History of Capital Punishment

1
History of Capital Punishment

• John Kendall-First English colonist to be
  executed in the New World, Jamestown, 1608
• 1641 Massachusetts prohibited cruel and unusual
  punishment
• 1791-Bill of Rights was ratified and included
  future death row protections.

2
Death Row Protections of the Bill of Rights

• Fifth Amendment Due process of law
• Sixth Amendment Right to a fair and speedy trial
• Eighth Amendment prohibits cruel and unusual
  punishment

3
Invention of Degrees of Murder

• 1793- Pennsylvania established First and Second
  degrees of Murder
• They recognized that there are different kinds of
  murder and some do not deserve a death sentence.

4
Sentencing By Trial Jury

• In the 19th Century, trial juries began making
  the decision of the death penalty.
• The only exception today is in Florida where the
  jurys decision can be overridden by a judge.

5
Furman v. Georgia (1972)

• Stated that the death penalty, as administered,
  violated the 8th Amendment prohibition of cruel
  and unusual punishment.
• Ended death penalty until states made changes in
  laws in 1974.

6
Reducing the Number of Capital Crimes

• Since 1977, the only crime for which prisoners
  can be executed is criminal homicide.

7
Coker v. Georgia (1977)

• Supreme Court decided that it was
  unconstitutional to give death sentence for the
  offense of rape.

8
Everheart v. Georgia (1977)

• Supreme Court found that it was unconstitutional
  to give death sentence for the offense of
  kidnapping.

9
Ford v. Wainwright (1986)

• Unconstitutional to execute the insane

10
Penry v. Lynaugh (1989)

• It is unconstitutional to execute the mentally
  retarded.

11
Thompson v. Oklahoma (1988)

• Supreme Court found that it is unconstitutional
  to execute someone who is 15 years of age or
  younger.

12
Stanford v. Kentucky (1989)

• Supreme Court found that it is constitutional to
  execute a person who is 16 years of age and older.

13
Federal Government

• In 1994, the Federal Government finally
  re-instituted federal capital punishment.

14
Exclusions from Federal Execution

• Persons under 18
• Pregnant women
• Mentally retarded

15
12 States That Prohibit Capital Punishment

• Minnesota Iowa
• Vermont Michigan
• Hawaii Rhode Island
• Massachusetts Wisconsin
• West Virginia Maine
• Alaska North Dakota

16
Death Penalty Unconstitutional

• In 2004, the death penalty was ruled
  unconstitutional in New York and Kansas.

17
Types of Execution in the U.S.

• Lethal Injection
• Electrocution
• Gas Chamber
• Hanging
• Firing Squad

18
Lethal Injection

• 1977- Lethal injection execution was adopted in
  Oklahoma
• Primary method used in the United States today
• 37 States, Military and Federal Government use
  Lethal Injection as a means of execution

19
Electrocution

• Only 10 states allow electrocution
• Lethal injection is an alternative method of
  execution for each of these states except one
• Nebraska requires electrocution as its only means
  of execution

20
Gas Chamber

• 5 states allow gas chamber as a means of
  execution
• Each of those states also have lethal injection
  as an alternative method of execution

21
Hanging

• Delaware, New Hampshire, and Washington allow
  hanging as a means of execution
• Each of those states also have lethal injection
  as an alternative method of execution

22
Firing Squad

• Idaho, Oklahoma and Utah use firing squad as a
  means of execution.
• Each of those states also have lethal injection
  as an alternative method of execution
• Oklahoma will only use lethal injection if firing
  squad is found unconstitutional

23
Federal Government

• Federal execution is through lethal injection at
  Terre Haute, Indiana
• Timothy McVeigh was executed on June 11, 2001 by
  lethal injection.

24
Executions In Georgia Since 1976

• Total Executions 39
• 2004 2
• 2005 3
• 2006 0
• 2007 1

25
Executions in America

• Since 1977 there have been 1096 executions
• Lethal Injections 927
• Electrocution 153
• Gas Chamber 11
• Hanging 3
• Firing Squad 2

26
Executions By Race Since 1096

• White 623
• Black373
• Hispanic 76
• Other 24

27
Executions In U.S. In 2006

• 52 Total Executions
• White 23
• Black 21
• Women 0
• Number of States 14

28
Significant Georgia Executions

• 1983 David Cargill was the last man to be
  executed in Georgias Electric Chair
• October 5, 2001 Georgia Supreme Court ruled
  electrocution cruel and unusual punishment
• October 25, 2001 Terry Mincey was the first man
  executed by Lethal Injection in Georgia

29
Death Row In Georgia

• There are 105 inmates on Death Row in Georgia
• 104 are men
• 1 is a woman
• 56 White
• 47 Black
• 1 Indian, 1 Other