Capital punishment in the United States

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Capital punishment is a controversial issue in the United States and, indeed, in most of the world, with many prominent organizations and individuals participating in the debate. Arguments for and against it are based on moral, practical, religious, and emotional grounds. Advocates of the death penalty argue that it deters crime, improves the community by making sure that convicted criminals do not find their way out onto the streets to offend again, is closure to surviving victims or loved ones that the offender is removed, and is a just penalty for their crime. Opponents of the death penalty claim refute many of the claims of its advocates (including the arguments of deterrence, cost and of being sure a prisoner is never allowed back into the community) whilst stating that "capital punishment cheapens human life and puts government on the same low moral level as criminals who have taken life."[1]

Since the reinstatement of the death penalty in 1976, there have been 1,099 executions in the United States as of October 2007.[2] There were 53 executions in 2006.[3]

67% of capital convictions in the United States are eventually overturned, mainly on procedural grounds of incompetent legal counsel, police or prosecutors who suppressed evidence and judges who gave jurors the wrong instructions.[4][5] Seven percent of those whose sentences were overturned between 1973 and 1995 have been acquitted. Ten percent were retried and re-sentenced to death.[5] The remainder typically end up with lesser sentences, up to and including life imprisonment.

Contents

[edit] The legal process

The legal administration of the death penalty in the United States is complex. Typically, it involves four critical steps: (1) Sentencing, (2) Direct Review, (3) State Collateral Review, and (4) Federal Habeas Corpus. Recently, a narrow and final fifth level of process—(5) the Section 1983 Challenge—has become increasingly important.[6] (Clemency or Pardon, through which the Governor or President of the jurisdiction can unilaterally reduce or abrogate a death sentence, is an executive rather than legal process.[7])

[edit] Direct review

If a defendant is sentenced to death at the trial level, the case then goes into direct review.[8] The direct review process is a typical legal appeal. An appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether the decision was legally sound or not.[9] Direct review of a capital sentencing hearing will result in one of three outcomes. If the appellate court finds that no significant legal errors occurred in the capital sentencing hearing, the appellate court will affirm the judgment, or let the sentence stand.[10] If the appellate court finds that significant legal errors did occur, then it will reverse the judgment, or nullify the sentence and order a new capital sentencing hearing.[11] Lastly, if the appellate court finds that no reasonable juror could find the defendant eligible for the death penalty, a rarity, then it will order the defendant acquitted, or legally innocent, of the death penalty and order him sentenced to the next most severe punishment for which the offense is eligible.[12] A majority of death sentences, however — about 60% — survive the process of direct review intact.[13]

[edit] State collateral review

At times when a death sentence is affirmed on direct review, it is considered final. Yet, supplemental methods to attack the judgment, though less familiar than a typical appeal, do remain. These supplemental remedies are considered collateral review, that is, an avenue for upsetting judgments that have become otherwise final.[14] Where the prisoner received his death sentence in a state-level trial, as is usually the case, the first step in collateral review is State Collateral Review. (If the case is a federal death penalty case, it proceeds immediately from direct review to federal habeas corpus.) Although all states have some type of collateral review, the process varies widely from state to state.[15] Generally, the purpose of these collateral proceedings is to permit the prisoner to challenge his sentence on grounds that could not have been raised reasonably at trial or on direct review.[16] Most often these are claims, such as ineffective assistance of counsel, which require the court to consider new evidence outside the original trial record, something courts may not do in an ordinary appeal. State Collateral Review, though an important step in that it helps define the scope of subsequent review through Federal Habeas Corpus, is rarely successful in and of itself. Only around 6% of death sentences are overturned on State Collateral Review.[17]

[edit] Federal habeas corpus

After a death sentence is affirmed in State Collateral Review, the prisoner may file for Federal Habeas Corpus, which is a unique type of lawsuit that can be brought in federal courts. Federal habeas corpus is a species of collateral review, and it is the only way that state prisoners may attack a death sentence in federal court (other than petitions for certiorari to the United States Supreme Court after both direct review and state collateral review). The scope of federal habeas corpus is governed by the Antiterrorism and Effective Death Penalty Act of 1996, which restricted significantly its previous scope. The purpose of Federal habeas corpus is to ensure that state courts, through the process of direct review and State Collateral Review, have done at least a reasonable job in protecting the prisoner's Federal Constitutional Rights. Prisoners may also use Federal habeas corpus suits to bring forth new evidence that they are innocent of the crime, though to be a valid defense at this late stage in the process, evidence of innocence must be truly compelling.[18]

Review through federal habeas corpus is narrow in theory, but it is important in practice. According to Eric Freedman, 21% of death penalty cases are reversed through federal habeas corpus.[19]

James Lieberman, a professor of law at the Columbia law school, stated in 1996 that his study found that when habeas corpus petitions in death penalty cases were traced from conviction to completition of the case that there was "a 40 percent success rate in all capital cases from 1978 to 1995."[20] Similarly, a study by Ronald Tabek in a law review article puts the success rate in habeas corpus cases involving death row inmates even higher, finding that between "1976 and 1991, approximately 47% of the habeas petitions filed by death row inmates were granted." [21] The different numbers are largely definitional, rather than substantive. Freedam's statistics looks at the percentage of all death penalty cases reversed, while the others look only at cases not reversed prior to habeas corpus review.

[edit] Section 1983 contested

Under the Antiterrorism and Effective Death Penalty Act, a state prisoner is ordinarily only allowed one suit for habeas corpus in federal court. If the federal courts refuse to issue a writ of habeas corpus, the Governor may set an execution date. In recent times, however, prisoners have postponed execution through a final round of federal litigation using the Civil Rights Act of 1871 — codified at 42 U.S.C. § 1983 — which allows people to bring lawsuits to protect their civil rights.

Traditionally, Section 1983 was of limited use for a state prisoner under sentence of death because the Supreme Court has held that habeas corpus, not Section 1983, is the only vehicle by which a state prisoner can challenge his judgment of death.[22] In the recent Hill v. McDonough case, however, the United States Supreme Court approved the use of Section 1983 as a vehicle for challenging a state's method of execution as cruel and unusual punishment in violation of the Eighth Amendment. The theory is that a prisoner bringing such a challenge is not attacking directly his judgment of death, but rather the means that the judgment will be carried out. Therefore, the Supreme Court held in the Hill case, a prisoner can use Section 1983 rather than habeas corpus to bring the lawsuit. Yet, as Clarence Hill's own case shows, lower federal courts have often refused to hear suits challenging methods of execution on the ground that the prisoner brought the claim too late and only for the purposes of delay.

[edit] Mitigating factor

The United States Supreme Court in Penry v. Lynaugh and the United States Court of Appeals for the Fifth Circuit in Bigby v. Dretke have been clear in their decisions that jury instructions in death penalty cases that do not ask about mitigating factors regarding the defendant's mental health violate the defendant's Eighth Amendment rights, saying that the jury is to be instructed to consider mitigating factors when answering unrelated questions. This ruling suggests specific explanations to jury is necessary to weigh mitigating factors.

[edit] Methods

See list of state-by-state methods of execution.
More executions, fewer murders
More executions, fewer murders
Methods for executions in the United States
Methods for executions in the United States
Number of executions each year by the method used in the United States and the earlier colonies from 1608 to 2004.  The adoption of electrocution caused a marked drop off in the number of hangings, which was used even less with the use of the gas chamber. After Gregg v. Georgia, most states changed to lethal injection, leading to its rise.
Number of executions each year by the method used in the United States and the earlier colonies from 1608 to 2004. The adoption of electrocution caused a marked drop off in the number of hangings, which was used even less with the use of the gas chamber. After Gregg v. Georgia, most states changed to lethal injection, leading to its rise.

Various methods have been used in the history of the American colonies and the United States but only five methods are currently used. Historically, burning, pressing, breaking on wheel and bludgeoning were used for a small number of executions, while hanging was the most common method. The last person burned to death was a black slave in South Carolina in August 1825.[23] The last person to be hung in chains was a murderer named John Marshall in West Virginia on April 4, 1913. Although decapitation was a legal method in Utah for the second half of the 19th century, it was never employed.[24]

Currently lethal injection is the method used or allowed in 35 of the 36 states which allow the death penalty. Nebraska requires electrocution, although in 2008 the state supreme court ruled that this method is unconstitutional.[25][26][27] Other states also allow electrocution, gas chambers, hanging and the firing squad. From 1976 to September 24, 2007 there were 1,098 executions, of which 928 were by lethal injection, 154 by electrocution, 11 by gas chamber, 3 by hanging, and 2 by firing squad.[28]

The federal death penalty allows any method of execution if the person was given a federal trial.

The use of lethal injection has become standard. From June 2000 to July 20, 2006, only 6 out of 387 executions have been by a different method. The last execution by any other method was the use of the electric chair on September 12, 2007 when Daryl Holton was executed in Tennessee. The last use of the gas chamber occurred on March 3, 1999 when Walter LaGrand was executed in Arizona,[29] the last use of hanging was on 25 January 1996 when Delaware hanged Billy Bailey and the firing squad was also last used in 1996 when John Albert Taylor was shot in Utah on January 26.

The electric chair was the major method of execution during most of the 20th century. They developed a special nickname: Old Sparky (however, Alabama's electric chair became known as the "Yellow Mama" due to its unique color). Some, particularly in Florida, were noted for malfunctions, which caused discussion of their cruelty and resulted in a shift to lethal injection as the major method of execution. Although lethal injection dominates as a method of execution, some states allow an alternate method and a few states allow at least some death-row inmates to choose the method by which they will be executed.

Regardless of the method, an hour or two before the execution, the condemned person is offered religious services, and a last meal. Executions are carried out in private with only invited persons able to view the proceedings.

[edit] Ages of condemned prisoners

Executions in the United States from 1608 to 2004
Executions in the United States from 1608 to 2004
Executions in the United States from 1930 to 2004
Executions in the United States from 1930 to 2004
Total number of prisoners on Death Row in the United States from 1953 to 2003
Total number of prisoners on Death Row in the United States from 1953 to 2003

Since 1642 (in the 13 colonies, the United States under the Articles of Confederation, and the current United States) an estimated 364 juvenile offenders have been put to death by states and the federal government. The first known juvenile to be executed was Thomas Graunger in 1642. Twenty-two of the executions occurred after 1976, in seven states. Due to the slow process of appeals, it was highly unusual for a condemned person to be under 18 at the time of execution. The youngest person to be executed in the 20th century was George Stinney, at the age of 14, in 1944. The last execution of a juvenile may have been Leonard Shockley, executed on April 10, 1959 at the age of 17. No one has been under age 19 at time of execution since at least 1964.[30][31] Since the reinstatement of the death penalty in 1976, 22 people have been executed for crimes committed under the age of 18. 21 were 17 at the time of the crime, one, Sean Sellers, executed on February 4, 1999 in Oklahoma, was 16. The last person to be executed for a crime committed as a juvenile was Scott Allen Hain on April 3, 2003 in Oklahoma.[32]

Before 2005, of the 31 U.S. states that allow capital punishment:

  • 19 states and the federal government had set a minimum age of 18,
  • Five states had set a minimum age of 17, and
  • 14 states had explicitly set a minimum age of 16, or were subject to the Supreme Court's imposition of that minimum.

16 was held to be the minimum permissible age in the 1988 Supreme Court of the United States decision of Thompson v. Oklahoma. The Supreme Court, considering the case Roper v. Simmons, in March 2005, found execution of juvenile offenders unconstitutional by a 5–4 margin, effectively raising the minimum permissible age to 18. State laws have not been updated to conform with this decision. Under the US system, unconstitutional laws do not need to be repealed, but are instead held to be unenforceable. (See also List of juvenile offenders executed in the United States)

[edit] Distribution of sentences

Within the context of the overall murder rate, the death penalty cannot be said to be widely or routinely used in the United States; in recent years the average has been about one execution for about every 700 murders committed, or 1 execution for about every 325 murder convictions.

It is noted that the death penalty is sought and applied more often in some jurisdictions, not only between states but within states. A 2004 Cornell University study showed that while 2.5% of murderers convicted nationwide were sentenced to the death penalty, in Nevada 6% were given the death penalty. Texas gave 28% of murderers the death sentence, less than the national average. Texas, however, executed 40% of those sentenced, which was about four times higher than the national average. California had executed only 1% of those sentenced.

Only 1.4% of those executed since 1976 have been women.

African Americans made up 41% of death row inmates while making up only 12% of the general population. (They have made up 34% of those actually executed since 1976.)[33] Conversely, others note that this is lower than the 50% of the total prison population which was African American and that whites are in fact twice as likely as African Americans to receive the death penalty, and are also executed more quickly after sentencing.[34] Academic studies indicate that the single greatest predictor of whether a death sentence is given, however, is not the race of the defendant, but the race of the victim. According to a 2003 Amnesty International report, blacks and whites were the victims of murder in almost equal numbers, yet 80% of the people executed since 1977 were convicted of murders involving white victims.[35]

There are notable exceptions however, as half of the ten inmates on Connecticut's death row have been condemned for the murders of minorities and five of the 37 inmates executed in South Carolina were White men convicted of murdering African-Americans.

[edit] Public execution versus private execution

The last public execution in America was that of Rainey Bethea in Owensboro, Kentucky, on August 14, 1936. It was the last death sentence in the nation at which the general public was permitted to attend without any legally-imposed restrictions. "Public execution" is a legal phrase, defined by the laws of various states, and carried out pursuant to a court order. Similar to "public record" or "public meeting," it means that anyone who wants to attend the execution may do so.

About 1890, a political movement developed in the United States to mandate private executions. Several states enacted laws which required that the executions be conducted within a "wall" or "enclosure" to "exclude public view." (These are significant legal phrases.) For example, in 1919, the Missouri legislature adopted a statute (L.1919, p. 781) which required, "the sentence of death should be executed within the county jail, if convenient, and otherwise within an enclosure near the jail." The Missouri law permitted the local sheriff to distribute passes to individuals (usually local citizens) whom he believed should witness the hanging, but the sheriffs—for various reasons—sometimes denied passes to individuals who wanted to watch. Missouri executions conducted after 1919 were not "public" because they were conducted behind closed walls, and the general public was not permitted to attend.

Present-day statutes from across the nation utilize the same words and phrases, requiring modern executions to take place within a wall or enclosure to exclude public view. Connecticut (CGSA 54-100) requires death sentences to be conducted in an "enclosure" which "shall be so constructed as to exclude public view." Kentucky (KRS 431.220) and Missouri (VAMS 546.730) statutes contain substantially identical language. New Mexico's statute (NMSA 31-14-12) requires executions be conducted in a "room or place enclosed from public view." Massachusetts (MGLA. 279 § 60) requires executions to take place "within an enclosure or building." North Carolina (NCGSA § 15-188) requires death sentences to be executed "within the walls" of the penitentiary, as do Oklahoma (22 Okl.St.Ann. § 1015) and Montana (MCA 46-19-103). Ohio (RC § 2949.22) requires, "The enclosure shall exclude public view." Similarly, Tennessee (TCA § 40-23-116) requires "an enclosure" for "strict seclusion and privacy." Federal law (18 U.S.C.A. § 3596 and 28 CFR 26.3) specifically limits the witnesses to be present at an execution..

Today, there are always witnesses to executions--sometimes numerous witnesses, but it is the law, not the number of witnesses present, which determines whether the execution is "public."

All of the executions which have taken place since the 1936 hanging of Bethea in Owensboro have been conducted within a wall or enclosure. For example, Fred Adams was legally hanged in Kennett, Missouri, on April 2, 1937, within a 10-foot (3 m) wooden stockade. Roscoe "Red" Jackson was hanged within a stockade in Galena, Missouri, on May 26, 1937. Two Kentucky hangings were conducted after Galena in which numerous persons were present within a wooden stockade, that of John "Peter" Montjoy in Covington, Kentucky on December 17, 1937, and that of Harold Van Venison in Covington on June 3, 1938. An estimated 400 witnesses were present for the hanging of Lee Simpson in Ryegate, Montana, on December 30, 1939. The execution of Timothy McVeigh on June 11, 2001, was witnessed by some 300 people (some by closed circuit television), so some might call it a "public execution," even though federal law does not permit public executions. See 18 U.S.C.A. § 3596 and the federal administrative regulation implementing it, 28 CFR § 26.4. A “public execution” means that all the public has access.

[edit] Clemency and commutations

The majority of people released from death row since 1977 were not eligible for executive clemency or commutation of their sentences. From 1977 to 2007, 229 persons serving a death sentence were spared in consequence of a Governor's or a Board of Clemency's decision to pardon them or commute their sentence to life in prison. This is a remarkable remission rate, especially when compared with the number of overturned convictions. Of the reprieved convicts, 228 were from state death row, 1 from federal death row.

The largest number of clemencies were granted January 2003 in Illinois, when outgoing Governor George Ryan, who had already imposed a moratorium on executions, pardoned four death-row inmates and commuted the sentences of the remaining 168 to life imprisonment.

Previous post-Furman massive clemencies took place in 1986 in New Mexico, when Governor Toney Anaya commuted all death sentences because of his personal opposition to the death penalty. In 1991 outgoing Ohio Governor Dick Celeste commuted the sentences of eight prisoners. And during his two terms (1979-1987) as Florida Governor, Bob Graham, although a strong death penalty supporter who had overseen the first post-Furman involuntary execution as well as 15 others, agreed to commute the sentences of six people on grounds of "possible innocence" or "disproportionality."

[edit] Controversy over use of death penalty

Various groups oppose or support capital punishment. Amnesty International and some religions oppose capital punishment on moral grounds, while the Innocence Project works to free wrongly convicted prisoners, including death row inmates, based on newly available DNA tests. Other groups, such as the Southern Baptists, law enforcement, and some victims' rights groups support capital punishment.

Opinion polls consistently show that a majority of the American public supports the death penalty. A May 2005 Gallup poll had 74% of respondees in "favor of the death penalty for a person convicted of murder". In the same Gallup poll, when life imprisonment without parole was given as an option as a punishment for murder, 56% supported the death penalty and 39% supported life imprisonment, with 5% offering no opinion.[36] Elections have sometimes turned on the issue; in 1986, three justices were removed from the Supreme Court of California by the electorate (including Chief Justice Rose Bird) specifically because of their opposition to the death penalty.

Religious groups are widely split on the issue of capital punishment,[37] generally with more conservative groups more likely to support it and more liberal groups more likely to oppose it.

The debate over the death penalty centers around four issues: whether it is morally correct to kill; whether the death penalty serves as a deterrent; whether the penalty is being applied fairly across racial, social, and economic classes; and whether the irrevocability of the penalty is justified considering possible new evidence or future revelations of improper conduct by the state. It is also claimed that the financial costs of a complete death penalty case exceed the total costs of a lifetime of incarceration.[38] Between 1976 and 2003, less than 2% of death row prisoners were exonerated, while others had their sentences reduced for other reasons. This amounted to 112 prisoners released.

[edit] Suicide on death row

The suicide rate of death row inmates was found by Lester and Tartaro to be 113 per 100,000 for the period 1976–1999. This is about ten times the rate of suicide in the United States as a whole and about six times the rate of suicide in the general U.S. prison population. The Canadian suicide rate has decreased since the abolishment of capital punishment in 1979.[citation needed]

[edit] Moratoria

Since the death penalty was reinstated in Illinois in 1977, 12 men have been executed. During that same period, 13 men were freed from death row.[39] This finding prompted the outgoing governor of Illinois, Republican George H. Ryan, who had previously ordered a moratorium on executions by the state, to commute all death penalties in his state in January 2003.[40] When Democrat Rod Blagojevich was elected governor in 2002, one of his first acts was an attempt to revoke some of Ryan's commutations.[41]

In addition to Ryan's moratorium, Governor Parris N. Glendening (D) halted executions in the state of Maryland by executive order on May 9, 2002, but the subsequent governor, Robert Ehrlich (R), resumed executions in 2004. However, on December 19, 2006, the Maryland Court of Appeals ruled that state executions would be suspended until the manual that spells out the protocol for lethal injections is reviewed by a legislative panel. The state's Department of Corrections had adopted the manual without having a public hearing or submitting it before a committee. Legislative review of the protocol is required before approval under state law.

In December 2005, the New Jersey State Senate passed a one-year moratorium on executions by the state.[42] The measure was passed by the legislature on January 10, 2006. Governor Richard J. Codey signed the measure into law on January 12.[43] New Jersey is the first state to pass such a moratorium legislatively, rather than by executive order. Although New Jersey reinstated the death penalty in 1982, the state has not executed anyone since 1963. On December 17, 2007, with the signing of an abolition bill by Governor Jon Corzine, New Jersey became the 14th state without a death penalty at a time when its use is declining in most of the 36 states -- plus the federal government and U.S. military -- that retain it, but the first state to abolish it by legislative action rather than by judicial decision. As a result, all eight inmates on death row had their sentences commuted to life in prison. This was upsetting to some, as the list included Jesse Timmendequas, whose rape and murder of his 7-year-old neighbor, Megan Kanka, led to the creation of Megan's Law, and many awaited his execution[44].

In New York, the New York State Court of Appeals ruled that the state's death penalty statute was unconstitutional in June of 2004, in the case of People v. LaValle.

In Florida, Governor Jeb Bush suspended all executions on December 15, 2006 after a botched execution required a second injection of the lethal chemicals. The moratorium was lifted on July 18, 2007 by Governor Charlie Crist,[45] and on November 1, 2007, the Florida Supreme Court unanimously upheld the state's lethal injection procedures.[46]

In North Carolina, a de facto moratorium is in place following a decision by the state's medical board that physicians cannot participate in executions, which is a requirement under state and federal law.

In California, U.S. District Judge Jeremy Fogel imposed a moratorium on the death penalty in the state of California on December 15, 2006, ruling that the implementation used in California was unconstitutional but that it could be fixed.[47]

In Missouri, U.S. District Judge Fernando J. Gaitan, Jr. of the United States District Court for the Western District of Missouri in Kansas City suspended the state's death penalty on June 26, 2006, after lengthy hearings on the matter. Judge Gaitan reasoned that the state's lethal injection protocol did not satisfy the Eighth Amendment because (1) the written procedures for implementing lethal injections were too vague, and (2) the state had no qualified anesthesiologist to perform lethal injections. Jay Nixon, the Missouri Attorney General, promptly appealed to the United States Court of Appeals for the Eighth Circuit in St. Louis. On June 4, 2007, a panel of the Eighth Circuit reversed the District Court's decision. The death row inmate in question, Michael Taylor, will seek an en banc hearing before the entire Eighth Circuit and, failing that, will seek a writ of certiorari in the Supreme Court of the United States.[48] The Eighth Circuit case is number 06-3651, Taylor v. Crawford.

In Nebraska, the Nebraska Supreme Court ruled, on February 8, 2008, that the use of the electric chair is unconstitutional — specifically, that its use conflicts with the Nebraska state constitution. As electrocution is the sole legally-authorized method of execution in Nebraska, the state has what technically amounts to no legally-authorized death penalty at this time.[49]

Since the Supreme Court of the United States agreed to hear the case Baze v. Rees many states have slowed or halted executions as lawyers for death-row prisoners have argued that states should not carry out death sentences using a method that may be ruled unconstitutional. While executions have come to an apparent stop until Baze is examined by the court, this was not the intent, according to Supreme Court Justice Antonin Scalia, who stated on Tuesday, October 16, 2007 that stopping all executions by that method wasn't the high court's intention when it agreed to hear Baze v. Rees. Just because the justices agreed to take on the case, Scalia said, doesn't necessarily mean that a moratorium should ensue.[50]

[edit] See also

[edit] External links

[edit] Anti-death penalty

[edit] Pro-death penalty

[edit] More information

[edit] References

  1. ^ American Justice Volume 1
  2. ^ Executions in the United States in 2007
  3. ^ Death Penalty Info: Executions by Year
  4. ^ Instructional Services of Columbia University Law School.
  5. ^ a b Landmark Study on Justice Denied.
  6. ^ See, e.g., Hill v. McDonough.
  7. ^ See generally Separation of Powers.
  8. ^ See, e.g., 18 U.S.C. § 3595. ("In a case in which a sentence of death is imposed, the sentence shall be subject to review by the court of appeals upon appeal by the defendant."
  9. ^ See generally Appeal.
  10. ^ 18 U.S.C. § 3595.
  11. ^ Poland v. Arizona, 476 U.S. 147 152-54 (1986).
  12. ^ See id.
  13. ^ Eric M. Freedman, "Giarratano is a Scarecrow: The Right to Counsel in State Postconviction Proceedings, Legalize Drugs" 91 Cornell L. Rev. 1079, 1097 (2006).
  14. ^ Teague v. Lane, 489 U.S. 288, 306 (1989).
  15. ^ LaFave, Israel, & King, 6 Crim. Proc. § 28.11(b) (2d ed. 2007).
  16. ^ LaFave, Israel, & King, 6 Crim. Proc. § 28.11(a) (2d ed. 2007).
  17. ^ Eric M. Freedman, "Giarratano is a Scarecrow: The Right to Counsel in State Postconviction Proceedings," 91 Cornell L. Rev. 1079, 1097 (2006).
  18. ^ House v. Bell, 126 S. Ct. 2064 (2006)
  19. ^ Eric M. Freedman, "Giarratano is a Scarecrow: The Right to Counsel in State Postconviction Proceedings," 91 Cornell L. Rev. 1079, 1097 (2006).
  20. ^ Habeas Corpus Studies - New York Times
  21. ^ frontline: the execution: readings: the new speed-up in habeas corpus appeals
  22. ^ Heck v. Humphrey, 512 U.S. 477 (1994).
  23. ^ The Espy File
  24. ^ http://deathpenaltyinfo.msu.edu/c/states/stats/utah.htm
  25. ^ Nebraska court bans the electric chair
  26. ^ NY Times article: Electrocution Is Banned in Last State to Rely on It
  27. ^ Nebraska Supreme Court opinion
  28. ^ Death Penalty Info Fact Sheet.
  29. ^ NAACPLDF DRUSA, Spring 2006.
  30. ^ Best Web
  31. ^ Juvenile News and Developments - Previous Years
  32. ^ Execution of Juveniles in the U.S. and other Countries
  33. ^ United States of America: Death by discrimination - the continuing role of race in capital cases. | Amnesty International
  34. ^ Death Penalty in Black and White (1999 figures).
  35. ^ United States of America: Death by discrimination - the continuing role of race in capital cases. | Amnesty International
  36. ^ ClarkProsecutor
  37. ^ ReligiousTolerance
  38. ^ Experts Agree: Death Penalty Not A Deterrent To Violent Crime, http://news.ufl.edu/1997/01/15/death1/, January 15, 1997, accessedd September 27, 2007
  39. ^ Oprah
  40. ^ Suburban Chicago News
  41. ^ Press Enterprise
  42. ^ Justice Policy
  43. ^ New Jersey ADP
  44. ^ MSNBC News Services (2007-12-13). N.J. Legislature votes to abolish death penalty. Retrieved on 2007-12-14.
  45. ^ JURIST - Paper Chase: Florida governor lifts temporary ban on executions
  46. ^ JURIST - Paper Chase: Florida Supreme Court upholds state lethal injection procedure
  47. ^ Judge says executions unconstitutional
  48. ^ Court restores Missouri executions The Kansas City Star, June 5, 2007.
  49. ^ "Nebraska Supreme Court says electrocution unconstitutional", Omaha World-Hearld (online edition), February 8, 2008.
  50. ^ Gramlich, John. "Lethal injection moratorium inches closer", Stateline.org, 2007-10-18. Retrieved on 2007-10-18. 

[edit] Further reading

  • Banner, Stuart (2002). The Death Penalty: An American History. Harvard University Press. ISBN 0-674-00751-4.
  • Delfino, Michelangelo and Day, Mary E. (2008). Death Penalty USA: 2005 - 2006. MoBeta Publishing, Tampa, Florida. ISBN 978-0972514125.
  • Dow, David R., Dow, Mark (eds.) (2002). Machinery of Death. The Reality of America's Death Penalty Regime. Routledge, New York. ISBN 0-415-93266-1 (cloth), ISBN 0-415-93267-X (paperback)
    (this book provides critical perspectives on the death penalty; it contains a foreword by Christopher Hitchens)
  • Megivern, James J., The Death Penalty: An Historical and Theological Survey. Paulist Press, New York. ISBN 0-8091-0487-3
  • Prejean, Helen (1993). Dead Man Walking. Random House. ISBN 0-679-75131-9 (paperback)
    (Describes the case of death convict Patrick Sonnier, while also giving a general overview of issues connected to the Death Penalty.)

[edit] External links

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