Post World War 2

Michael Meltsner - Cruel and Unusual Random House, 1973 (Re-published in 2011)

Highly recommended by the same author: The Making of a Civil Rights Lawyer

Both books can be found at Amazon.com and most other booksellers

Post World War 2

Michael Meltsner - Cruel and Unusual (Random House, 1973)

One of the NAACP LDF lawyers provides some state

by state examples of the decline of the death penalty in the US in the 1960s

US decline similar to the post WW2 global decline of the DP described by Zimring and Hawkins

Post World War 2

New York - 1963 - 2 white girls brutally murdered

19 year old black man arrested and “confessed”

Confession was coerced by police - "third degree" (before WW2 urban police routinely beat "suspects" until they confessed,

whether they did it or not - this was called the "third degree" - google the third degree and also the Reid Technique to read more on this)

Another man was later convicted of the crime

Post World War 2

In wake of phony confession -- NY legislature passed dp abolition bill.

Repub governer signed it - Nelson Rockefeller

(not a liberal – Rockefeller supported and signed the "toughest drug law

in America" which turned into a disaster that NY is still trying to undo- led to huge prison population and huge expense this entails.)

Post World War 2

Louisiana - death row 37 black, 6 white

Govs declined to sign death warrants

State courts delayed rulings for years

Partly influence of the Catholic Church which opposed the dp

Post World War 2

Nevada -- all executions blocked by a Federal district judge

Post World War 2

Texas -- head of prisons opposed dp George Beto - wanted to "humanize" prisons to

decrease recidivism and ease re-entry

Federal judge blocked almost all executions

Post World War 2

Massachusetts - moratorium since 1947!!

Partly a response to Sacco/Vanzetti case in 1920s

(S/V case involved two Italian immigrant anarchists framed by police for a robbery and eventually executed)

Post World War 2

Alabama -- fought case by case

State courts upheld almost all death sentences Federal courts stayed all executions Partly a response to the Scottsboro case

Post World War 2

Maryland -- governers opposed the dp

Declined to sign execution warrants

Post World War 2

Arkansas -- governer opposed to the dp Winthrop Rockefeller (Nelson's brother)

Reform head of prisons opposed dp (Thomas Murton)

“Lost” Arkansas electric chair http://en.wikipedia.org/wiki/Tom_Murton (interesting

story!)

-- Rockefeller commuted all death sentences in Arkansas as he was leaving office

Post World War 2

Note -- 3 other governers post-furman have done blanket commutes upon leaving office

Ohio 1980sNew Mex 1980sIllinois 2006

Post World War 2

Georgia -- fought case by case

One Supreme Court Justice blocked all executions (Not an anti-dp Justice!!)

Post World War 2

Wash DC -- executions stopped in 1957

Passed new dp in 1963, but ruled unconstitutional

Never really tried again

Post World War 2

Arizona -- one tucson lawyer kept 11 cases on appeal and blocked almost all executions

Last execution in 1963

Post World War 2

Pennsylvania -- governers stayed executions over and over

Post World War 2

California -- dp controversial in wake of Caryl Chessman case

(Google Caryl Chessman for an interesting story!)

Calif Supreme Court abolished Calif dp shortly before Furman - violation of the Calif Constitution!!

Opinion written by a conservative Reagan

appointee!!

Cruel or unusual vs. Cruel and unusual

Post World War 2

So, outside the south (and even in a few southern states!) the death penalty was dying a slow death as politicians, judges, and prison administrators slowly brought

executions to a halt partially in the expectation that it would soon be ended completely by the US Supreme Court.

In most southern states the dp was used almost entirely against minorities accused of offenses against whites (the usual historical pattern of racism and discrimination) and was defended by local politicians and supported by the dominant white community.