"Executing the mentally retarded is senseless cruelty. Even
strong death penalty supporters recognize that capital punishment is wrong for
people with the mind of a child." Jamie Fellner, Human
rights Watch associate counsel, commenting on the scheduled
execution by the state of Texas of Johnny Penry, a man with the mental age of a
1st grader; his IQ was between 50 and 63.
In the United States, about 13,000 people have been legally executed since colonial
times.
By the 1930's up to 150 people were executed yearly. 2Lack
of public support for capital punishment and various legal challenges reduced the
execution rate to near zero by 1967. The U.S. Supreme Court banned the practice in
1972.
In 1976, the Supreme Court authorized its resumption. 3 Each state could
then decide whether or not to have
the death penalty. As of the 2002-OCT, only the District of Columbia and 12 states do not have the death
penalty. The states which have abolished executions are typically northern: Alaska, District of Columbia, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota,
Rhode Island, Vermont, West Virginia and Wisconsin. However, seven
jurisdictions have the death penalty but have not performed any
executions since 1976. They are also mostly northern: Connecticut, Kansas, New Hampshire, New Jersey,
New York, South Dakota and the U.S. military.
The U.S. Supreme Court ruled that whenever
a sentencing jury has the ability to impose capital punishment, the jury
must be informed in advance if the defendant would be eligible for
parole.
Almost all states have an automatic review of each conviction by
their highest appellate court.
There are a number of federal offenses that can lead to the death
penalty. About 21 prisoners are housed in death row at the federal
Terre Haute, IN facility. One was executed in 2001. This was the first federal execution in 36 years.
Texas holds the record for the largest number of executions since
the death penalty was reinstated in 1976. Virginia has executed a larger
percentage of its population than any other state over 1 million in
population.
As of 2002-JAN-1: From 1976, when executions were resumed, until
2002-JUL-1, there
have been 784 executions
in the US. About 30 to 60 prisoners are currently killed annually, most by lethal
injection. About two out of three executions (65.6%) are conducted in five states:
Texas, Virginia, Missouri, Florida and Oklahoma. Texas leads the other
states in number of killings (256 killings; 34% of the national total).
There were about 3,690
prisoners sentenced to death in 37 state death rows, and 31 being held by
the U.S. government and military. 4 About 1.5% are women. Recent laws have expanded the
number of crimes for which capital punishment can be applied. Other legislation
has reduced some
of the appeal mechanisms available to those on death row.
Public approval of the death penalty is currently about 70%. Public
support is essentially the same in Canada, a country which abandoned
capital punishment.
The vast majority of those executed were poor. About 90% could not afford a lawyer when they went
to trial. They had to rely upon a court-appointed lawyer.
The homicide rate in those states with the death penalty is almost
double the rate in states without the death penalty. It is not known
whether this is due to:
People in high-homicide states demanding the death penalty as a
perceived deterrent, or
Use of the death penalty by the state cheapens the value of life, and causes a higher homicide rate,
or
Some other reason.
Essentially all of the persons executed are male. since 1976 when executions resumed,
there have only been four women executed -- all in Southern states. These were:
1984-NOV-02: North Carolina: Velma Barfield
confessed to murdering three people with arsenic. According to About.com:
"In prison she became a born-again Christian and her list of
supporters who objected to her execution grew, including evangelist Billy
Graham. Velma also discovered she was a skilled counselor and helped inmates
adjust to their prison existence. She co-wrote a book, Woman on Death Row, a
collection of her memoirs." 11
While in prison she confessed to additional murders.
1998-FEB-3: Texas: Karla Faye Tucker, 38, was convicted of
killing two people in 1983 with a pickax. She was the first woman since 1863 to be
executed in that state. She had repented of her crimes, and been "born again"
during her 14 years of imprisonment . Her case received a great deal of publicity. Many
individuals and groups pleaded for clemency. This included Fundamentalist Teleminister Pat
Robertson; Ron Carlson (brother of victim Deborah Thornton); Peggy Kurtz, (sister of
victim Jerry Dean); Paul Ward, a juror who convicted Tucker; and even her arresting
officer, J.C. Mosier. 5
1998-MAR-30: Florida: Judy Beenano, 54 was called the
"Black Widow" for poisoning her husband, drowning her son and trying to blow up
her fiancé. She was the first woman to be executed in Florida since 1848.
2002-OCT-09: Florida: Aileen Wuornos was found guilty for the murders of six men including one police
officer and a missionary. A movie name titled "Monster" starring Charlize Theron was made about her life. Several books, documentaries,
and TV specials have also been produced. She also became a Christian in
prison. Her last words were: "I'd just like to say I'm sailing with
the Rock and I'll be back like Independence Day with Jesus, June 6, like
the movie, big mothership and all. I'll be back." There is no
evidence that she has returned yet. 12
Canada does not have a death penalty. In most cases, the most serious sentence
for murder is life imprisonment
with no possibility of parole for 25 years. However, if a person has a long
history of violent crime, then they can be declared a "dangerous
offender." With this classification they are given an indefinite
sentence with little chance of ever being released from prison.
Public opinion polls show that over 70% of the
adult population would like to see a return of hanging for first degree murder.
This is almost identical to the level of support in the U.S. The Roman
Catholic Church and liberal churches wish to continue the present status; conservative
Protestant denominations are overwhelmingly in favor of a return to capital punishment.
However, they do not appear to be aggressively promoting the death
penalty. Their effort seems to be directed mainly at preventing
same-sex couples from marrying, fighting
abortion access, and
maintaining as criminal acts soliciting for prostitution and marijuana
use.
The homicide rate in Canada has been gradually dropping since executions were stopped. This
phenomenon has been observed in many other countries who have
abandoned the death penalty. However, it has never been convincingly proven that
there is a relationship between the decrease in homicides and the cessation of
the death penalty.
Relatively few other developed countries in the world impose the death penalty. Japan
and South Korea are
the only established democracies in the world, other than the U.S., which still
conduct
executions. The execution rate in Japan is a small fraction of that in the U.S.
Some countries, such as Italy, routinely refuse to extradite accused murderers to the US
because of the possibility that they might be executed. Canada originally refused to
extradite suspected mass murderer Charles Ng to California for a trial. The government
ruling was later overturned by Canada's Supreme Court.
There are eight main methods of execution in current use worldwide:
2
Beheading: Only two countries execute people by chopping their
head off: Saudi Arabia and Iraq.
Electric chair: (US only) Nobody knows how quickly a person dies from the
electric shock, or what they experience. The ACLU describes two cases where prisoners
apparently lived for 4 to 10 minutes before finally expiring.
Firing squad: The prisoner is bound and shot through the heart by multiple
marksmen. Death appears to be quick, assuming the killers don't miss. In
the U.S., only Utah used this method. It was abandoned in favor of
lethal injection on 2004-MAR-15, except for four convicted killers
on death row who had previously chosen death by firing squad.
7 This is used in Belarus, China, Somolia, Taiwan, Uzbekistan,
Vietnam, and others.
Guillotine: A famous French invention, not used in North America. It
severs the neck. Death comes very quickly.
Hanging: if properly conducted, this is a humane method. The neck is
broken and death comes quickly. However, if the free-fall distance is inadequate, the
prisoner ends up slowly being strangled to death. If it is too great,
the rope will tear his/her head off. This method is used in Egypt, Iran, Japan,
Jordan, Pakistan, Singapore and others.
Lethal injection: Lethal drugs are injected into the prisoner while he
lays strapped down to a table. Typically, sodium pentothal is injected to make
the prisoner unconscious. Then pancuronium bromide is injected. It
terminates breathing and paralyzes the individual Finally, potassium
chloride is injected to stop the heart. If properly conducted, the prisoner fades quickly into
unconsciousness. If the dosage of drugs is too low, the person may linger for many
minutes, experiencing paralysis. Executions in the U.S. are gradually
shifting to this method. This technique has been challenged recently by those who
feel that the prisoner may not be rendered unconscious by the drugs. Some
suggest that this method can be extremely painful. After a botched execution
of Angel Nieves Diaz in Florida during 2006-DEC, Florida and nine other
states have placed a hold on executions. This method is used in China,
Guatemala, Philippines, Thailand, and the U.S.
Poison gas: Cyanide capsules are dropped into acid producing Hydrogen Cyanide, a
deadly gas. This takes many minutes of agony before a person dies.
Stoning: The prisoner is often buried up to her
or his neck and pelted with rocks until they eventually die. The rocks
are chosen so that they are large enough to cause significant injury
to the victim, but are not so large that a single rock will kill the
prisoner. Used in North Afghanistan and Iran, as a penalty for murder, adultery,
blasphemy,
and other crimes. 13
In almost all states that perform executions, the death penalty is limited to
cases involving aggravated murder.
However, there is a growing number of states that also allow the execution of
convicted child molesters. As of early 2006, these included Florida, Louisiana
and Montana. On 2006-JUN-09, Governor Brad Henry of Oklahoma signed a bill into
law that permits the death penalty for anyone convicted of a second or subsequent
rape, forcible sodomy, lewd molestation or rape by instrumentation of a
child under 14 years of age. The governor of South Carolina signed
a similar bill on the previous day. 9
Fortunately, none of the adults who were convicted of
multi-victim, multi-offender (MVMO) sexual crimes against
children in day care centers, by sexual molestation rings, etc. during the
1980s and early 1990s were executed.
It appears that all or almost all were based on implanted memories and did not
actually happen.
The country has experienced a significant swing in opinion against the death
penalty in recent years.
Some reasons are:
The continued opposition to the death penalty by some mainline faith groups, all or essentially all liberal
faith groups, and the magisterium of the Roman Catholic Church. As in so many
other matters, most of the Catholic church laity strongly disagrees with the
Church leaders.
A sharp decrease in total crime rates in the past decade.
Increasing recognition that race plays a major role in murder
convictions.
By 2005-APR, DNA testing has proven that 14 inmates awaiting execution on
death row were innocent.
Some research has cast doubt on whether capital punishment acts as a
deterrent to murder; other studies claim that a deterrent effect exists. 11
A growing belief that many convicts have been
executed for crimes they did not commit.
After a botched execution in Florida during
2006-DEC in which Angel Diaz took two injections and 34 minutes to die, Jeb
Bush temporarily suspended future executions. Nine other states followed
suit. 14
Some developments are:
1997: ABA calls for suspension: the American Bar Association called for a suspension of the death
penalty, until new policies are implemented to make certain that "death penalty
cases are administered fairly and impartially, in accordance with due process,
and...minimize the risk that innocent persons may be executed." The
Association is also
opposed to the execution of mentally retarded individuals and child
criminals. 6
2000-JAN: IL: Temporary moratorium: Recent
DNA tests on inmates on Illinois' death row proved that 13 were
innocent. Governor G.H. Ryan of Illinois announced a moratorium on executions in that state until after an
administration review of the death penalty.
2000-JUN: USA: Christian denominations take opposing views: The
Southern Baptist Convention -- the largest Protestant denomination
in the U.S. -- reaffirmed its support for the death penalty; the Presbyterian Church (USA)'s General
Assembly reaffirmed their opposition.
2001-JAN: ACLU calls for suspension: The American Civil Liberties Union
started to promote a moratorium on future executions.
2001-JUL: CT: Execution of mentally retarded
banned: The state no longer allows execution of mentally retarded
persons.
2001-AUG: NC: Execution of mentally retarded
banned: The state no longer allows execution of mentally retarded
persons.
2002-MAR: NY: Voters prefer life without parole:Zogby
International surveyed registered voters in Albany NY and the
surrounding county. As expected, those polled preferred to retain
capital punishment by a vote of 55% to 42%. But when asked about an
alternative, 67% preferred sentencing convicted murderers to life
imprisonment with no chance for parole vs. 27% who preferred the death
penalty.
2002-APR: NY: Judge ready to declare death penalty
unconstitutional: Judge Jed Rakoff of the Manhattan Federal Court
gave U.S. Justice Department lawyers a few weeks to argue whether
retaining capital punishment "can constitutionally justify the
knowing execution of innocent persons."
2002-APR: AZ: 100th inmate on death row declared not guilty:
DNA evidence proved that former postman Ray Krone did not kill an
Arizona bartender. The evidence proved that a convicted sex offender was
actually guilty. Krone is the 100th inmate to be declared not guilty in
the U.S. since 1973.
2002-MAY: MD: Temporary moratorium: Governor Parris
Glendening declared an moratorium on the death penalty in his state.
2002-MAY: USA: Legislative status: The Death Penalty
Moratorium Act was introduced into the Senate. An Innocence
Protection Act was introduced into both the House and Senate.
Neither became law.
2004-MAR-15: UT: Governor bans death by firing squad:
Governor Olene Walker signed a bill into law that removes death by
firing squad as an option that can be chosen by convicted murderers.
Executions in the future will be by lethal injection. Four convicted
murderers who have already selected the firing squad will have their
wishes granted if they are eventually executed.
8
2006-JUN-09: OK: Governor widens role of
death penalty: Governor Brad Henry of Oklahoma signed a bill to allow
the death penalty for repeat child molesters or aggravated molestation of
children. Anyone convicted for a
second time of rape, forcible sodomy, lewd molestation or rape by
instrumentation of a child under 14 years of age is now eligible for
execution. 9 More details
The above information are summaries of the more important news items.
More details are available.
"Death Row U.S.A. - Summer 2002," Death Penalty Information
Center, at:
http://www.deathpenaltyinfo.org/ You need software to read
these files. It can be obtained free from:
"After the YouTube execution, what now for death penalty? ; From monster to
martyr?" Independent-London, 2007-JAN-04, at:
http://www.romingerlegal.com/
"Executions halted in 2 states after botched injection." CNN.com,
2006-DEC-15, at:
http://www.cnn.com/
Brian Handwerk, "DNA Frees Death-Row Inmates, Brings Others to Justice."
National Geographic Channel, 2005-APR-08, at:
http://news.nationalgeographic.com/