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LETHAL INJECTION: the Medical Technology of Execution
LETHAL INJECTION: The medical technology of execution Introduction From hanging to electric chair to lethal injection: how much prettier can you make it? Yet the prettier it becomes, the uglier it is.1 In 1997, China became the first country outside the USA to carry out a judicial execution by lethal injection. Three other countriesGuatemala, Philippines and Taiwancurrently provide for execution by lethal injection but have not yet executed anyone by that method2. The introduction of lethal injection in the USA in 1977 provoked a debate in the medical profession and strong opposition to a medical role in such executions. To 30 September 1997, 268 individuals have been executed by lethal injection in the USA since the first such execution in December 1982 (see appendix 2). Reports of lethal injection executions in China, where the method was introduced in 1997, are sketchy but early indications are that there is a potential for massive use of this form of execution. In 1996, Amnesty International recorded more than 4,300 executions by shooting in China. At least 24 lethal injection executions were reported in the Chinese press in 1997 and this can be presumed to be a minimum (and growing) figure since executions are not automatically reported in the Chinese media. Lethal injection executions depend on medical drugs and procedures and the potential of this kind of execution to involve medical professionals in unethical behaviour, including direct involvement in killing, is clear. Because of this, there has been a long-standing campaign by some individual health professionals and some professional bodies to prohibit medical participation in lethal injection executions. -
Opinion 06-70026
United States Court of Appeals Fifth Circuit FILED REVISED JUNE 26, 2006 June 20, 2006 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk No. 06-70026 LAMONT REESE, Plaintiff-Appellant, versus BRAD LIVINGSTON; NATHANIEL QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division; CHARLES O’REILLY, Senior Warden, Huntsville Unit, Huntsville, Texas; UNKNOWN EXECUTIONERS, Defendants-Appellees. Appeal from the United States District Court For the Northern District of Texas Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges. PATRICK E. HIGGINBOTHAM, Circuit Judge: Proceeding under 42 U.S.C. § 1983, Lamont Reese seeks a stay of his execution scheduled for June 20, 2006. He attacks the method of execution by injection as administered in Texas as cruel and unusual punishment under the Eighth Amendment. The suit does not challenge the conviction or sentence of death. I On December 8, 2000, following his conviction for capital murder in the 371st Judicial District Court of Tarrant County, Texas, Reese was sentenced to death. The Texas Court of Criminal Appeals affirmed his judgment and sentence. Reese v. State, No. 23,989 (Tex. Crim. App. Nov. 6, 2002), cert. denied, Reese v. State, 123 S. Ct. 2581 (2003). Reese filed a state petition for habeas corpus on July 16, 2002, and a supplemental application on January 31, 2003. The Texas Court of Criminal Appeals denied the petition. Ex Parte Reese, Nos. 55,443-01 and 55,443-02 (Tex. Crim. App. Apr. 30, 2003). Turning to the federal courts, Reese’s application for COA was denied by this Court on May 4, 2004. -
Lethal Injection and the Right of Access: the Intersection of the Eighth and First Amendments
San Jose State University SJSU ScholarWorks Faculty Publications, School of Management School of Management 1-1-2014 Lethal Injection and the Right of Access: The Intersection of the Eighth and First Amendments Timothy F. Brown [email protected] Follow this and additional works at: https://scholarworks.sjsu.edu/org_mgmt_pub Part of the Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, First Amendment Commons, and the Law Enforcement and Corrections Commons Recommended Citation Timothy F. Brown. "Lethal Injection and the Right of Access: The Intersection of the Eighth and First Amendments" ExpressO (2014). This Unpublished Paper is brought to you for free and open access by the School of Management at SJSU ScholarWorks. It has been accepted for inclusion in Faculty Publications, School of Management by an authorized administrator of SJSU ScholarWorks. For more information, please contact [email protected]. Lethal Injection and the Right of Access: The Intersection of the Eighth and First Amendments By: Timothy F. Brown Introduction The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates the potential for unconstitutional execution. -
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. -
Read Our Full Report, Death in Florida, Now
USA DEATH IN FLORIDA GOVERNOR REMOVES PROSECUTOR FOR NOT SEEKING DEATH SENTENCES; FIRST EXECUTION IN 18 MONTHS LOOMS Amnesty International Publications First published on 21 August 2017 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2017 Index: AMR 51/6736/2017 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 3 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations Table of Contents Summary ..................................................................................................................... 1 ‘Bold, positive change’ not allowed ................................................................................ -
The Seduction of Innocence: the Attraction and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy
Journal of Criminal Law and Criminology Volume 95 Article 7 Issue 2 Winter Winter 2005 The educS tion of Innocence: The Attraction and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy Carol S. Steiker Jordan M. Steiker Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Carol S. Steiker, Jordan M. Steiker, The eS duction of Innocence: The ttrA action and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy, 95 J. Crim. L. & Criminology 587 (2004-2005) This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-41 69/05/9502-0587 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 95, No. 2 Copyright 0 2005 by Northwestern University, School of Law Printed in US.A. THE SEDUCTION OF INNOCENCE: THE ATTRACTION AND LIMITATIONS OF THE FOCUS ON INNOCENCE IN CAPITAL PUNISHMENT LAW AND ADVOCACY CAROL S. STEIKER"& JORDAN M. STEIKER** INTRODUCTION Over the past five years we have seen an unprecedented swell of debate at all levels of public life regarding the American death penalty. Much of the debate centers on the crisis of confidence engendered by the high-profile release of a significant number of wrongly convicted inmates from the nation's death rows. Advocates for reform or abolition of capital punishment have seized upon this issue to promote various public policy initiatives to address the crisis, including proposals for more complete DNA collection and testing, procedural reforms in capital cases, substantive limits on the use of capital punishment, suspension of executions, and outright abolition. -
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. -
JACKIE BLACK: LAST MEAL August 7, 2020–January 31, 2021
JACKIE BLACK: LAST MEAL August 7, 2020–January 31, 2021 All works: Jackie Black (American, born 1958) Last Meal (series), 2001–2003 Archival pigment on paper 12 x 12 inches Parrish Art Museum, Water Mill, N.Y., Museum purchase with funds provided by the Bessemer Trust, 2016.33(a-x) 1. Thomas Andy Barefoot Executed: October 30, 1984 Education: Not listed Occupation: Oil field roughneck Last Statement: ”I hope that one day we can look back on the evil that we’re doing right now like the witches we burned at the stake. I want everybody to know that I hold nothing against them. I forgive them all. I hope everybody I’ve done anything to will forgive me. I’ve been praying all day for (the victim’s) wife to drive the bitterness from her heart because that bitterness that’s in her heart will send her to Hell just as surely as any other sin. I’m sorry for everything I’ve ever done to anybody. I hope they’ll forgive me. .” 2. Charles Frances Rumbaugh Executed: September 11, 1985 No background information given Last Statement: “. About all I can say is goodbye, and for all the rest of you, although you don’t forgive me for my transgressions, I forgive yours against me. I am ready to begin my journey. .” 3. Charles William Bass Executed: March 12, 1986 No background information given Last Statement: “I deserve this. Tell everyone I said goodbye.” 4. Jeffrey Allen Barney Executed: April 16, 1986 No background information given Last Statement: “. .I am sorry for what I’ve done. -
JPP 22-1 to Printers
RESPONSE A Few Words on the Last Words of Condemned Prisoners Robert Johnson ast words are the existential centerpiece of executions. The prisoner, Lby his last words, gives meaning to the execution as the culmination of his life (see Johnson et al., 2013). His life has come to this place, the death house, a remarkable fact about which remarks are warranted. Whether eloquent or inarticulate, terse or rambling, the prisoner’s last words are the last word about his life. Even saying nothing is saying something in this context, communicating that the person at this fateful juncture of his life is rendered speechless by the enormity of the violence that awaits him, made mute by the unspeakable cruelty of the killing process. I do not use the words enormity and unspeakable here without cause. In the execution chamber, a healthy person, often young and fully under the control of the authorities, is put to death by an execution team that works from a rigid script, captive to rote, unfeeling procedure (see Johnson, 1998). The execution team performs in front of an audience of people – for the most part, offcial witnesses and correctional offcials –who look on and do nothing, say nothing. They watch the prisoner die, then fle out and go home, carrying the scent of the death house with them out into the free world. That scent, which my feld research on the execution process led me to describe in a poem as “a / devil’s brew of / mildew, fesh, and / fear”, has a way of lingering in the sense memories of those touched by executions (Johnson, 2010, p. -
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.