Death Row U.S.A
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Fictional Documentaries and Truthful Fictions: the Death Penalty in Recent American Film
FICTIONAL DOCUMENTARIES AND TRUTHFUL FICTIONS: THE DEATH PENALTY IN RECENT AMERICAN FILM David R. Dow* When it comes to death, most Hollywood movies cheat. They cheat by tinkering with the truth, because the truth as it ac tually is is too complex or too disturbing to confront honestly. (The so-called happy ending is the most famous form of such cheating.) They cheat because people generally prefer happi ness and simplicity to darkness and complexity, especially where their entertainment is concerned, and filmmakers tend to give people what they want. Even great movies cheat. For example, last year's Oscar winner for best picture, American Beauty, cheats egregiously. The movie (for the one or two of you who have not seen it) deals with modern times: It is about suburbia, men and women who mindlessly pursue meaningless careers, bigotry, and finally, hope and redemption. In the end, the character played by Kevin Spacey is murdered. This is not a surprise ending because the Spacey character narrates the movie in a voice-over, and he tells us as the movie opens that in less than a year he will no longer be alive. We know at the beginning that 110 minutes later Kevin Spacey's character will be dead. Spacey plays a morally ambiguous character. He is in the midst of a full-blown mid-life crisis. He is a lousy husband and a worse father. For virtually the entire length of the film, he lusts after his daughter's high school classmate. In the end, however, he gently rebuffs a neighbor's homosexual advance and-again * George Butler Research Professor of Law, University of Houston Law Center. -
Death Row U.S.A
DEATH ROW U.S.A. Summer 2017 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Consultant to the Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Summer 2017 (As of July 1, 2017) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 2,817 Race of Defendant: White 1,196 (42.46%) Black 1,168 (41.46%) Latino/Latina 373 (13.24%) Native American 26 (0.92%) Asian 53 (1.88%) Unknown at this issue 1 (0.04%) Gender: Male 2,764 (98.12%) Female 53 (1.88%) JURISDICTIONS WITH CURRENT DEATH PENALTY STATUTES: 33 Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, U.S. Government, U.S. Military. JURISDICTIONS WITHOUT DEATH PENALTY STATUTES: 20 Alaska, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico [see note below], New York, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. [NOTE: New Mexico repealed the death penalty prospectively. The men already sentenced remain under sentence of death.] Death Row U.S.A. Page 1 In the United States Supreme Court Update to Spring 2017 Issue of Significant Criminal, Habeas, & Other Pending Cases for Cases to Be Decided in October Term 2016 or 2017 1. CASES RAISING CONSTITUTIONAL QUESTIONS First Amendment Packingham v. North Carolina, No. 15-1194 (Use of websites by sex offender) (decision below 777 S.E.2d 738 (N.C. -
Crime & Justice
CRIME & JUSTICE Abolishing the Death Penalty This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of IPS and can under no circumstances be regarded as reflecting the position of the European Union. 4 IMPRINT © Inter Press Service (IPS) International Association Publisher: IPS-Inter Press Service Europa gGmbH European Regional Office Marienstr. 19/20 D-10117 Berlin Coordinator: Ramesh Jaura Editor: Petar Hadji-Ristic Layout: Birgit Weisenburger, Berlin Photos: Diverse sources duly acknowledged inside Printed in Germany, November 2007 5 CONTENTS PREFACE 6 MARIO LUBETKIN, IPS DIRECTOR-GENERAL HELP STOP CYCLE OF REVENGE 7 ARCHBISHOP DESMOND TUTU EUROPE & CENTRAL ASIA 9 AFRICA 35 MIDEAST & MEDITERRANEAN 61 ASIA - PACIFIC 93 LATIN AMERICA & THE CARIBBEAN 147 U.N. & USA 169 6 Mario Lubetkin Preface Rome - It was a historic year. In 2007 the tide of opinion against The reports are immensely varied. They range from NGO websites and copied into diverse human rights blogs. the death penalty gathered in strength as never before, sweeping dispatches from Central Asia to one on the bunged lethal The reports represent a part of IPS coverage on the death to every corner of the world. The number of abolitionist coun- injection execution in Florida that dragged out for minutes - penalty. News stories for the general IPS service have not tries rose. The number of executions declined. Long in place 34 excruciatingly painful ones - not seconds. As a follow-up been included. moratoriums held and new ones came into force. And as the year to this, an IPS correspondent reports on the U.S. -
Give Me Dignity by Giving Me Death": Using Balancing to Uphold Death Row Volunteers' Dignity Interests Amidst Executive Clemency
"GIVE ME DIGNITY BY GIVING ME DEATH": USING BALANCING TO UPHOLD DEATH ROW VOLUNTEERS' DIGNITY INTERESTS AMIDST EXECUTIVE CLEMENCY NICOLE F. DAILO ABSTRACT Oregon death row inmate Gary Haugen recently became the first criminal defendant to challenge a state governor's exercise of the executive clemency power. By suing to expedite his impending execution amidst Governor John Kitzhaber's decision to temporarily suspend the death penalty in Oregon, Haugen raised significant questions about the scope of a governor's clemency power and the dignity interests implicated when death row inmates "volunteer" to die by foregoing further appeals of their cases. This Note proposes adoption of a balancing test to evaluate governors' grants of clemency, arguing that state courts should uphold a death row inmate's decision to "volunteer" for execution if the grant of clemency does not align with traditional clemency objectives recognized by the U.S. Supreme Court. This Note also suggests additional measures states can take to better protect and advance death row inmates' dignity interests. * Class of 2014, University of Southern California Gould School of Law; B.A. Communication 2011, University of Southern California. I would like to thank Professor Elizabeth Henneke for her insightful suggestions and guidance as well as the Southern California Review of Law and Social Justice for its invaluable editing and advice on this Note. I would also like to thank my wonderful friends and family, especially Rod and Christie Dailo, for their unwavering love and support. 249 250 REVIEW OFLA WAND SOCIAL JUSTICE [Vol.23:2 TABLE OF CONTENTS I. INTRODUCTION ............................ ........ 250 II. -
Episode Fourteen: Legal Process Hello, and Welcome to the Death
Episode Fourteen: Legal Process Hello, and welcome to the Death Penalty Information Center’s podcast exploring issues related to capital punishment. In this edition, we will discuss the legal process in death penalty trials and appeals. How is a death penalty trial different from other trials? There are several differences between death penalty trials and traditional criminal proceedings. In most criminal cases, there is a single trial in which the jury determines whether the defendant is guilty or not guilty. If the jury returns a verdict of guilty, the judge then determines the sentence. However, death penalty cases are divided into two separate trials. In the first trial, juries weigh the evidence of the crime to determine guilt or innocence. If the jury decides that the defendant is guilty, there is a second trial to determine the sentence. At the sentencing phase of the trial, jurors usually have only two options: life in prison without the possibility of parole, or a death sentence. During this sentencing trial, juries are asked to weigh aggravating factors presented by the prosecution against mitigating factors presented by the defense. How is a jury chosen for a death penalty trial? Like all criminal cases, the jury in a death penalty trial is chosen from a pool of potential jurors through a process called voir dire. The legal counsel for both the prosecution and defense have an opportunity to submit questions to determine any possible bias in the case. However, because the jury determines the sentence in capital trials, those juries must also be “death qualified,” that is, able to impose the death penalty in at least some cases. -
Evolving Standards, Botched Executions and Utah's Controversial Use of the Firing Squad Christopher Q
Cleveland State University EngagedScholarship@CSU Cleveland State Law Review Law Journals 2003 Nothing Less than the Dignity of Man: Evolving Standards, Botched Executions and Utah's Controversial Use of the Firing Squad Christopher Q. Cutler Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Criminal Law Commons, and the Criminal Procedure Commons How does access to this work benefit oy u? Let us know! Recommended Citation Christopher Q. Culter, Nothing Less than the Dignity of Man: Evolving Standards, Botched Executions and Utah's Controversial Use of the Firing Squad, 50 Clev. St. L. Rev. 335 (2002-2003) This Article is brought to you for free and open access by the Law Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. NOTHING LESS THAN THE DIGNITY OF MAN: EVOLVING STANDARDS, BOTCHED EXECUTIONS AND UTAH’S CONTROVERSIAL USE OF THE FIRING SQUAD CHRISTOPHER Q. CUTLER1 Human justice is sadly lacking in consolation; it can only shed blood for blood. But we mustn’t ask that it do more than it can.2 I. INTRODUCTION .................................................................... 336 II. HISTORICAL USE OF UTAH’S FIRING SQUAD........................ 338 A. The Firing Squad from Wilderness to Statehood ................................................................. 339 B. From Statehood to Furman ......................................... 347 1. Gary Gilmore to the Present Death Row Crowd ................................................ 357 2. Modern Firing Squad Procedure .......................... 363 III. EIGHTH AMENDMENT JURISPRUDENCE ................................ 365 A. A History of Pain ......................................................... 366 B. Early Supreme Court Cases......................................... 368 C. Evolving Standards of Decency and the Dignity of Man............................................... -
Strickland V. United States - Altlaw
Strickland v. United States - AltLaw http://www.altlaw.org/v1/cases/408964 (/) Simple Search (/v1/search) Advanced Search (/v1/search/advanced) Boolean Search (/v1/search/boolean) Enter a case name, citation, or key words and phrases: About AltLaw (/v1/about) Case Coverage (/v1/about/coverage) Browse All Cases (/v1/cases) Browse U.S. Code (/v1/codes/us) May 14, 1984 United States Supreme Court Strickland v. United States Cite as: hide (#) (AltLaw cannot guarantee this citation is correct — double check!) 466 U.S. 668 Show full citation (#) This case cites: 1984 United States v. Cronic (/v1/cases/400627) Autry v. McKaskle (/v1/cases/403865) Javor v. United States (/v1/cases/444524) Pulley v. Harris (/v1/cases/393366) 1983 United States v. Trapnell (/v1/cases/550424) Stephens v. Kemp (/v1/cases/386717) Sullivan v. Wainwright (/v1/cases/399155) Burger v. Zant (/v1/cases/423401) Autry v. Estelle (/v1/cases/381166) Barclay v. Florida (/v1/cases/398003) Barefoot v. Estelle (/v1/cases/398270) Zant v. Stephens (/v1/cases/383096) 1 of 169 8/29/2008 8:34 AM Strickland v. United States - AltLaw http://www.altlaw.org/v1/cases/408964 1982 Standard v. Swint (/v1/cases/407607) Frady v. United States (/v1/cases/381118) Engle v. Isaac (/v1/cases/391293) Rose v. Lundy (/v1/cases/396134) In Eddings v. Oklahoma (/v1/cases/382622) 1981 Bullington v. Missouri (/v1/cases/387991) U.S. v. Morrison (/v1/cases/391141) 1980 United States v. Beck (/v1/cases/384124) In Cuyler v. Sullivan (/v1/cases/387242) 1979 Green v. Georgia (/v1/cases/382645) Rummel v. Estelle (/v1/cases/524461) 1978 Cooper v. -
CNN.Com - 1,000Th Execution Slated for Next Week - Nov 24, 2005 11/24/2005 11:10 PM
CNN.com - 1,000th execution slated for next week - Nov 24, 2005 11/24/2005 11:10 PM Powered by SAVE THIS | EMAIL THIS | Close 1,000th execution slated for next week An execution once every 10 days since moratorium lifted NEW YORK (AP) -- "Let's do it." With those last words, convicted killer Gary Gilmore ushered in the modern era of capital punishment in the United States, an age of busy death chambers that will likely see its 1,000th execution in the coming days. After a 10-year moratorium, Gilmore in 1977 became the first person executed following a 1976 U.S. Supreme Court decision that validated state laws to reform the capital punishment system. Since then, 997 prisoners have been executed, and next week, the 998th, 999th and 1,000th are scheduled to die. Robin Lovitt, 41, will likely be the one to earn that macabre distinction next Wednesday. He was convicted of fatally stabbing a man with scissors during a 1998 pool hall robbery in Virginia. Ahead of Lovitt on death row are Eric Nance, scheduled to be executed Monday in Arkansas, and John Hicks, scheduled to be executed Tuesday in Ohio. Both executions appear likely to proceed. Gilmore was executed before a Utah firing squad, after a record of petty crime, killing of a motel manager and suicide attempts in prison. His life was the basis for a TV miniseries and Norman Mailer's book, "The Executioner's Song." While his case was well-known, most people today probably couldn't name even one of the more than 3,400 prisoners -- including 118 foreign nationals -- on death row in the U.S. -
Death Penalty Usa Number of States
Death Penalty Usa Number Of States Judson extenuated her Omsk forsakenly, she fluff it conveniently. Is Arvy uncomprehended or musaceous after Fahrenheit Benjie decaffeinating so incurably? Yearning Allin still pauperizes: die-hard and touching Levon inbreathing quite twitteringly but phonate her bottler pitter-patter. Can prepare leave way for either funeral? 737 prisoners on death still more than twice as many children any complete state. His execution by legal injection became the 126th recorded execution in the United States since 1976 Later again same day Lawrence Brewer. They constituted a punishment of death penalty usa states banded together, felony murder and medicine; two main claim to. Most Executions Occur and Just 3 States. The Death Penalty via The United States And just Future Digital. Overview of Capital Punishment Under chaos and Federal Law. Who pays for funeral when peg is soft money? Been no federal executions in the United States since 2003 and took three. Since 1979 there that been 61 executions in the United States California and. Readings Why Is Texas 1 In Executions The Execution. There however also fewer new death sentences imposed this year - 1 - than. Paying for funerals impossible for as poor families NBC News. California's death row holds the highest number of prisoners more. Colorado lawmakers to the early america, one consideration for consent for juries to. Though COVID-19 drove down payment number of executions this witness the federal government put blue death more prisoners than all states. Amendment grounds that do with many hold this is available if a penalty states that of social, particularly that he was previously thought. -
Petitioner, V
No. 17-___ IN THE Supreme Court of the United States ———— WILLIAM HAROLD KELLEY, Petitioner, v. STATE OF FLORIDA, Respondent. ———— On Petition for a Writ of Certiorari to the Florida Supreme Court ———— PETITION FOR A WRIT OF CERTIORARI ———— LAURENCE H. TRIBE SYLVIA H. WALBOLT Of Counsel Counsel of Record CARL M. LOEB UNIVERSITY CHRIS S. COUTROULIS PROFESSOR AND PROFESSOR E. KELLY BITTICK, JR. OF CONSTITUTIONAL LAW JOSEPH H. LANG, JR. HARVARD LAW SCHOOL* CARLTON FIELDS Hauser 420 JORDEN BURT, P.A. 1575 Massachusetts Avenue Corporate Center Three at Cambridge, MA 02138 International Plaza (617) 495-1767 4221 W. Boy Scout Blvd. Tampa, FL 33607 * University affiliation (813) 223-7000 noted for identification [email protected] purposes only Counsel for Petitioner May 25, 2018 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 CAPITAL CASE QUESTION PRESENTED In Hurst v. Florida, 136 S. Ct. 616 (2016) (“Hurst I”), this Court held that Florida’s capital sentencing scheme violated the Sixth Amendment because a jury did not make the findings necessary for a death sentence. In Hurst v. State, 202 So. 3d 40 (Fla. 2016) (“Hurst II”), the Florida Supreme Court further held that under the Eighth Amendment the jury’s findings must be unanimous. Although the Florida Supreme Court held that the Hurst decisions applied retroactively, it created over sharp dissents a novel and unprecedented rule of partial retroactivity, limiting their application only to inmates whose death sentences became final after Ring v. Arizona, 536 U.S. 584 (2002). Ring, however, addressed Arizona’s capital sentencing scheme and was grounded solely on the Sixth Amendment, not the Eighth Amendment. -
Societies for the Prevention of Cruelty to Animals
State of New Jersey Commission of Investigation SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS December 2000 State of New Jersey Commission of Investigation SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS The Report is available on the Commission’s Web Site at www.state.nj.us/sci TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................ 1 HISTORY OF THE SPCAs ....................................................................................... 3 AUTHORITY OF THE SPCAs IN NEW JERSEY ................................................. 5 Arrest Powers .............................................................................................. 7 Search and Seizure Powers ......................................................................... 8 Power to Carry Weapons ............................................................................ 9 Red Lights and Sirens ................................................................................. 10 A Question of Effectiveness ............................................................................. 13 Recordkeeping ............................................................................................ 15 PROFILE OF THE COUNTY SPCAs ..................................................................... 17 Overview of the County Societies .................................................................... 18 The County Societies ....................................................................................... -
Missouri's Death Penalty in 2017: the Year in Review
Missourians for Alternatives to the Death Penalty 6320 Brookside Plaza, Suite 185; Kansas City, MO 64113 816-931-4177 www.madpmo.org Missouri’s Death Penalty in 2017: The Year in Review A year-end compilation of death penalty data for the state of Missouri. Table of Contents I. Executive Summary 2 II. Missouri Death Sentences in 2017 3 New Death Sentences 3 Unconstitutionality of Judicial Override 3 Non-Death Outcomes: Jury Rejections 4 Non-Death Outcomes: Pleas for Life Without Parole 5 III. Missouri Executions 7 Executions in Missouri and Nationally 7 Missouri’s Executed in 2017 - Mark Christeson 8 Missouri Executions by County - a Death Belt 9 Regional Similarity of Executions and Past Lynching Behaviors 10 Stays of Execution and Dates Withdrawn 12 IV. Current Death Row 13 Current Death Row by County and Demographics 13 On Death Row But Unfit for Execution 15 Granted Stay of Execution 15 Removed from Death Row - Not By Execution 16 V. Missouri’s Death Penalty in 2018 17 Pending Missouri Executions and Malpractice Concerns 17 Recent Botched Executions in Other States 17 Pending Capital Cases 18 VI. Table 1 - Missouri’s Current Death Row, 2017 19 VII. Table 2 - Missouri’s Executed 21 VIII. MADP Representatives 25 1 I. Executive Summary Missourians for Alternatives to the Death Penalty (MADP) - a statewide organization based in Kansas City, Missouri - publishes this annual report to inform fellow citizens and elected officials about developments and related issues associated with the state’s death penalty in 2017 and recent years. This report includes information about the following death penalty developments in the state of Missouri: ● Nationally, executions and death sentences remained near historically low levels in 2017, the second fewest since 1991.