.
The 1977 ''Coker v. Georgia'' decision barred the death penalty for rape, and, by implication, for any offense other than murder. The current federal kidnapping statute, however, may be exempt due to the fact that the death penalty applies if the victim expires in the perpitrator's custody, not necessarily by his hand, thus stipulating a resulting death, which was the wording of the objection. In addition, the federal government retains the death penalty for such non-murder offenses as treason, espionage and crimes under military jurisdiction; there has been no challenge to these statutes as of 2007.)
Executions resumed on January 17, 1977, when Gary Gilmore went before a firing squad in Utah. But the pace was quite halting due to use of litigation tactics which involved filing repeated writs for habeas corpus, which succeeded for many in delaying their actual execution for many years. Although hundreds of individuals were sentenced to death in the U.S. during the 1970s and early 1980s, only ten people besides Gilmore (who had waived all of his appeal rights) were actually executed prior to 1984.
Possibly in part due to expedited federal habeas corpus procedures embodied in the Antiterrorism and Effective Death Penalty Act of 1996, the pace of executions has picked up. Since the death penalty was reauthorized in 1976 1,029 people have been executed, almost exclusively by the states, with most occurring after 1990. Texas has accounted for over a third of modern executions (385 as of 8 March, 2007); the federal government has executed only 3 people in the last 27 years. California has the greatest number of prisoners on death row, but has held relatively few executions. Throw Away The Key, a group that advocates tougher sentences and victim's rights, estimates that about 1800 people were murdered by the first 1000 people executed since 1976. This is out of a total of 600,000 people murdered in the United States since 1975. The Conservative Voice
In addition, the Supreme Court has utilized IQ test results during the sentencing phase of some criminal proceedings. The Supreme Court case of ''Atkins v. Virginia'', decided June 20 2002,^[3]
held that executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment.

Death penalty statutes in the United States

'Color key:'

After the Supreme Court's 2005 decision in ''Roper v. Simmons'', , the minimum age at time of crime to be subject to the death penalty is 18.

Crimes subject to capital punishment

Crimes subject to the death penalty vary by jurisdiction. All jurisdictions which use capital punishment designate the highest grade of murder a capital crime, although most jurisdictions require additional aggravating circumstances. Treason is a capital offense in several jurisdictions. Other capital crimes include: aggravated rape in Louisiana, Florida, and Oklahoma; extortionate kidnapping in Oklahoma; aggravated kidnapping in Georgia, Idaho, Kentucky and South Carolina; train wrecking which leads to a person's deathLegislative Information in California, and perjury which leads to a person's death in California.Communications Office of California. In practice, no one has been executed for a crime other than murder or conspiracy to murder since September 4 1964, when James Coburn was executed for robbery in Alabama.^[4] There is currently only one death row inmate convicted of any crime other than murder — Patrick O. Kennedy in Louisiana, who was sentenced to death for the aggravated rape of his then eight year old step-daughter. ''New York Times'' story [1] Juan Manuel Alvarez is currently facing charges for train wrecking in California. Prosecutors are seeking the death penalty. http://www.signonsandiego.com/uniontrib/20050827/news_1n27region.html
The most recent executions solely for crimes other than homicide were, respectively:

★ Rape - Ronald Wolfe on May 8, 1964, in Missouri.

★ Criminal assault - Rudolph Wright on January 11, 1962, in California

★ Kidnapping - Billy Monk on November 21, 1960, in California

★ Robbery/rape/kidnapping - Caryl Chessman on May 2, 1960, in California

★ Espionage - Ethel and Julius Rosenberg on June 19, 1953, in New York (Federal execution)

★ Burglary - Frank Bass on August 8, 1941, in Alabama

★ Arson - George Hughes, George Smith, Asbury Hughes on August 1, 1884, in Alabama

★ Piracy - Nathaniel Gordon on February 21, 1862, in New York (Federal execution)

★ Treason - John Conn in 1862 in Texas

★ Slave revolt - Slaves named Caesar, Sam and Sanford on 19 October, 1860, in Alabama

★ Aiding a runaway slave - Starling Carlton in 1859 in South Carolina

★ Theft - Slave named Jake on December 3, 1855, in Alabama

★ Horse stealing - James Wilson and Fred Salkman on 28 November, 1851, in California

★ Forgery - 6 March, 1840, in South Carolina

★ Counterfeiting - Thomas Davis on 11 October, 1822, in Alabama

★ Sodomy/buggery/bestiality - Joseph Ross December 20, 1785, in Westmoreland Co., Pennsylvania, for ''buggery''

★ Concealing the birth/death of an infant - Hannah Piggen in 1785 in Middlesex, Massachusetts

★ Witchcraft - African American person named Manuel on June 15, 1779, in (present-day) Illinois
Several people who were executed have received posthumous pardons for their crimes. For example, slave revolt was a capital crime, and many who were executed for that reason have since been posthumously pardoned.

The legal process

The legal administration of the death penalty in the United States is complex. Typically, it involves four critical steps: (1) 'Sentencing', (2) 'Direct Review', (3) 'State Collateral Review', and (4) 'Federal Habeas Corpus'. Recently, a narrow and final fifth level of process—(5) the 'Section 1983 Challenge'—has become increasingly important.^[5] (Clemency or Pardon, through which the Governor or President of the jurisdiction can unilaterally reduce or abrogate a death sentence, is an executive rather than legal process.^[6])

Direct review

If a defendant is sentenced to death at the trial level, the case then goes into 'direct review.'^[7] The direct review process is a typical legal appeal. An appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether the decision was legally sound or not.^[8] Direct review of a capital sentencing hearing will result in one of three outcomes. If the appellate court finds that no significant legal errors occurred in the capital sentencing hearing, the appellate court will 'affirm' the judgment, or let the sentence stand.^[9] If the appellate court finds that significant legal errors did occur, then it will 'reverse' the judgment, or nullify the sentence and order a new capital sentencing hearing.^[10] Lastly, if the appellate court finds that no reasonable juror could find the defendant eligible for the death penalty, a rarity, then it will order the defendant 'acquitted', or legally innocent, of the death penalty and order him sentenced to the next most severe punishment for which the offense is eligible.^[11] A majority of death sentences, however — about 60% — survive the process of direct review intact.^[12]

State collateral review

When a death sentence is affirmed on direct review, it is considered final. Yet, supplemental methods to attack the judgment, though less familiar than a typical appeal, do remain. These supplemental remedies are considered 'collateral review', that is, an avenue for upsetting judgments that have become otherwise final.^[13] Where the prisoner received his death sentence in a state-level trial, as is usually the case, the first step in collateral review is 'State Collateral Review'. (If the case is a federal death penalty case, it proceeds immediately from direct review to federal habeas corpus.) Although all states have some type of collateral review, the process varies widely from state to state.^[14] Generally, the purpose of these collateral proceedings is to permit the prisoner to challenge his sentence on grounds that could not have been raised reasonably at trial or on direct review.^[15] Most often these are claims, such as ineffective assistance of counsel, which require the court to consider new evidence outside the original trial record, something courts may not do in an ordinary appeal. State Collateral Review, though an important step in that it helps define the scope of subsequent review through Federal Habeas Corpus, is rarely successful in and of itself. Only around 6% of death sentences are overturned on State Collateral Review.^[12]

Federal habeas corpus

After a death sentence is affirmed in State Collateral Review, the prisoner may file for 'Federal Habeas Corpus', which is a unique type of lawsuit that can be brought in federal courts. Federal habeas corpus is a species of collateral review, and it is the only way that state prisoners may attack a death sentence in federal court (other than petitions for certiorari to the United States Supreme Court after both direct review and state collateral review). The scope of federal habeas corpus is governed by the Antiterrorism and Effective Death Penalty Act of 1996, which restricted significantly its previous scope. The purpose of Federal habeas corpus is to ensure that state courts, through the process of direct review and State Collateral Review, have done at least a reasonable job in protecting the prisoner's Federal Constitutional Rights. Prisoners may also use Federal habeas corpus suits to bring forth new evidence that they are innocent of the crime, though to be a valid defense at this late stage in the process, evidence of innocence must be truly compelling.^[17]
Review through federal habeas corpus is narrow in theory, but it is important in practice. According to Eric Freedman, 21% of death penalty cases are reversed through federal habeas corpus.^[12]
James Lieberman, a professor of law at the Columbia law school, stated in 1996 that his study found that when habeas corpus petitions in death penalty cases were traced from conviction to completition of the case that there was "a 40 percent success rate in all capital cases from 1978 to 1995."^[19] Similarly, a study by Ronald Tabek in a law review article puts the success rate in habeas corpus cases involving death row inmates even higher, finding that between "1976 and 1991, approximately 47% of the habeas petitions filed by death row inmates were granted." ^[20] The different numbers are largely definitional, rather than substantive. Freedam's statistics looks at the percentage of all death penalty cases reversed, while the others look only at cases not reversed prior to habeas corpus review.

Section 1983 contested

Under the Antiterrorism and Effective Death Penalty Act, a state prisoner is ordinarily only allowed one suit for habeas corpus in federal court. If the federal courts refuse to issue a writ of habeas corpus, the Governor may set an execution date. In recent times, however, prisoners have postponed execution through a final round of federal litigation using the Civil Rights Act of 1871 — codified at — which allows people to bring lawsuits to protect their civil rights.
Traditionally, Section 1983 was of limited use for a state prisoner under sentence of death because the Supreme Court has held that habeas corpus, not Section 1983, is the only vehicle by which a state prisoner can challenge his judgment of death.^[21] In the recent Hill v. McDonough case, however, the United States Supreme Court approved the use of Section 1983 as a vehicle for challenging a state's method of execution as cruel and unusual punishment in violation of the Eighth Amendment. The theory is that a prisoner bringing such a challenge is not attacking directly his judgment of death, but rather the means that the judgment will be carried out. Therefore, the Supreme Court held in the Hill case, a prisoner can use Section 1983 rather than habeas corpus to bring the lawsuit. Yet, as Clarence Hill's own case shows, lower federal courts have often refused to hear suits challenging methods of execution on the ground that the prisoner brought the claim too late and only for the purposes of delay.

Methods

Number of executions each year by the method used in the United States and the earlier colonies from 1608 to 2004. The adoption of electrocution caused a marked drop off in the number of hangings, which was used even less with the use of the gas chamber. After ''Gregg v. Georgia'', most states changed to lethal injection, leading to its rise.

Various methods have been used in the history of the American colonies and the United States but only five methods are currently used. Historically, burning, pressing, gibbeting or hanging in chains, breaking on wheel and bludgeoning were used for a small number of executions, while hanging was the most common method. The last person burned to death was a black slave in South Carolina in August 1825. The last person to be hung in chains was a murderer named John Marshall in West Virginia on April 4, 1913. Although decapitation was a legal method in Utah for the second half of the 19th century, it was never employed.^[22]
Currently lethal injection is the method used or allowed in 37 of the 38 states which allow the death penalty and by the federal government. Nebraska requires electrocution. Other states also allow electrocution, gas chambers, hanging and the firing squad. From 1976 to June 30, 2006, out of 1,029 executions: 861 have been by lethal injection, 152 by electrocution, 11 by gas chamber, 3 by hanging, and 2 by firing squad.Death Penalty Info Fact Sheet.
:''See list of state-by-state methods of execution.''
The use of lethal injection has become standard. From June 2000 to July 20, 2006, only 6 out of 387 executions have been by a different method. The last execution by any other method was the use of the electric chair on July 20, 2006 when Brandon Hedrick was executed in Virginia. The last use of the gas chamber occurred on March 3, 1999 when Walter LaGrand was executed in Arizona, NAACPLDF DRUSA, Spring 2006. the last use of hanging was on 25 January 1996 when Delaware hanged Billy Bailey and the firing squad was also last used in 1996 when John Albert Taylor was shot in Utah on January 26.
The electric chair was the major method of execution during most of the 20th century. They developed a special nickname: Old Sparky (however, Alabama's electric chair became known as the "Yellow Mama" due to its unique color.). Some, particularly in Florida, were noted for malfunctions, which caused discussion of their cruelty and resulted in a shift to lethal injection as the major method of execution. Although lethal injection dominates as a method of execution, some states allow an alternate method and a few states allow at least some death-row inmates to choose the method by which they will be executed.
Regardless of the method, an hour or two before the execution, the condemned person is offered religious services, and a last meal. Executions are carried out in private with only invited persons able to view the proceedings.

Ages of condemned prisoners

Executions in the United States from 1608 to 2004

Executions in the United States from 1930 to 2004

Total number of prisoners on Death Row in the United States from 1953 to 2003

After the Supreme Court's 2005 decision in ''Roper v. Simmons'', , the minimum age at time of crime to be subject to the death penalty is 18.
Since 1642 (in the 13 colonies, the United States under the Articles of Confederation, and the current United States) an estimated 364 juvenile offenders have been put to death by states and the federal government. The first known juvenile to be executed was Thomas Graunger in 1642. Twenty-two of the executions occurred after 1976, in seven states. Due to the slow process of appeals, it was highly unusual for a condemned person to be under 18 at the time of execution. The youngest person to be executed in the 20th century was George Stinney, at the age of 14, in 1944. The last execution of a juvenile may have been Leonard Shockley, executed on April 10, 1959 at the age of 17. No one has been under age 19 at time of execution since at least 1964. Best Webhttp://www.deathpenaltyinfo.org/article.php?scid=27&did=206 Since the reinstatement of the death penalty in 1976, 22 people have been executed for crimes committed under the age of 18. 21 were 17 at the time of the crime, one, Sean Sellers, executed on February 4, 1999 in Oklahoma, was 16. The last person to be executed for a crime committed as a juvenile was Scott Allen Hain on April 3, 2003 in Oklahoma.^[23]
Before 2005, of the 38 U.S. states that allow capital punishment:

★ 19 states and the federal government had set a minimum age of 18,

★ Five states had set a minimum age of 17, and

★ 14 states had explicitly set a minimum age of 16, or were subject to the Supreme Court's imposition of that minimum.
Sixteen was held to be the minimum permissible age in the 1988 Supreme Court of the United States decision of ''Thompson v. Oklahoma''. The Supreme Court, considering the case ''Roper v. Simmons'', in March 2005, found execution of juvenile offenders unconstitutional by a 5–4 margin. State laws have not been updated to conform with this decision. Under the US system, unconstitutional laws do not need to be repealed, but are
instead held to be unenforceable.

Distribution of sentences

Within the context of the overall murder rate, the death penalty cannot be said to be widely or routinely used in the United States; in recent years the average has been about one execution for about every 700 murders committed, or 1 execution for about every 325 murder convictions.
It is noted that the death penalty is sought and applied more often in some jurisdictions, not only between states but within states. A 2004 Cornell University study showed that while 2.5% of murderers convicted nationwide were sentenced to the death penalty, in Nevada 6% were given the death penalty. Texas gave only 2% of murderers the death sentence, less than the national average. Texas, however, executed 40% of those sentenced, which was about 4 times higher than the national average. California had executed only 1% of those sentenced.
Only 1.4 % of those executed since 1976 have been women.
African Americans make up 42% of death row inmates while making up only 12% of the general population. (They have made up 34% of those actually executed since 1976.)^[24] Conversely, others note that this is lower than the 50% of the total prison population which is African American and that whites are in fact twice as likely as African Americans to receive the death penalty, and are also executed more quickly after sentencing.^[25] Academic studies indicate that the single greatest predictor of whether a death sentence is given, however, is not the race of the defendant, but the race of the victim. According to a 2003 Amnesty International report, blacks and whites were the victims of murder in almost equal numbers, yet 80 % of the people executed since 1977 were convicted of murders involving white victims.^[24]

Public execution versus private execution

The last public execution in America was that of Rainey Bethea in Owensboro, Kentucky, on August 14, 1936. It was the last death sentence in the nation at which the general public was permitted to attend without any legally-imposed restrictions. "Public execution" is a legal phrase, defined by the laws of various states, and carried out pursuant to a court order. Similar to "public record" or "public meeting," it means that anyone who wants to attend the execution may do so.
About 1890, a political movement developed in the United States to mandate private executions. Several states enacted laws which required that the executions be conducted within a "wall" or "enclosure" to "exclude public view." (These are significant legal phrases.) For example, in 1919, the Missouri legislature adopted a statute (L.1919, p. 781) which required, "the sentence of death should be executed within the county jail, if convenient, and otherwise within an enclosure near the jail." The Missouri law permitted the local sheriff to distribute passes to individuals (usually local citizens) whom he believed should witness the hanging, but the sheriffs—for various reasons—sometimes denied passes to individuals who wanted to watch. Missouri executions conducted after 1919 were not "public" because they were conducted behind closed walls, and the general public was not permitted to attend.
Present-day statutes from across the nation utilize the same words and phrases, requiring modern executions to take place within a wall or enclosure to exclude public view. Connecticut (CGSA 54-100) requires death sentences to be conducted in an "enclosure" which "shall be so constructed as to exclude public view." Kentucky (KRS 431.220) and Missouri (VAMS 546.730) statutes contain substantially identical language. New Mexico's statute (NMSA 31-14-12) requires executions be conducted in a "room or place enclosed from public view." Massachusetts (MGLA. 279 § 60) requires executions to take place "within an enclosure or building." North Carolina (NCGSA § 15-188) requires death sentences to be executed "within the walls" of the penitentiary, as do Oklahoma (22 Okl.St.Ann. § 1015) and Montana (MCA 46-19-103). Ohio (RC § 2949.22) requires, "The enclosure shall exclude public view." Similarly, Tennessee (TCA § 40-23-116) requires "an enclosure" for "strict seclusion and privacy." Federal law (18 U.S.C.A. § 3596 and 28 CFR 26.3) specifically limits the witnesses to be present at an execution..
Today, there are always witnesses to executions--sometimes numerous witnesses, but it is the law, not the number of witnesses present, which determines whether the execution is "public."
All of the executions which have taken place since the 1936 hanging of Bethea in Owensboro have been conducted within a wall or enclosure. For example, Fred Adams was legally hanged in Kennett, Missouri, on April 2, 1937, within a 10-foot wooden stockade. Roscoe "Red" Jackson was hanged within a stockade in Galena, Missouri, on May 26, 1937. Two Kentucky hangings were conducted after Galena in which numerous persons were present within a wooden stockade, that of John "Peter" Montjoy in Covington, Kentucky on December 17, 1937, and that of Harold Van Venison in Covington on June 3, 1938. An estimated 400 witnesses were present for the hanging of Lee Simpson in Ryegate, Montana, on December 30, 1939. The execution of Timothy McVeigh on June 11, 2001, was witnessed by some 300 people (some by closed circuit television), so some might call it a "public execution," even though federal law does not permit public executions. See 18 U.S.C.A. § 3596 and the federal administrative regulation implementing it, 28 CFR § 26.4. A “public execution” means that all the public has access.

Clemency and commutations

The most of people released from the death row since 1977 were not subject of executive clemency or commutation of their sentences from death.
From 1977 to 2007 229 persons, who were sentenced to death, were saved because of Governors or Board of Clemencies decision to pardon them or commute their sentences to life in prison. This is rare, especially in contrast to the number of overturned convictions.
228 persons were saved from State Death Row and one from Federal Death Row.
Most clemencies took place in Illinois in January 2003, when outgoing Governor George Ryan, who previously imposed a moratorium on executions, pardoned four death row inmates and commuted sentences to prison for all others 168.
Previous post-Furman ''massive'' clemencies took place in 1986 in New Mexico, where Governor Toney Anaya had commuted all death sentences because of his opposition to the death penalty. In 1991 Outgoing Ohio Governor Dick Celeste commuted the sentences of eight prisoners. Also during his two terms (1979-1987) as Florida Governor Bob Graham, although a strong death penalty supporter, who oversaw the first post-Furman involuntary execution and 15 others, agreed to commute sentences of six people, on grounds of "possible innocence" or "disproportionality".
The only clemency in a federal case since reintrodution of the death penalty in 1988 on this level took place on January 20, 2001, on the final day in office of President Bill Clinton, when David Ronald Chandler's penalty was reducted because of Clinton's doubts about his guilt.
Most expert agree that many Governors don't use power of clemency because for public relations reasons.
'Governor has sole authority in pardons or commutation of death sentences in following states:'
Alabama, California, Colorado, Kansas, Kentucky, New Jersey, New Mexico, New York, North Carolina, Oregon, South Carolina, Virginia, Washington and Wyoming
'Governor has authority, but receives a non-binding recommendation of clemency from a Board or Advisory Group'
Arkansas, Illinois, Mississippi, Indiana, Maryland, Missouri, New Hampshire, Ohio, South Dakota and Tennessee
'Governor must have a recommendation from the Board:'
Arizona, Delaware, Florida, Louisiana, Montana, Oklahoma, Pennsylvania, Texas
'Governors has no authority, clemencies determined by the Board:'
Georgia, Connecticut, Idaho
'Governor sits on the Board which determines clemency:'
Nebraska, Nevada, Utah
Death Penalty Information Center on Clemency Issues

Controversy over use of death penalty

Main articles: Capital punishment debate

Various groups oppose or support capital punishment. Amnesty International and the Roman Catholic Church oppose capital punishment on moral grounds, while the Innocence Project works to free wrongly convicted prisoners, including death row inmates, based on newly available DNA tests. Other groups, such as the Southern Baptists, law enforcement, and some victims' rights groups support capital punishment.
Opinion polls consistently show that a majority of the American public supports the death penalty. A May 2005 Gallup poll had 74% of respondees in "favor of the death penalty for a person convicted of murder". In the same Gallup poll, when life imprisonment without parole was given as an option as a punishment for murder, 56% supported the death penalty and 39% supported life imprisonment, with 5% offering no opinion. ClarkProsecutor Elections have sometimes turned on the issue; in 1986, three justices were removed from the Supreme Court of California by the electorate (including Chief Justice Rose Bird) specifically because of their opposition to the death penalty.
Religious groups are widely split on the issue of capital punishment, ReligiousTolerance generally with more conservative groups more likely to support it and more liberal groups more likely to oppose it.
Debate over the death penalty centers around four issues: whether it is morally correct to kill; whether the death penalty serves as a deterrent; whether the penalty is being applied fairly across racial, social, and economic classes; and whether the irrevocability of the penalty is justified considering possible new evidence or future revelations of improper conduct by the state. It is also claimed that the financial costs of a complete death penalty case exceed the total costs of a lifetime of incarceration. Between 1976 and 2003, less than 2% of death row prisoners were exonerated, while others had their sentences reduced for other reasons. This amounted to 112 prisoners released.

Suicide on death row

The suicide rate of death row inmates was found by Lester and Tartaro to be 113 per 100,000 for the period 1976–1999. This is about ten times the rate of suicide in the United States as a whole and about six times the rate of suicide in the general U.S. prison population.^[27]

Moratoria

Since the death penalty was reinstated in Illinois in 1977, 12 men have been executed. During that same period, 13 men were freed from death row. Oprah This finding prompted the outgoing governor of Illinois, Republican George H. Ryan, who had previously ordered a moratorium on executions by the state, to commute all death penalties in his state in January 2003. Suburban Chicago News When Democrat Rod Blagojevich was elected governor in 2002, one of his first acts was an attempt to revoke some of Ryan's commutations. Press Enterprise
In addition to Ryan's moratorium, Governor Parris N. Glendening (D) halted executions in the state of Maryland by executive order on May 9, 2002, but the subsequent governor, Robert Ehrlich (R), resumed executions in 2004. However, on December 19, 2006, the Maryland Court of Appeals ruled that state executions would be suspended until the manual that spells out the protocol for lethal injections is reviewed by a legislative panel. The state's Department of Corrections had adopted the manual without having a public hearing or submitting it before a committee. Legislative review of the protocol is required before approval under state law.
In December 2005, the New Jersey State Senate passed a one-year moratorium on executions by the state. Justice Policy The measure was passed by the legislature on January 10, 2006. Governor Richard J. Codey signed the measure into law on January 12. New Jersey ADP New Jersey is the first state to pass such a moratorium legislatively, rather than by executive order. Although New Jersey reinstated the death penalty in 1982, the state has not executed anyone since 1963.
In New York, the New York State Court of Appeals ruled that the state's death penalty statute was unconstitutional in June of 2004, in the case of ''People v. LaValle''.
In Florida, Governor Jeb Bush suspended all executions on December 15, 2006 after a botched execution required a second injection of the lethal chemicals.
In North Carolina, a de facto moratorium is in place following a decision by the state's medical board that physicians cannot participate in executions, which is a requirement under state and federal law.
In California, U.S. District Judge Jeremy Fogel imposed a moratorium on the death penalty in the state of California on December 15, 2006, ruling that the implementation used in California was unconstitutional but that it could be fixed.^[28]
In Missouri, U.S. District Judge Fernando J. Gaitan, Jr. of the United States District Court for the Western District of Missouri in Kansas City suspended the state's death penalty on June 26, 2006, after lengthy hearings on the matter. Judge Gaitan reasoned that the state's lethal injection protocol did not satisfy the Eighth Amendment because (1) the written procedures for implementing lethal injections were too vague, and (2) the state had no qualified anesthesiologist to perform lethal injections. Jay Nixon, the Missouri Attorney General, promptly appealed to the United States Court of Appeals for the Eighth Circuit in St. Louis. On June 4, 2007, a panel of the Eighth Circuit reversed the District Court's decision. The death row inmate in question, Michael Taylor, will seek an ''en banc'' hearing before the entire Eighth Circuit and, failing that, will seek a writ of certiorari in the Supreme Court of the United States.^[29] The Eighth Circuit case is number 06-3651, ''Taylor v. Crawford''.

External links

Anti-death penalty

★ National Coalition to Abolish the Death Penalty

★ Death Penalty Information Center

★ New Mexico Coalition to Repeal the Death Penalty

★ Texas Moratorium Network

★ The Innocence Project

★ Truth in Justice

★ Amnesty International USA campaign to abolish the death penalty

★ Campaign to end the Death Penalty

★ Against the Death Penalty — Religious Organizing

★ Death Penalty Focus

★ Fight the death penalty

★ Anti-Death Penalty Information: includes a monthly watchlist of upcoming executions and death penalty statistics for the United States.

★ New Jerseyans for Alternatives to the Death Penalty: includes information on the current moratorium, the bill to replace the death penalty with "life without the possibility of parole" and general information on the death penalty.

★ Kansas Coalition Against the Death Penalty

★ LifeLines

★ Execution by America - A satirical flash animation regarding the execution in the United States.

★ Drive Movement- Anti Death penalty site with inmate writings against the death penalty and for humane prisoner treatment

★ Montana Abolition Coalition

Pro-death penalty

★ Pro Death Penalty.com

★ Pro Death Penalty Resource Page - Wesley Lowe

★ Clark County, IN Prosecutor's Page on capital punishment.

★ In Favor of Capital Punishment - Quotes supporting Capital Punishment

★ No Racial Bias Found - CNN Law Center archives

★ The Ultimate Punishment - A professor defends the death penalty

★ Is man a moral agent? - Ethics of capital punishment

★ A defense of the death penalty

★ Death Penalty Information - News, arguments and links

★ Criminal Justice Legal Foundation Articles on the death penalty, and deterrence

More information

★ About.com's Pros & Cons of the Death Penalty and Capital Punishment (Liberal Viewpoint)

★ Last Meals on Death Row

★ The documentary ''Procedure 769, witness to an execution'' DocsOnline focuses on the people who witness an execution, specifically that of Robert Alton Harris who murdered two boys in 1978.

References

1. Executions in the United States, 1608-1976, By State, http://www.deathpenaltyinfo.org/article.php?scid=8&did=1110, Death Penalty Information Center, 2007, accessed May 30, 2007
2. http://www.deathpenaltyinfo.org/article.php?did=1666
3.
4. The ESPY file for James Coburn
5. See, e.g., Hill v. McDonough.
6. See generally Separation of Powers.
7. See, e.g., 18 U.S.C. § 3595. ("In a case in which a sentence of death is imposed, the sentence shall be subject to review by the court of appeals upon appeal by the defendant."
8. See generally Appeal.
9. 18 U.S.C. § 3595.
10. Poland v. Arizona, 476 U.S. 147 152-54 (1986).
11. See id.
12. Eric M. Freedman, "Giarratano is a Scarecrow: The Right to Counsel in State Postconviction Proceedings," 91 Cornell L. Rev. 1079, 1097 (2006).
13. Teague v. Lane, 489 U.S. 288, 306 (1989).
14. LaFave, Israel, & King, 6 Crim. Proc. § 28.11(b) (2d ed. 2007).
15. LaFave, Israel, & King, 6 Crim. Proc. § 28.11(a) (2d ed. 2007).
16. Eric M. Freedman, "Giarratano is a Scarecrow: The Right to Counsel in State Postconviction Proceedings," 91 Cornell L. Rev. 1079, 1097 (2006).
17. House v. Bell, 126 S. Ct. 2064 (2006)
18. Eric M. Freedman, "Giarratano is a Scarecrow: The Right to Counsel in State Postconviction Proceedings," 91 Cornell L. Rev. 1079, 1097 (2006).
19. http://query.nytimes.com/gst/fullpage.html?res=9C05E0DB1039F932A35757C0A960958260
20. http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/speed.html
21. Heck v. Humphrey, 512 U.S. 477 (1994).
22. http://deathpenaltyinfo.msu.edu/c/states/stats/utah.htm
23. http://www.deathpenaltyinfo.org/article.php?scid=27&did=203#execsus
24. http://web.amnesty.org/library/index/engamr510462003
25. http://www.prodeathpenalty.com/racism.htm
26. http://web.amnesty.org/library/index/engamr510462003
27. Suicide on Death Row, D Lester and C Tartaro, ''J Forensic Sci.'' 2002 Sep;47(5):1108-11.[2]
28. Judge says executions unconstitutional
29. ''Court restores Missouri executions'' ''The Kansas City Star'', June 5, 2007.

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