The Death Penalty

8th Amendment – Cruel and Unusual Punishment?

The Death Penalty of Old

Public punishment necessary deterrent.

The more painful the more likely souls could be “cleansed” for heaven.

Also, great entertainment for the public.

Death Penalty for the Founders.

Most Founders did favor the death penalty – BUT did not like torture killings.

Death penalty used only for capital crimes.

Death penalty purpose to quickly end life. “Mere extinguishment of life.”

Death Penalty in USA

Until 1967, death penalty used for murder, rape, theft.

Fuhrman v. Georgia (1972) put a moratorium on executions.

– Only to be used for capital crimes.

– No “capricious” use.

Methods of Execution in 2003

Lethal injection – 545 Electrocution – 149 Gas chamber – 11 Hanging – 3 Firing squad – 2

– *number executed since 1976.

States Methods

Lethal injection – 46 states

Electrocution – 1 state Gas Chamber – 5

states* Hanging – 2 states* Firing squad – 2 states*

– *Alternative methods of lethal injection.

Number of executions by state since 1976

Texas – 245 Virginia – 82 Florida – 51 Missouri – 49 Oklahoma – 40 Louisiana – 26 Nebraska - 3

States that use lethal injection

Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nevada, Tennessee, N. Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, Wyoming, US Military

States that use Electrocution

Alabama, Arkansas, Florida, Georgia, Illinois, Kentucky, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Virginia

By 2003 - ONLY Nebraska uses the electric chair.

States that use hanging

Delaware, New Hampshire, Washington.

States that use firing squads

Idaho, Oklahoma, Utah

States that use lethal gas

Arizona, California, Maryland, Missouri, Wyoming.

Moratorium on executions until 1976

More than 600 death row inmates had their sentences changed between 1972 – 1976.

Mandatory death sentences ONLY with aggravating circumstances.