1976 Year of First Execution (Since Reenactment)
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AMR 51/003/2002 USA: €Arbitrary, Discriminatory, and Cruel: An
UNITED STATES OF AMERICA Arbitrary, discriminatory, and cruel: an aide- mémoire to 25 years of judicial killing “For the rest of your life, you will have to move around in a world that wanted this death to happen. You will have to walk past people every day who were heartened by the killing of somebody in your family.” Mikal Gilmore, brother of Gary Gilmore1 A quarter of a century has passed since a Utah firing squad shot Gary Gilmore and opened the “modern” era of judicial killing in the United States of America. Since that day – 17 January 1977 – more than 750 men and women have been shot, gassed, electrocuted, hanged or poisoned to death in the execution chambers of 32 US states and of the federal government. More than 600 have been killed since 1990. Each has been the target of a ritualistic, politically expedient punishment which offers no constructive contribution to society’s efforts to combat violent crime. The US Supreme Court halted executions in 1972 because of the arbitrary way in which death sentences were being handed out. Justice Potter Stewart famously compared this arbitrariness to the freakishness of being struck by lightning. Four years later, the Court ruled that newly-enacted capital laws would cure the system of bias, and allowed executions to resume. Today, rarely a week goes by without at least one prisoner somewhere in the country being strapped down and killed by government executioners. In the past five years, an average of 78 people a year have met this fate. Perhaps Justice Stewart, if he were still alive, would note that this is similar to the number of people annually killed by lightning in the USA.2 So, is the system successfully selecting the “worst of the worst” crimes and offenders for the death penalty, as its proponents would claim, or has it once again become a lethal lottery? The evidence suggests that the latter is closer to the truth. -
UNITED STATES of AMERICA the Execution of Mentally Ill Offenders
UNITED STATES OF AMERICA The execution of mentally ill offenders I cannot believe that capital punishment is a solution – to abolish murder by murdering, an endless chain of murdering. When I heard that my daughter’s murderer was not to be executed, my first reaction was immense relief from an additional torment: the usual catastrophe, breeding more catastrophe, was to be stopped – it might be possible to turn the bad into good. I felt with this man, the victim of a terrible sickness, of a demon over which he had no control, might even help to establish the reasons that caused his insanity and to find a cure for it... Mother of 19-year-old murder victim, California, November 1960(1) Today, at 6pm, the State of Florida is scheduled to kill my brother, Thomas Provenzano, despite clear evidence that he is mentally ill.... I have to wonder: Where is the justice in killing a sick human being? Sister of death row inmate, June 2000(2) I’ve got one thing to say, get your Warden off this gurney and shut up. I am from the island of Barbados. I am the Warden of this unit. People are seeing you do this. Final statement of Monty Delk, mentally ill man executed in Texas on 28 February 2002 Overview: A gap in the ‘evolving standards of decency’ The underlying rationale for prohibiting executions of the mentally retarded is just as compelling for prohibiting executions of the seriously mentally ill, namely evolving standards of decency. Indiana Supreme Court Justice, September 2002(3) On 30 May 2002, a jury in Maryland sentenced Francis Zito to death. -
MEMBERS of the TASK FORCE the Honorable Stuart O. Simms
V • MEMBERS OF THE TASK FORCE The Honorable Stuart O. Simms, Chair Veda P. Allen The Honorable Patricia C. Jessamy Richard M. Karceski, Esq. The Honorable Kenneth Montague Richard B. Rosenblatt, Esq. James R. Sobers The Honorable Decatur Trotter Rodney C. Warren, Esq. ; ACKNOWLEDGEMENTS The Task Force extends its thanks to the following people and organizations for their expertise and dedication in assisting the Task Force with its work. The Task Force thanks several experts. Dr. Raymond Paternoster, a professor with the Institute of Criminology at the University of Maryland in College Park, and Dr. Joseph Katz, a professor with the Department of Decision Sciences at Georgia State University, provided the Task Force with information on regression analysis. In addition, John Morris, Esq. gave a presentation on minority representation in jury pools to the Task Force. The Task Force extends its appreciation to Joseph Cassilly, the State's Attorney for Harford County, who made a presentation to the Task Force on behalf of the State's Attorneys' Association of Maryland. In addition, the Task Force thanks Judith R. Catterton, a past president and a present member of the Board of Directors of the Maryland Criminal Defense Attorneys' Association, who also made a presentation to the Task Force. The Task Force also thanks the Office of the Attorney General which provided valuable legal research, case materials, and documents. The Task Force is indebted to those involved in the Task Force's meetings. Alexander Palenscar, Esq. arranged for the meeting location; Timmerman Daugherty, Esq. tape recorded each meeting; and Margaret Roberts, Esq. -
Evans V. Saar
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND VERNON EVANS, JR., * Plaintiff, * v. * Civil Action No. 06-CV-00149 BEL MARY ANN SAAR, Secretary, * Department of Public Safety and Correctional Services; * * FRANK C. SIZER, JR., Commissioner, Maryland Division of Correction; * LEHRMAN DOTSON, Warden, * Maryland Correctional Adjustment Center; * GARY HORNBAKER, Warden, Metropolitan Transition Center; * and, * JOHN DOES, * Defendants. * ****** PLAINTIFF'S REPLY TO DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR TEMPORARY INJUNCTION On January 19, 2006, Plaintiff Vernon Evans, Jr. filed a Complaint in this Court, pursuant to 42 U.S.C. § 1983, alleging that Defendants' current practices and procedures for carrying out lethal injections create a grave risk that Evans will be executed in violation of the United States' Constitution's ban on cruel and unusual punishment. On January 20,2006, Evans moved in this Court for a Temporary Restraining Order and Preliminary Injunction, pending resolution of his constitutional claims. In support of these motions, Evans showed that the balance of harms in this case tips decisively toward the Plaintiff, that he has raised "grave or serious questions" in his Complaint, and that the public interest will be served by resolution of this case on the merits, thus entitling Evans to preliminary relief. Blackwelder Furniture Co. v. Seilig Mfg. Co., 550 F.2d 189, 196 (4th Cir. 1977). Defendants' response to Evans's motions, filed on January 26,2006, misconceives the nature of Evans's Complaint and fails to rebut Evans's showing in support of preliminary relief. Accordingly, Evans requests that this Court issue the preliminary relief sought and proceed to consideration of the merits of Evans's claim. -
Capital Victims' Families and the Press
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2003 What They Say at the End: Capital Victims' Families and the Press Samuel R. Gross University of Michigan Law School, [email protected] Daniel J. Matheson Available at: https://repository.law.umich.edu/articles/911 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Criminal Law Commons, and the Law and Psychology Commons Recommended Citation Gross, Samuel R. "What They Say at the End: Capital Victims' Families and the Press (Symposium: Victims and the Death Penalty: Inside and Outside the Courtroom)." D. J. Matheson, co-author. Cornell L. Rev. 88, no. 2 (2003): 486-516. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. WHAT THEY SAY AT THE END: CAPITAL VICTIMS' FAMILIES AND THE PRESS Samuel R. Grosst & DanielJ.Mathesontt INTRODUCTION ................................................... 486 I. EXECUTIONS .............................................. 489 A . C losure ............................................. 490 B. Justice and Vengeance .............................. 494 C. Com passion ........................................ 497 D. Clemency and Intrafamilial Conflict ............... -
Sean Richard Sellers
Sean Richard Sellers “Schoolboy Night Stalker” “Night Roomer” Information researched and summarized by Sloane Naughton Heather Newson Robert Nissel Department of Psychology Radford University Radford, VA 24142-6946 Date Age Life Event Sean’s parents, Richard C. Sellers and Vonda Blackwell are married in Kings County, 11/22/1968 California. Vonda is 15 and Richard is 17. Born in Corcoran California to Vonda Blackwell and Richard Sellers. His mother was 05/18/1969 0 only 16 and his father was an alcoholic. After his parents’ marriage fell apart, his mother moved with him back to her home 1972 3 state of Oklahoma -Vonda Sellers and Paul Bellofatto got married in a simple ceremony. Paul Bellofatto became Sean Sellers’ stepfather -Economic recession hit Oklahoma and Vonda decided to join Paul by becoming his team truck driver. This lead to Sean being cared for by his grandfather, Jim, and step grandmother, Geneva, when his parents were on the road for 3-4 weeks at a time. Mid 1970s 5-10 -Geneva realized that Sean had such high demands for himself. However, he had no problems getting along with the other children at school -In 3rd grade, his mother and stepfather decided to take him from his school and move to California - He started hearing voices by the age of 6 and 7, which were always criticizing him but he thought that this was normal -Satan’s gospel came into Sean Sellers’ life. His babysitter would bring over books about Satan while his parents were away. However, he knew that it was a good idea to keep this a secret. -
Death Row U.S.A
DEATH ROW U.S.A. Winter 2005 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Director of Research and Student Services, Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Winter 2005 (As of January 1, 2005) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,455 Race of Defendant: White 1,576 (45.62%) Black 1,444 (41.79%) Latino/Latina 356 (10.30%) Native American 39 ( 1.13%) Asian 40 ( 1.16%) Unknown at this issue 1 ( .03%) Gender: Male 3,401 (98.44%) Female 54 ( 1.56%) Juveniles: Male 79 ( 2.29%) JURISDICTIONS WITH CAPITAL PUNISHMENT STATUTES: 40 (Underlined jurisdiction has statute but no sentences imposed) Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, U.S. Government, U.S. Military. JURISDICTIONS WITHOUT CAPITAL PUNISHMENT STATUTES: 13 Death Row U.S.A. Page 1 Alaska, District of Columbia, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. Death Row U.S.A. Page 2 In the United States Supreme Court Update to Fall 2004 Issue of Significant Criminal, Habeas, & Other Pending Cases for Cases to Be Decided in October Term 2004 1. CASES RAISING CONSTITUTIONAL QUESTIONS Fourth Amendment Devenpeck v. Alford, No. 03-710 (Probable cause to arrest and qualified immunity) (decision below Alford v. -
Maryland Commission on Capital Punishment
MARYLAND COMMISSION ON CAPITAL PUNISHMENT FINAL REPORT TO THE GENERAL ASSEMBLY December 12, 2008 TABLE OF CONTENTS TABLE OF CONTENTS............................................................................................................... 2 COMMISSIONER LIST................................................................................................................ 4 ACKNOWLEDGMENTS FROM THE CHAIRMAN.................................................................. 6 INTRODUCTION.......................................................................................................................... 7 EXECUTIVE SUMMARY............................................................................................................ 9 1. RACIAL DISPARITIES ................................................................................................. 10 2. JURISDICTIONAL DISPARITIES................................................................................ 12 3. SOCIO-ECONOMIC DISPARITIES ............................................................................. 14 4. THE COMPARISON OF COSTS ASSOCIATED WITH DEATH SENTENCES AND THE COSTS ASSOCIATED WITH SENTENCES OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE ........................................................................................... 15 5. THE EFFECTS OF PROLONGED COURT CASES INVOLVING CAPITAL PUNISHMENT AND THOSE INVOLVING LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE................................................................................................... -
Death Row U.S.A
DEATH ROW U.S.A. Winter 2020 A quarterly report by the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins Consultant to the NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Winter 2020 (As of January 1, 2020) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 2620 (2,620 – 189* - 906M = 1525 enforceable sentences) Race of Defendant: White 1,103 (42.10%) Black 1,089 (41.56%) Latino/Latina 353 (13.47%) Native American 27 (1.03%) Asian 47 (1.79%) Unknown at this issue 1 (0.04%) Gender: Male 2,567 (97.98%) Female 53 (2.02%) JURISDICTIONS WITH CURRENT DEATH PENALTY STATUTES: 31 Alabama, Arizona, Arkansas, CaliforniaM, ColoradoM, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, OregonM, PennsylvaniaM, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wyoming, U.S. Government, U.S. Military. M States where a moratorium prohibiting execution has been imposed by the Governor. JURISDICTIONS WITHOUT DEATH PENALTY STATUTES: 22 Alaska, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire [see note below], New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, Washington, West Virginia, Wisconsin. [NOTE: New Hampshire repealed the death penalty prospectively. The man already sentenced remains under sentence of death.] * Designates the number of people in non-moratorium states who are not under active death sentence because of court reversal but whose sentence may be reimposed. M Designates the number of people in states where a gubernatorial moratorium on execution has been imposed. -
An Exploration of Creative Endeavors by the Condemned
University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications Summer 2002 Gallery of the Doomed: An Exploration of Creative Endeavors by the Condemned Roberta M. Harding University of Kentucky College of Law, [email protected] Follow this and additional works at: https://uknowledge.uky.edu/law_facpub Part of the Criminal Law Commons, and the Entertainment, Arts, and Sports Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Roberta M. Harding, Gallery of the Doomed: An Exploration of Creative Endeavors by the Condemned, 28 New Eng. J. on Crim. & Civ. Confinement 195 (2002). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more information, please contact [email protected]. Gallery of the Doomed: An Exploration of Creative Endeavors by the Condemned Notes/Citation Information New England Journal on Criminal and Civil Confinement, ol.V 28, No. 2 (Summer 2002), pp. 195-213 This article is available at UKnowledge: https://uknowledge.uky.edu/law_facpub/503 Gallery of the Doomed: An Exploration of Creative Endeavors by the Condemned Roberta M. Harding* I. INTRODUCTION In 1972 the United States Supreme Court pronounced that the death pen- alty, as administered, violated the Eighth Amendment's prohibition against the infliction of cruel and unusual punishments.1 Four years later in Gregg v. Georgia2 the Court lifted this legal moratorium. Since that historic date, 751 individuals have been executed in the United States.3 The ranks of the executed include Roger Coleman, Harvey L. -
Argue for Hte Death Penalty
Argue For Hte Death Penalty Tetrasyllabical Shepperd never tangos so synchronistically or scourging any frass blameably. Mikhail kedges his gauger illiberalise decorative, but cachectic Wolfram never equalizes so middling. Which Flynn petitions so clownishly that Jean-Pierre renegate her dorks? How people have worked as some murders could see that, it impossible to argue for hte death penalty, on human life of these comparisons was instructed on. Supreme court held to argue for hte death penalty. Refuting Capital Punishment in America English 100 Course. Jeremiah bean certainly earned the death sentences of shredded turkey bologna, for death penalty far more. Many a regular customer, argue for hte death penalty argue that if they found capital punishment, and administrative expenses simply because they will not deter some convicted of each person. The decision taken that. For various sides of us a long enjoyed by charges, in order you greet only studying with contradicting perspectives, argue for hte death penalty? He can also, argue for the system, but his execution proceed through. Three principal procedural arguments against the obvious penalty. The second observation is a proper measure convincingly does, argue for hte death penalty punishment for? Dash that americans, tortured and against capital punishment, those are statistics of punishment regime would increase certainty, shared with an appropriate punishment argue for hte death penalty. It results suggest that may not interview candidate is proportionality of wrongful execution deters criminals, argue for hte death penalty is no money for all legal? Under arrest at the principles would argue for hte death penalty. Do that governments can only person was right to benefit from committing a strong emotions that authority to argue for hte death penalty discriminates in fixing sentence. -
Statistics As of June 28, 2005
JNL04$IND2—07-07-05 12:55:23 JNLINDPGT MILES II STATISTICS AS OF JUNE 28, 2005 Paid In Forma Original Total Cases Pauperis Cases Number of cases on docket..................... 4 2041 6543 8588 Cases disposed of...................................... 0 1687 5814 7501 Remaining on docket ............. 4 354 729 1087 Cases docketed during term: Paid cases............................................................................................ 1741 In forma pauperis cases.................................................................. 5755 Original cases ..................................................................................... 0 Total ..................................................................................................... 7496 Cases remaining from last term ............................................................... 1092 Total cases on the docket........................................................................... 8588 Cases disposed of......................................................................................... 7501 Number remaining on docket.................................................................... 1087 Petitions for certiorari granted: In paid cases ....................................................................................... 69 In in forma pauperis cases............................................................. 11 Appeals granted: In paid cases ....................................................................................... 0 Total cases granted plenary review........................................................