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Capital Punishment/The Death Penalty FAQs
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Criminal Procedure
Capital Punishment/The Death Penalty
FAQs
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Responses
Thirty-six states (as of December 2007), as well as the U.S. government and U.S. military, have the death penalty. Fourteen states and the District of Columbia do not have the death penalty (Source: Death Penalty Information Center).
States without the death penalty are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, New York, Rhode Island, Vermont, West Virginia, and Wisconsin. New Jersey abolished the death penalty, effective December 13, 2007, replacing it with life without parole.
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The death penalty in the United States is almost exclusively reserved for the crime of first-degree murder (with aggravating circumstances in most states). Circumstances that are considered aggravating vary by state.
On July 16, 2007, Texas became the seventh state to have signed into law a new statute allowing the death penalty for the rape of a child. Oklahoma, South Carolina, Georgia, Montana, Louisiana, and Florida also allow the death penalty for the rape of a child; however, the validity of such statutes in Florida and Georgia is currently uncertain.
Capital offenses exist in state law for various other (non-murder) crimes, including: - Treason (Arkansas, California, Colorado, Georgia, Illinois, Louisiana, Mississippi, Missouri, and Washington)
- Aggravated kidnapping (Colorado, Idaho, Illinois, Missouri, and Montana)
- Drug trafficking (Florida and Missouri)
- Aircraft hijacking (Georgia and Missouri)
- Placing a bomb near a bus terminal (Missouri)
- Espionage (New Mexico)
- Aggravated assault by incarcerated, persistent felons or murderers (Montana)
Federal capital offenses for non-murder crimes include: - Espionage
- Treason
- Trafficking in large quantities of drugs
- Attempting, authorizing, or advising the killing of any officer, juror, or witness in cases involving a continuing criminal enterprise, regardless of whether such killing occurs
Source: Crimes Punishable by Death Penalty, Death Penalty Information Center.
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Five different methods of execution are authorized in the United States: lethal injection, electrocution, gas chamber, hanging, and firing squad. Lethal injection is the most common method and is authorized in 37 states, as well as by the U.S. military and the U.S. government. Electrocution is the second most common method of execution in the United States and is authorized by ten states, with Nebraska being the only state that requires electrocution. Five states authorize execution by the gas chamber, and all five states have lethal injection as an alternative to the gas chamber. Two states authorize hanging as a method of execution, but have lethal injection as an alternative. Finally, two states authorize the firing squad, but also have lethal injection as an alternative. See Methods of Execution by State from the Death Penalty Information Center. The number of inmates put to death by the different methods are listed, along with states that authorize each method of execution.
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As of January 1, 2007, there were 3,350 inmates on death row in the United States. The top three states were California with 660 inmates on death row, Florida with 397, and Texas with 393. As of June 30, 2007, there were 49 women on death row, constituting 1.4 percent of the total death-row population. For additional information, the Death Penalty Information Center tracks the number of Death Row Inmates by State.
In 2006, 53 persons in 14 states were executed--24 in Texas; 5 in Ohio; 4 each in Florida, North Carolina, Oklahoma, and Virginia; and 1 each in Alabama, Indiana, Mississippi, South Carolina, Tennessee, California, Montana, and Nevada. Of the 53 persons executed in 2006, 32 were white, 21 were black, and all 53 were men. Since 1976, only 11 women have been executed in the United States.
From January 1, 1977, to December 31, 2005, 1,004 inmates were executed by 33 states and the Federal Bureau of Prisons. Nearly two-thirds of the executions took place in five states: Texas (355), Virginia (94), Oklahoma (79), Missouri (66), and Florida (60). For additional information on executions and prisoners under the sentence of death, see the Bureau of Justice Statistics most recent report, Capital Punishment, 2005.
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According to a November 4, 2007 New York Times article, "Capital Cases Stall as Costs Grow Daunting," a 2005 study by the New Jersey Policy Perspective estimated that capital punishment had cost the state $256 million since 1983, including $60 million for defense, and the state had not executed a single inmate in that time. The Death Penalty Information Center (DPIC) dedicates a full section of its Web site to capital prosecution costs and their impact on small counties and statewide budgets.
The Final Report of the Death Penalty Subcommittee of the Committee on Public Defense, Washington State Bar Association (December 2006), provides the following estimates:
- At the trial level, death-penalty cases are estimated to generate roughly $470,000 in additional costs to the prosecution and defense over the cost of trying the same case as an aggravated murder without the death penalty and costs of $47,000 to $70,000 for court personnel.
- On direct appeal, the cost of appellate defense averages $100,000 more in death-penalty cases, than in non-death-penalty murder cases.
- Personal restraint petitions filed in death-penalty cases on average cost an additional $137,000 in public-defense costs.
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Since 1976, 231 clemencies have been granted to death-row inmates on humanitarian grounds by presidents and state governors, according to the Death Penalty Information Center (DPIC). Illinois was the top ranking state with 172 clemencies granted since 1976. On January 11, 2003, Illinois governor George Ryan commuted the sentences of all 167 death-row inmates in Illinois, citing the flawed process that led to these sentences. The DPIC defines humanitarian grounds as including “doubts about the defendant's guilt, questions about the defendant's mental capacity, rehabilitation of the defendant, or the personal convictions of the governor.” DPIC maintains a list of the humanitarian clemencies granted, as well as information about each state’s clemency process online on its clemency page. DPIC’s page indicates other clemencies have been granted on technical grounds but does not track or elaborate on the basis for those grants of clemency.
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As of October 2007, 19 states (Alabama, Arizona, Arkansas, California, Delaware, Florida, Georgia, Kentucky, Maryland, Missouri, Nebraska, New Jersey, Nevada, North Carolina, Ohio, Oklahoma, Tennessee, Texas, and Virginia) and the federal government have placed executions on hold because of the method of execution used. All but Nebraska placed executions on hold because of a challenge to lethal injection. On May 8, 2007, the Nebraska Supreme Court stayed the execution of Carey Moore pending review of the electrocution process. On October 30, 2007, the Mississippi Supreme Court granted a stay of execution for Earl W. Berry pending the outcome of Baze v. Rees, a Kentucky case that evaluates claims that a particular combination of drugs used to bring about death causes suffering that amounts to cruel and unusual punishment in violation of the Eighth Amendment.
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Yes. DNA testing has proven essential in proving the innocence of many inmates on death row. As of May 22, 2007, DNA evidence has played a substantial role in exonerating 124 people since 1993, according to the Death Penalty Information Center (DPIC). The DPIC also maintains an "innocence list" of individuals who have been exonerated. This list includes the name of the inmate, the race, the date convicted, the date exonerated, the reason for release, and whether DNA evidence was used in the exoneration.
Except for identical twins, the structure of a person's DNA is unique. The courts now accept DNA evidence, since it provides an absolute identification match that historically was not available. The risk of executing an innocent person is greatly diminished with DNA testing. The Innocence Project at the Benjamin Cardozo School of Law in New York has been dedicated to assisting prisoners who could be proven innocent through DNA evidence since 1992. Their Web site provides a wide range of fact sheets on this topic, including post-conviction DNA exonerations, preservation of evidence, and access to post-conviction DNA testing.
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The juvenile death penalty was abolished in 2005 by the U.S. Supreme Court decision Roper v. Simmons (125 S.Ct. 1183), which stated that capital punishment for crimes committed by minors (under age 18) violates the Eight Amendment prohibition of cruel and unusual punishment. The majority reasoned that juveniles lack maturity and may be less culpable than adults who commit crimes.
Brain science has evolved dramatically in the last few years, and scientists have determined that parts of the brain are still developing into the early to mid-twenties; thus, the brains of people who commit murder at a young age are too immature to justify execution. According to recent research, the adolescent brain is fundamentally different than an adult brain. It is not a matter of knowing right from wrong, but more a question of impulse control and judgment.
In three states (Connecticut, New York, and North Carolina), juveniles can be tried as an adult at age 16 and above. In nine states (Georgia, Illinois, Louisiana, Massachusetts, Michigan, New Hampshire, South Carolina, Texas, and Wisconsin), juveniles can be tried as an adult at age 17 and above. In the remaining 38 states, plus the District of Columbia, an adult is considered anyone age 18 and older. Even though a juvenile aged 16 or 17 may be tried as an adult in criminal court in some states, a juvenile cannot be put to death in any state due to the decision in Roper v. Simmons.
The International Justice Project provides an extensive background on the juvenile death penalty, including the constitutionality of the death penalty for juveniles. The Death Penalty Information Center provides a host of resources and statistics on juveniles and the death penalty, including the Roper v. Simmons case, and the American Bar Association provides information on the juvenile death penalty and amicus briefs.
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In Atkins v. Virginia (U.S. 304 2002), the U.S. Supreme Court held that executions of people with mental retardation violates the Eighth Amendment ban on cruel and unusual punishment. While this decision did not clearly define mental retardation, it recommended language endorsed by the American Association of Mental Retardation. Individual states have defined retardation for purposes of the death penalty.
The execution of the insane is a violation of the U.S. Constitution, according to Ford v. Wainwright (1986). This decision left the determination of sanity up to each state. There are few constitutional protections for those with other forms of mental illness.
Three important, recent U.S. Supreme Court cases involve mental illness and the death penalty. Sell v. United States (2002) examines the right of defendants incompetent to stand trial to refuse medication. Clark v. Arizona (2006) examines the scope of psychiatric defenses. Panetti v. Texas (2006) examines the definition of competency to be executed.
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While there are no national standards for capital-case representation, state agencies, bar associations, public-defender organizations, state high courts, and local court systems in individual states have developed standards that address minimum qualifications for attorneys who represent capital defendants.
The NCSC has compiled a state-by-state list of the qualifications required for attorneys representing indigent defendants in capital cases. Statutes and court rules relating to attorney standards are also provided.
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Compensation rates vary by state, and in some cases, within states. There are several different approaches to compensating assigned counsel for capital cases. These include a statutory hourly rate, a rate set by administrative or court rule, a public defender, a state commission on indigent defense, a reasonable compensation rate, and a combination system. In June 2007, the Spangenberg Group published Rates of Compensation for Court-Appointed Counsel in Capital Cases at Trial: A State-by-State Overview.
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The death penalty is a very controversial topic in the United States and is hotly debated by experts in the field. Key arguments for maintaining the death penalty include punishment, deterrence, and the fact that the death penalty is less expensive than life in prison. Key arguments for abolishing the death penalty include the fear that an innocent person will be executed; it is not a deterrent to crime; and there is no humane method of putting someone to death. The deterrence question is the most controversial. For additional information on deterrence studies, see Deterrence: Comparing States With and Without the Death Penalty (Death Penalty Information Center).
Pro. Punishment or retribution is often cited as the main reason for imposing the death penalty. Proponents of the death penalty believe that justice has been served when someone is put to death for committing murder with aggravating circumstances. They believe that capital punishment permanently removes the worst criminals from society, reducing crime in the long run and saving lives. Proponents cite studies stating that putting someone to death is less expensive than permanent incarceration, thus saving taxpayers money. Proponents also believe criminals should suffer in proportion to the crime committed. Putting prisoners to death also gives closure to the victim's family. Proponents of the death penalty believe that it is a deterrent to crime. They argue that in countries such as Singapore, where the death penalty is almost always carried out, serious crime is very low. Finally, they believe that DNA testing can now effectively eliminate uncertainties as to a person's guilt or innocence.
Con. Opponents to the death penalty state that there is still a possibility that innocent people will be executed. Even with conclusive evidence, it can sometimes be difficult to determine whether a murder was actually manslaughter, which would not receive the penalty of death. Opponents argue that research in the United States has shown that putting someone to death is not a deterrent to crime, and life in prison is a more effective deterrent. Opponents also believe that the state may administer the death penalty unjustly. In addition, they believe that there is no such thing as a humane method of putting someone to death and the death penalty constitutes cruel and unusual punishment, a violation of a clause in the Bill of Rights. Finally, opponents believe that putting people to death is the ultimate denial of human rights and sends the wrong message that killing is acceptable under certain circumstances.
Other than the United States, 73 other countries around the world permit the death penalty. According to Amnesty International, at least 1,591 people were executed in 25 countries, and at least 3,861 people were sentenced to death in 55 countries. In 2006, 91 percent of all known executions took place in China, Iran, Pakistan, Iraq, Sudan, and the United States. For a list of the countries that allow the death penalty, see The Death Penalty Worldwide.
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| Creation Date: 2002 |
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Last Modified: 1/13/2009
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