The Death Penalty

The Death Penalty

8th Amendment – Cruel and Unusual Punishment?

The Death Penalty of Old

Public punishment necessary deterrent.

The more painful the more likely souls could be “cleansed” for heaven.

Also, great entertainment for the public.

Death Penalty for the Founders.

Most Founders did favor the death penalty – BUT did not like torture killings.

Death penalty used only for capital crimes.

Death penalty purpose to quickly end life. “Mere extinguishment of life.”

Death Penalty in USA

Until 1967, death penalty used for murder, rape, theft.

Fuhrman v. Georgia (1972) put a moratorium on executions.

– Only to be used for capital crimes.

– No “capricious” use.

Methods of Execution in 2005

Lethal injection – 600 Electrocution – 151 Gas chamber – 11 Hanging – 5 Firing squad – 3

– *number executed since 1976.

States Methods

Lethal injection – 46 states

Electrocution – 1 state Gas Chamber – 5

states* Hanging – 2 states* Firing squad – 2 states*

– *Alternative methods of lethal injection.

Number of executions by state since 1976

Texas – 245 Virginia – 82 Florida – 51 Missouri – 49 Oklahoma – 40 Louisiana – 26 Nebraska - 3

2005 Statistics

60 executions– Texas 19– 5 each in Indiana, Missouri,

North Carolina– 4 each in Oklahoma,

Alabama and Ohio– 3 in Georgia and South

Carolina– 2 in California– 1 in Connecticut, Arkansas,

Delaware, Florida, Mississippi, Maryland

2005 Statistics

41 whites 19 blacks 1 woman

– All Lethal Injection

Interesting statistics on the US system

3,254 prisoners under sentence of death

66 fewer than at yearend 2004.

Prisoners By Race

1,805 were white   -- 1,372 were black   -- 31 were American Indian   -- 34 were Asian   -- 12 were of unknown race.

Death Row Statistics

Fifty-two women were under a sentence of death at yearend 2005.

The 362 Hispanic inmates under sentence of death at yearend 2005 accounted for 13% of inmates with a known ethnicity.

Death Row Statistics

Among inmates under sentence of death and with available criminal histories at yearend 2005:-- nearly 2 in 3 had a prior felony conviction-- 1 in 12 had a prior homicide conviction.

Death Row Statistics

the average age at time of arrest was 28;

1 in 9 inmates were age 19 or younger at the time of arrest.

At yearend 2005, the youngest inmate under sentence of death was 20; the oldest was 90.

International Statistics

During 2005, at least 2,148 people were executed in 22 countries and at least 5.186 people were sentenced to death in 53 countries. These were only minimum figures; the true figures were certainly higher.

In 2005, 94 per cent of all known executions took place in China, Iran, Saudi Arabia and the USA.

International Statistics

129 countries which have abolished the death penalty in law or practice.

68 other countries and territories retain and use the death penalty,

International Statistics

1,770 people were executed in China

although the true figures were believed to be much higher. A Chinese legal expert was recently quoted as stating the figure for executions is approximately 8,000 based on information from local officials and judges,

official national statistics on the application of the death penalty remained classified as a state secret

International Statistics

Iran executed at least 94 people

Saudi Arabia at least 86.

There were 60 executions in the USA

International Statistics

Beheading (in Saudi Arabia, Iraq)- Electrocution (in USA)- Hanging (in Egypt, Iran, Japan, Jordan, Pakistan, Singapore and other countries)- Lethal injection (in China, Guatemala, Philippines, Thailand, USA)- Shooting (in Belarus, China, Somalia, Taiwan, Uzbekistan, Viet Nam and other countries)- Stoning (in Afghanistan, Iran)

States that use lethal injection

Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nevada, Tennessee, N. Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, Wyoming, US Military

States that use Electrocution

Alabama, Arkansas, Florida, Georgia, Illinois, Kentucky, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Virginia

By 2003 - ONLY Nebraska uses the electric chair.

States that use hanging

Delaware, New Hampshire, Washington.

States that use firing squads

Idaho, Oklahoma, Utah

States that use lethal gas

Arizona, California, Maryland, Missouri, Wyoming.

Moratorium on executions until 1976

More than 600 death row inmates had their sentences changed between 1972 – 1976.

Mandatory death sentences ONLY with aggravating circumstances.