Capital Punishment Chronology
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IN the SUPREME COURT of TENNESSEE at NASHVILLE February 3, 2005 Session
IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE February 3, 2005 Session STATE OF TENNESSEE v. PAUL DENNIS REID, JR. Automatic Appeal from the Court of Criminal Appeals Circuit Court for Montgomery County No. 38887 John H. Gasaway, III, Judge No. M2001-02753-SC-DDT-DD - Filed May 24, 2005 The defendant, Paul Dennis Reid, Jr., was convicted of two counts of premeditated first degree murder, two counts of especially aggravated kidnapping, and one count of especially aggravated robbery. In imposing a death sentence for each count of first degree murder, the jury found three aggravating circumstances, i.e., that the defendant was previously convicted of one or more felonies whose statutory elements involved the use of violence to the person, that the murders were especially heinous, atrocious or cruel in that they involved torture or serious physical abuse beyond that necessary to produce death, and that the murders were committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another, had been proven beyond a reasonable doubt. Tenn. Code Ann. § 39-13-204(i)(2), (5), (6) (2003). In addition, the jury found that the evidence of aggravating circumstances outweighed evidence of mitigating circumstances beyond a reasonable doubt. Tenn. Code Ann. § 39-13-204(c) (2003). The Court of Criminal Appeals affirmed the convictions and the death sentences. After the case was docketed in this Court, we entered an order identifying numerous issues for oral argument. We now hold as follows: 1) -
IN the COURT of CRIMINAL APPEALS of TENNESSEE at NASHVILLE October 14, 2003 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE October 14, 2003 Session STATE OF TENNESSEE v. PAUL DENNIS REID, JR. Direct Appeal from the Circuit Court for Montgomery County No. 38887 John H. Gasaway, III, Judge No. M2001-02753-CCA-R3-DD - Filed December 29, 2003 The appellant, Paul Dennis Reid, Jr., was found guilty by a jury of two counts of premeditated murder, two counts of felony murder, two counts of especially aggravated kidnapping, and one count of especially aggravated robbery. The felony murder convictions were merged into the premeditated murder convictions. Thereafter, the jury sentenced the appellant to death based upon the existence of three aggravating circumstances: the appellant had previously been convicted of one or more felonies, other than the present charge, the statutory elements of which involve the use of violence to the person; the murders were committed for the purpose of avoiding, interfering with or preventing a lawful arrest or prosecution of defendant or another; and the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death. The trial court sentenced the defendant as a violent offender to twenty-five years imprisonment for especially aggravated robbery and especially aggravated kidnapping, to run consecutively to his sentences for first degree murder and to a prior out-of-state sentence. On appeal, appellant presents forty-five issues. After an extensive review of the record and the applicable law, we find that none of these issues warrants a reversal of this case. Therefore, the judgments of the trial court are AFFIRMED. -
Individual Liberty and the Common Good - the Balance: Prayer, Capital Punishment, Abortion
The Catholic Lawyer Volume 20 Number 3 Volume 20, Summer 1974, Number 3 Article 5 Individual Liberty and the Common Good - The Balance: Prayer, Capital Punishment, Abortion Brendan F. Brown Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Constitutional Law Commons This Pax Romana Congress Papers is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. INDIVIDUAL LIBERTY AND THE COMMON GOOD-THE BALANCE: PRAYER, CAPITAL PUNISHMENT, ABORTION BRENDAN F. BROWN* In striking the balance between individual freedom and the common good of society, judges are relying "on ideology or policy preference more than on legislative intent."' Professor Jude P. Dougherty, President-elect of the American Catholic Philosophical Association, has declared that "this is particulary apparent in actions of the United States Supreme Court where the envisaged effects of a decision are often given more weight than the intentions of the framers of the Constitution or of the legislators who passed the law under consideration."' The dominant trend of the United States judiciary is to begin its reasoning with "liberty" or "free- dom" as the ultimate moral value in the Franco-American sense of maxi- mum individual self-assertion, and then to maximize it. It will be the purpose of this paper to show that "liberty" or "freedom" is only an instrumental moral value, and that by treating it otherwise, the courts are damaging the common good of society. -
Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment Matthew E
University of Baltimore Law Review Volume 37 Article 6 Issue 1 Fall 2007 2007 Comments: The rC ime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment Matthew E. Feinberg University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Feinberg, Matthew E. (2007) "Comments: The rC ime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment," University of Baltimore Law Review: Vol. 37: Iss. 1, Article 6. Available at: http://scholarworks.law.ubalt.edu/ublr/vol37/iss1/6 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. THE CRIME, THE CASE, THE KILLER COCKTAIL: WHY MARYLAND'S CAPITAL PUNISHMENT PROCEDURE CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT I. INTRODUCTION "[D]eath is different ...." I It is this principle that establishes the death penalty as one of the most controversial topics in legal history, even when implemented only for the most heinous criminal acts. 2 In fact, "[n]o aspect of modern penal law is subjected to more efforts to influence public attitudes or to more intense litigation than the death penalty.,,3 Over its long history, capital punishment has changed in many ways as a result of this litigation and continues to spark controversy at the very mention of its existence. -
The Culture of Capital Punishment in Japan David T
MIGRATION,PALGRAVE ADVANCES IN CRIMINOLOGY DIASPORASAND CRIMINAL AND JUSTICE CITIZENSHIP IN ASIA The Culture of Capital Punishment in Japan David T. Johnson Palgrave Advances in Criminology and Criminal Justice in Asia Series Editors Bill Hebenton Criminology & Criminal Justice University of Manchester Manchester, UK Susyan Jou School of Criminology National Taipei University Taipei, Taiwan Lennon Y.C. Chang School of Social Sciences Monash University Melbourne, Australia This bold and innovative series provides a much needed intellectual space for global scholars to showcase criminological scholarship in and on Asia. Refecting upon the broad variety of methodological traditions in Asia, the series aims to create a greater multi-directional, cross-national under- standing between Eastern and Western scholars and enhance the feld of comparative criminology. The series welcomes contributions across all aspects of criminology and criminal justice as well as interdisciplinary studies in sociology, law, crime science and psychology, which cover the wider Asia region including China, Hong Kong, India, Japan, Korea, Macao, Malaysia, Pakistan, Singapore, Taiwan, Thailand and Vietnam. More information about this series at http://www.palgrave.com/gp/series/14719 David T. Johnson The Culture of Capital Punishment in Japan David T. Johnson University of Hawaii at Mānoa Honolulu, HI, USA Palgrave Advances in Criminology and Criminal Justice in Asia ISBN 978-3-030-32085-0 ISBN 978-3-030-32086-7 (eBook) https://doi.org/10.1007/978-3-030-32086-7 This title was frst published in Japanese by Iwanami Shinsho, 2019 as “アメリカ人のみた日本 の死刑”. [Amerikajin no Mita Nihon no Shikei] © The Editor(s) (if applicable) and The Author(s) 2020. -
HURST V. FLORIDA
(Slip Opinion) OCTOBER TERM, 2015 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus HURST v. FLORIDA CERTIORARI TO THE SUPREME COURT OF FLORIDA No. 14–7505. Argued October 13, 2015—Decided January 12, 2016 Under Florida law, the maximum sentence a capital felon may receive on the basis of a conviction alone is life imprisonment. He may be sentenced to death, but only if an additional sentencing proceeding “results in findings by the court that such person shall be punished by death.” Fla. Stat. §775.082(1). In that proceeding, the sentencing judge first conducts an evidentiary hearing before a jury. §921.141(1). Next, the jury, by majority vote, renders an “advisory sentence.” §921.141(2). Notwithstanding that recommendation, the court must independently find and weigh the aggravating and miti- gating circumstances before entering a sentence of life or death. §921.141(3). A Florida jury convicted petitioner Timothy Hurst of first-degree murder for killing a co-worker and recommended the death penalty. The court sentenced Hurst to death, but he was granted a new sen- tencing hearing on appeal. At resentencing, the jury again recom- mended death, and the judge again found the facts necessary to sen- tence Hurst to death. -
Prison Conditions, Capital Punishment, and Deterrence
Prison Conditions, Capital Punishment, and Deterrence Lawrence Katz, Harvard University and National Bureau of Economic Research, Steven D. Levitt, University of Chicago and American Bar Foundation, and Ellen Shustorovich, City University of New York Previous research has attempted to identify a deterrent effect of capital punishment. We argue that the quality of life in prison is likely to have a greater impact on criminal behavior than the death penalty. Using state-level panel data covering the period 1950±90, we demonstrate that the death rate among prisoners (the best available proxy for prison conditions) is negatively correlated with crime rates, consistent with deterrence. This finding is shown to be quite robust. In contrast, there is little systematic evidence that the execution rate influences crime rates in this time period. 1. Introduction For more than two decades the deterrent effect of capital punishment has been the subject of spirited academic debate. Following Ehrlich (1975), a number of studies have found evidence supporting a deterrent effect of the death penalty (Cloninger, 1977; Deadman and Pyle, 1989; Ehrlich, 1977; Ehrlich and Liu, 1999; Layson, 1985; Mocan and Gittings, 2001). A far larger set of studies have failed to ®nd deterrent effects of capital punishment (e.g., Avio, 1979, 1988; Bailey, 1982; Cheatwood, 1993; Forst, Filatov, and Klein, 1978; Grogger, 1990; Leamer, 1983; Passell and Taylor, 1977).1 Although only one small piece of the broader literature on the issue of We would like to thank Austan Goolsbee for comments and criticisms. The National Science Foundation provided ®nancial support. Send correspondence to: Steven Levitt, Department of Economics, University of Chicago, 1126 E. -
Death Row U.S.A
DEATH ROW U.S.A. Fall 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. Fall 2020 (As of October 1, 2020) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 2553 (2553 – 180* - 877M = 1496 enforceable sentences) Race of Defendant: White 1,076 (42.15%) Black 1,062 (41.60%) Latino/Latina 343 (13.44%) Native American 24 (0.94%) Asian 47 (1.84%) Unknown at this issue 1 (0.04%) Gender: Male 2,502 (98.00%) Female 51 (2.00%) JURISDICTIONS WITH CURRENT DEATH PENALTY STATUTES: 30 Alabama, Arizona, Arkansas, CaliforniaM, 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: 23 Alaska, Colorado, 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. -
PAUL DENNIS REID, JR. Petitio
October Term, 2002 ______________________________________________________________________________ PAUL DENNIS REID, JR. Petitioner, v. STATE OF TENNESSEE, Respondent. ______________________________________________________________________________ PETITION FOR WRIT OF CERTIORARI ______________________________________________________________________________ Petitioner respectfully petitions for a writ of certiorari to review the judgment of the Tennessee Supreme Court. CITATIONS TO OPINIONS The opinions delivered in this case by other courts are (1) State v. Reid, 91 S.W.3d 247 (Tenn. 2002), attached as Appendix (“App.”) A; and (2) State v. Reid, No. M1999-00803-CCA- R3-DD (Tenn. Crim. App. 2001), attached as App. B. JURISDICTIONAL BASIS On November 26, 2002, the Tennessee Supreme Court filed its opinion in State v. Reid, 91 S.W.3d 247 (Tenn. 2002). On December 19, 2001, the Tennessee Supreme Court denied Petitioner’s timely filed rehearing petition. On March 6, 2003, counsel for Petitioner filed an Application for Extension of Time to file this petition. On March 12, 2003, Justice Stevens extended the time for filing this petition to and including April 18, 2003. Because Petitioner has timely filed this petition, this Court has jurisdiction to consider same. See 28 U.S.C. § 1257(a); Supreme Court Rule 13.3 CONSTITUTIONAL PROVISIONS INVOLVED This petition involves the following constitutional provisions: The Eighth Amendment to the United States Constitution, which provides that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Fourteenth Amendment to the United States Constitution, which provides that “[No] State [shall] deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” STATEMENT OF THE CASE On Sunday morning, February 16, 1997, the bodies of two workers at a Captain D’s Restaurant were discovered in the restaurant. -
Max Soffar's Last Appeal
Grits for Breakfast: Max Soffar’s Last Appeal 8/21/14 3:30 PM 1 More Next Blog» Create Blog Sign In GRITS FOR BREAKFAST WELCOME TO TEXAS JUSTICE: YOU MIGHT BEAT THE RAP, BUT YOU WON'T BEAT THE RIDE. TUESDAY, AUGUST 19, 2014 SOUTHERN, DAILY AND GOOD FOR YOU Max Soffar’s Last Appeal Michael Berryhill chairs the journalism department at Texas Southern University. He asked Grits to publish this extended guest post by him on the Max Soffar capital murder case, which also inspired this recent Dallas Morning News editorial. Soffar, who for decades has maintained his innocence and may GRITSFORBREAKFAST AUSTIN, TEXAS have falsely confessed, is terminally ill and likely will not survive until his execution. While on paper he has many years' worth of appeals left before the Grits for Breakfast looks at state can kill him, as a practical matter he probably has just a few months the Texas criminal justice remaining to prove his innocence before death overtakes him. system, with a little politics and whatever else suits the Mr. Berryhill is also the author of The Trials of Eroy Brown, the Murder Case author's fancy thrown in. All opinions are my own. that Shook the Texas Prison System, published by the University of Texas Press. The facts belong to Here's his article in full, with only minor copyediting by yours truly. everybody. Who is this guy? * * * VIEW MY COMPLETE PROFILE On the last Wednesday of July, a death row convict named Max Soffar gave what may well be his last news interview. -
Chapter 13 Capital Punishment
The State of Criminal Justice 2021 183 CHAPTER 13 CAPITAL PUNISHMENT Ronald J. Tabak I. DRAMATIC DEVELOPMENTS THAT COULD LEAD TO FUNDAMENTAL CHANGE IN THE DEATH PENALTY’S FUTURE IN THE UNITED STATES A. Overview of the Status Quo Ante (i.e., when last year’s chapter was finalized) Public support for the death penalty had declined to its lowest level in decades, and for the first time, when Gallup asked whether the public preferred capital punishment or life without parole (LWOP), LWOP was selected by a significant majority. • Continuing a trend that began in the early years of this century, another state – Colorado – abolished the death penalty in 2020 – as New York, New Jersey, New Mexico, Connecticut, Maryland, Delaware, Washington, and New Hampshire had done beginning in 2003. Two additional states – California and Ohio – began moratoriums on executions – in California, doing so directly and Ohio, doing so through the Governor’s refusal (due to concerns over lethal injection) to authorize any executions. Existing moratoriums continued in two other states. And despite pronouncements that it had figured out how to conduct safe lethal injections, Oklahoma continued not to execute anyone. • The number of new death sentences and the number of executions continued to be at levels much lower than in the first two decades after executions resumed in 1976. The executions and new death sentences involved a much lower number of states and jurisdictions within states than in the earlier decades. • This trend accelerated further when district attorneys who sought and secured death penalties far more than their counterparts elsewhere (even in their own states) were defeated for re-election or were otherwise replaced by more moderate district attorneys. -
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.