"One of the first American documents in the discussion of the death penalty was, published in 1793 by William Bradford, Pennsylvania's attorney-general. Although Bradford favored capital punishment, he concluded that the death penalty made it harder for the state to convict the guilty in some cases because juries did not want to sentence people to death. This feeling was reflected in a wave of new laws throughout the 1790s that curbed capital punishment, abolishing it for certain classes of crime. Five states, for example, limited capital punishment to cases of murder."

An Inquiry How Far the Punishment of Death is Necessary in Pennsylvania

"The first federal execution was on June 25, 1790, when U.S. Marshall Henry Dearborn coordinated the hanging of Thomas Bird in Massachusetts. Dearborn spent five dollars and fifty cents for the construction of a gallows and a coffin."

"The First Congress adopted several other bills relating to the federal judiciary or its functions. Except for the bill providing salaries, these bills originated in the Senate. Most important was the Punishment of Crimes Act, the first listing of federal crimes and their punishment. In addition to treason and counterfeiting of federal records, the crimes included murder, disfigurement, and robbery committed in federal jurisdictions or on the high seas. The fourth paragraph of the act authorized judges to sentence convicted murderers to surgical dissection after execution. The fifth paragraph provided fines and imprisonment for anyone attempting to rescue a body of an individual sentenced to dissection."

At least one signer of the Declaration of Independence, Benjamin Rush, opposed the death penalty. He is often cited as the political forebearer of the abolitionist movement.

"To most constitutional lawyers there seems little doubt that the Founding Fathers intended to allow for the death penalty in drawing up the US Constitution of 1787. Not only did certain provisions of the Constitution - such as the Fifth Amendment - expressly allow for the taking of life, but others - such as the Eighth Amendment - were deliberately phrased in ambiguous ways that suggested even if certain forms of punishment could be banned (such as crucifixions or beheadings) the basic principle of government executions remained permissible if individual states and the federal government wished to legislate for these."

By the start of the American Revolution, the death penalty was used in all 13 colonies. Rhode Island was the only colony that did not have at least 10 crimes punishable by death. The colonies had "roughly comparable death statutes which covered arson, piracy, treason, murder, sodomy, burglary, robbery, rape, horse-stealing, slave rebellion, and often counterfeiting. Hanging was the usual sentence. Rhode Island was probably the only colony which decreased the number of capital crimes in the late 1700's."

"The first prominent European to call for an end to the death penalty, Beccaria is considered the founder of the modern abolition movement... In 1764, Beccaria published his famous Essays on Crimes and Punishments . It was the first major study of the criminal justice system as it operated in eighteenth-century Europe, as well as the first call for the abolition of capital punishment. It remains the most influential attack on the death penalty ever published... It was Beccaria, though, who focused the attention of philosophers and political leaders on the issue. In addition to its effects in Europe, the Essay also had a significant effect on the thinking of abolitionists in America, including Dr. Benjamin Rush."

Pennsylvania founder William Penn convened his first General Assembly at Chester, PA, on Dec. 4, 1682. Following a debate on Pennsylvania's Frame of Government, the conference produced, which consisted of 61 chapters dictating the governance of Pennsylvania. It included the original Quaker criminal code which limited crimes punishable by death to premeditated murder and treason. Penn replaced the death penalty and bodily punishments with imprisonment in a House of Correction. This Quaker code was a radical departure from the practices of other societies around the world.

"[W]hen the first colonists came to the land now known as the United States, they brought the British penal system across the ocean with them. A colonist in Virginia could be executed for crimes as trivial as stealing grapes, killing chickens, or trading with the Indians. But the first documented execution in the new colonies was for a far more serious offense. In the Jamestown colony of Virginia in 1608, Captain George Kendall was hanged for the capital offense of treason. Among other serious capital crimes in colonial times were murder, rape, heresy - and witchcraft."

"The Code of Hammurabi (39 KB), a legal document from ancient Babylonia (in modern-day Iraq), contained the first known death penalty laws. Under the code, written in the 1700s B.C., twenty-five crimes were punishable by death. These crimes included adultery (cheating on a wife or husband) and helping slaves escape. Murder was not one of the twenty-five crimes."

At 5:45 a.m. on Aug. 14, 1936, Rainey Bethea became the last person to be publicly executed in the US. Bethea was hanged for raping and murdering a 70-year-old woman in Owensboro, Kentucky. The execution garnered significant media and public attention because it was the first hanging in the US to be conducted by a woman. At least 20,000 people witnessed Bethea's hanging, which reporters called the "carnival in Owensboro." Several scholars believe Bethea's execution was an important contributor to the eventual ban on public executions in America.

"The baby son of Charles A. Lindbergh is kidnapped from his home in Hopewell, New Jersey. The body of the infant is found in the nearby woods two months later. The incident leads Congress to pass a federal kidnapping statute, popularly known as the Lindbergh Act, that makes the crime a capital offense. Similar 'Lindbergh laws' are enacted in more than 20 states by the end of the decade."

"The first execution by lethal gas in American history [was] carried out in Carson City, Nevada on Feb. 8, 1924. The executed man was [Gee Jon], a member of a Chinese gang who was convicted of murdering a rival gang member. Lethal gas was adopted by Nevada in 1921 as a more humane method of carrying out its death sentences, as opposed to the traditional techniques of execution by hanging, firing squad, or electrocution."

"In Weems v. United States, however, the Court did make a ruling that would significantly affect the debate on the death penalty. Weems concerned a defendant who had been sentenced to fifteen years of hard labor, a heavy fine, and a number of other penalties for the relatively minor crime of falsifying official records. The Court overturned the sentence, ruling that the penalty was too harsh considering the nature of the offense. Ultimately, in the Weems decision, the Court set three important precedents concerning sentencing: 1. Cruel and unusual punishment is defined by the changing norms and standards of society and therefore is not based on historical interpretations. 2. Courts may decide whether a punishment is unnecessarily cruel with regard to physical pain. 3. Courts may decide whether a punishment is unnecessarily cruel with regard to psychological pain."

"In 1897, U.S. Congress passed a bill reducing the number of federal death crimes. In 1907, Kansas took the 'Maine Law' a step further and abolished all death penalties. Between 1911 and 1917, eight more states abolished capital punishment (Minnesota, North Dakota, South Dakota, Oregon, Arizona, Missouri and Tennessee - the latter in all cases but rape). Votes in other states came close to ending the death penalty."

"On August 6, 1890, New York State used an 'electric chair' to carry out the first execution by electrocution. The condemned was murderer William Kemmler. As it turned out, the process was hardly quick or painless. It took two surges of electricity, one of them lasting more than one minute, to kill Kemmler. The electricity burned Kemmler to death. Despite the gruesome procedure, people still thought electrocution was more humane and efficient than previous methods. With some refinements, it soon became the preferred method of execution in the United States."

[ Warning: graphic and potentially emotionally jarring material follows]. A Jan. 4, 1903 video of Thomas Edison electrocuting Topsy the Elephant can be seen here .

"In the 1880s, inventor Thomas Edison started building electrical lighting systems in U.S. cities. Edison's company demonstrated the power of electricity by electrocuting animals (killing them with electricity). These demonstrations led some people to reason that electrocution was a quick and painless form of execution." In 1887, Edison conducted many of these demonstrations in West Orange, NJ where he electrocuted numerous dogs and cats.

The Fourteenth Amendment to the US Constitution is ratified after the Civil War. The amendment extends the Fifth Amendment's protections to the states. The Fourteenth Amendment states: "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The Fourteenth Amendment was cited in the June 29, 1972 Supreme Court case Furman v. Georgia which ruled the death penalty unconstitutional as administered. The Fourteenth Amendment was also cited in the Mar. 1, 2005 Supreme Court case Roper v. Simmons which ruled the death penalty unconstitutional for offenders under the age of 18.

William W. Van Alstyne, JD "The Fourteenth Amendment, the 'Right' to Vote, and the Understanding of the Thirty-Ninth Congress," Supreme Court Review, 1965

"The first state to outlaw the death penalty for all crimes, including treason, was Rhode Island, in 1852; Wisconsin was the second state to do so a year later."

"In 1846, the state of Michigan abolished the death penalty for all crimes, except treason, and replaced the death penalty with life imprisonment. The law took effect the next year, making Michigan, for all intents and purposes, the first English-speaking jurisdiction in the world to abolish capital punishment."

"Scores of legislative reports, newspaper articles, and essay on capital punishment flooded the reading public in the 1840s, but few of those works differed substantially from O'Sullivan's report and Cheever's book. When the Broadway Tabernacle in New York decided to sponsor a series of public debates, no question was as controversial as capital punishment and no two opponents as well known as O'Sullivan and Cheever...For three evenings, January 27, February 3, and February 17, 1843, O'Sullivan and Cheever debated the question 'Ought Capital Punishment to Be Abolished?'...The debate between O'Sullivan and Cheever also demonstrated the shift from an emphasis on reforming criminals to a preoccupation with the deterrent effect of punishment. Opponents of capital punishment argued that life in prison served as a powerful enough deterrent; defenders of the death penalty insisted that imprisonment could never deter as effectively as the threat of death."

Starting around 1833, "public executions were attacked as cruel. Sometimes tens of thousands of eager viewers would show up to view hangings; local merchants would sell souvenirs and alcohol. Fighting and pushing would often break out as people jockeyed for the best view of the hanging or the corpse! Onlookers often cursed the widow or the victim and would try to tear down the scaffold or the rope for keepsakes. Violence and drunkenness often ruled towns far into the night after 'justice had been served.'Many states enacted laws providing private hangings. Rhode Island (1833), Pennsylvania (1834), New York (1835), Massachusetts (1835), and New Jersey (1835) all abolished public hangings. By 1849, fifteen states were holding private hangings. This move was opposed by many death penalty abolitionists who thought public executions would eventually cause people to cry out against execution itself. For example, in 1835, Maine enacted what was in effect a moratorium on capital punishment after over ten thousand people who watched a hanging had to be restrained by police after they became unruly and began fighting. All felons sentenced to death would have to remain in prison at hard labor and could not be executed until one year had elapsed and then only on the governor's order. No governor ordered an execution under the 'Maine Law' for twenty-seven years."

"Shortly after it revived state death penalty schemes in(1976), the U.S. Supreme Court was asked [in] to determine whether the Eighth Amendment's ban on cruel and unusual punishments prohibited the death penalty for rape...Justice Bryon White's plurality opinion for the Supreme Court [in a 7-2 vote on June 29, 1977] reversed the sentence, finding the death penalty disproportionate to the crime of raping an adult woman."

Gregg gave states the green light to implement the death penalty, as long as juries received adequate guidance. Half a year later, on January 17, 1977, the first execution in the United States since June 1967 took place. The condemned man was Gary Gilmore, convicted in Utah of murder. Like Wallace Wilkerson in the Utah Territory a century earlier, Gilmore was executed by firing squad - at his request."

- Gary Gilmore Becomes the First Person to Be Executed in the United States in 10 Years

"The Supreme Court reaffirmed the constitutionality of capital punishment for aggravated murder in [the July 2, 1976, 7-2 decision]. The question presented to the Court in this case was whether the imposition of capital punishment under Georgia's revised death penalty statute was prohibited under the Eighth and Fourteenth Amendment to the federal Constitution... On appeal, the U.S. Supreme Court affirmed Gregg's conviction and death sentence because Georgia's revised death penalty statute provided for bifurcated trials, consideration of mitigating circumstances of the defendant and the crime, and appellate review of capital sentences. The Court affirmed these guidelines because Georgia intended them to prevent arbitrary and discriminatory imposition of the death penalty."

"The National Conference of Catholic Bishops speaks out against capital punishment in a reversal of the traditional Roman Catholic Church position supporting the death penalty as a legitimate means of self-protection for the state."

"In Furman v. Georgia, the Supreme Court ruled 5-4 on June 29, 1972 that in all cases before the court, the death penalty as administered violated the Eight and Fourteenth Amendments. Of the five Supreme Court Justices, William Brennan and Thurgood Marshall were alone in declaring the death penalty unconstitutional as a form of punishment entirely. Justice Brennan was sweeping in his indictment, claiming the death penalty was unconstitutional for any crime, any person, using any method. All five justices concurred on the grounds of arbitrariness. Specifically, Justice Stewart proclaimed that the decisions were randomly made as if 'being struck by lightening.' At the same time the death penalty was declared random, it was also declared discriminatory in its application... The Furman decision invalidated the death penalty statutes in several states. Thirty-five states responded to this ruling, not by abolishing capital punishment, but by using Furman as a guideline for developing a constitutionally acceptable statute. During this moratorium, hundreds of sentences were commuted to life imprisonment."

"Witherspoon v. Illinois: The Supreme Court rules that the practice of excluding prospective jurors who have reservations about the death penalty from capital trials results in juries whose sentencing decisions could be considered biased and therefore unconstitutional."

"The movement against capital punishment revived again between 1955 and 1972. England and Canada completed exhaustive studies which were largely critical of the death penalty and these were widely circulated in the U.S. Death row criminals gave their own moving accounts of capital punishment in books and film. Convicted kidnapper Caryl Chessman published Cell 2455 Death Row and Trial by Ordeal. Barbara Graham's story was utilized in book and film with I Want to Live! after her execution. Television shows were broadcast on the death penalty. Hawaii and Alaska ended capital punishment in 1957, and Delaware did so the next year. Controversy over the death penalty gripped the nation forcing politicians to take sides. Delaware restored the death penalty in 1961. Michigan abolished capital punishment for treason in 1963. Voters in 1964 abolished the death penalty in Oregon. In 1965 Iowa, New York, West Virginia, and Vermont ended the death penalty. New Mexico abolished the death penalty in 1969. Trying to end capital punishment state-by-state was difficult at best, so death penalty abolitionists turned much of their efforts to the courts."

"Julius Rosenberg, 33, and his 35-year-old wife, Ethel, were accused of stealing technical information from the atom research centre in Los Alamos and turning it over to the KGB... The Rosenbergs were sentenced to death on 5 April 1951 and despite numerous appeals for clemency were executed by the electric chair at Sing-Sing Prison on 19 June 1953. They were the only people in the United States ever executed for Cold War espionage, and their conviction fuelled US Senator Joseph McCarthy's anti-communist crusade against 'anti-American activities" by US citizens."

"In one case (Louisiana ex rel Francis v. Resweber, 329 U.S. 459 (1947) the Court confronted the situation of a young man who was condemned to die in the electric chair. For some reason, the chair was faulty, and although electric current apparently shot through the man, he survived. The issue was whether a second electrocution could proceed or whether it was barred by the constitutional proscription of cruel and unusual punishment, double jeopardy and other violations of due process. [US Supreme Court Justice] Frankfurter, finding that the chair's deficiency was entirely accidental, concurred in the decision of the [5-4] majority of the Supreme Court that nothing in the Constitution prevented the state from proceeding with a second execution, but he also implied that the situation was one in which a governor might be expected to intercede with executive clemency. Not content with this, Frankfurter, after the opinion was filed, wrote a personal letter to the governor urging the extension of mercy... The governor allowed the execution."

Willie Francis photographed in his cell the evening of the first attempt to execute him Source: www.executedtoday.com (accessed Jan. 8, 2010)

"It was for the execution of a deserter, Private Eddie Slovik, he thereby achieving the unique distinction of being the only American soldier to be executed in that manner since 1864. During the Second World War 2,648 soldiers were tried by General Courts Martial, 49 being sentenced to death. They were all reprieved, their sentences being commuted to varying terms of imprisonment, but it was obviously felt that an example had to be made in Slovik's case, and all appeals for clemency were denied."

German national Walter LaGrand was executed in an Arizona gas chamber on Mar. 3, 1999. In addition to US courts, his case was also heard by the International Court of Justice in the Hague, where "Judge Christopher Weeramantry of Sri Lanka urged the US Government to use 'all the measures at its disposal' to prevent the execution. Germany asked the world court to intervene after Arizona Governor Jane Hull rejected appeals from German Chancellor Gerhard Schroeder and Foreign Minister Joschka Fischer to stop the execution. Germany does not have the death penalty and contends Arizona failed to advise the LaGrand brothers of their right to consular assistance at their trials. The LaGrands were born in Germany but came to the United States when they were children." LaGrand twice refused offers of lethal injection and reportedly chose the gas chamber to protest the death penalty. As of Apr. 21, 2010, LaGrand is the last prisoner to be executed by the gas chamber.

"On February 3, 1997, the ABA therefore took action that it hoped would focus more attention on systemic problems and lack of fairness in the application of the death penalty in the United States. While taking no position on the death penalty per se, the ABA adopted a resolution initiated by the Section of Individual Rights and Responsibilities that urges a halt to executions until concerns about capital punishment in the U.S. are addressed. Specifically, the resolution calls for capital jurisdictions to impose a moratorium on all executions until they can (1) ensure that death penalty cases are administered fairly and impartially, in accordance with due process, and (2) minimize the risk that innocent persons may be executed."

"Over the past decade, death penalty proponents have made successful efforts at both the state and federal level to streamline the capital appeals process and expedite executions. The most significant of these efforts is the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Capital punishment proponents argued that death row inmates abused the writ of habeas corpus by filing multiple, repetitive petitions. Congress passed AEDPA to restrict the availability of federal habeas relief in several significant manners." The bill passed 293-133-7 in the House of Representatives and 91-8-1 in the Senate. It was signed into law on Apr. 24, 1996.

Convicted double-murder Bill Bailey was executed by hanging on Jan. 25, 1996 in Delaware. Bailey was the third person executed by hanging since the death penalty was reinstated in 1976 and the first hanging in Delaware since 1946. As of Apr. 21, 2010, Bailey was the last person executed by hanging in the United States.

In 1994, Sister Helen Prejean released a book [titled Dead Man Walkingabout her role as spiritual adviser for two death row inmates. The book was adapted into an Academy-Award-winning film starring Susan Sarandon and Sean Penn. The popularity of the film [Dead Manled to increased levels of public discourse on the morality of the death penalty.

Kirk Bloodsworth was released from prison on June 28, 1993 after a DNA test showed that a semen stain on the underwear of the 9-year-old girl he was twice convicted of raping and killing was not his. Bloodsworth spent one year awaiting trial, two years on death row, and then six years in prison after his death sentence was commuted to a life sentence before being exonerated. Bloodsworth is the first prisoner to have served time on death row to be exonerated with DNA testing. He received $300,000 in compensation for wrongful imprisonment and was granted a full pardon in Dec. 1994 by Maryland Governor William Donald Schaefer.

"The Supreme Court in Herrera v. Collins held [in a 6-3 vote on Jan. 25, 1993] that a death-row inmate is not ordinarily entitled to relief where a claim of innocence is based on newly discovered evidence, unless the claim also includes an independent constitutional violation. The Supreme Court found that there is no due process violation in the execution of someone who was arguably innocent."

- Supreme Court Rules New Evidence of Innocence Does Not Entitle Prisoners to Be Freed Unless Also a Constitutional Violation

"After an extraordinary bicoastal judicial duel kept his fate in doubt throughout the night, Robert Alton Harris died in San Quentin's gas chamber at sunrise Tuesday, becoming the first person executed in California in 25 years. Harris, 39, was pronounced dead at 6:21 a.m., just 36 minutes after the U.S. Supreme Court overturned the last of four overnight reprieves that delayed his execution by more than six hours.Earlier Tuesday, a seemingly jaunty Harris came within seconds of death but was rescued by a federal judge, who halted the execution even as the acid used to form the lethal gas flowed into a vat beneath the prisoner's seat. That final stay was quickly tossed out by the U.S. Supreme Court, which clearly had had its fill of the Harris case. In an unprecedented ruling that capped a night of coast-to-coast faxes and deliberations the justices voted 7 to 2 to forbid any federal court from meddling further in the execution."

"The main issue the Supreme Court considered in Thompson v. Oklahoma was whether it is constitutional to execute a person who was a 'child' at the time he committed the offense. Thompson's attorneys argued that he should not be executed because this would violate Thompson's rights, as a 'child,' under the Eighth Amendment, which forbids 'cruel and unusual punishment.'In June 1988 the U.S. Supreme Court ruled, in a [5-3] majority decision, to vacate the order to execute Thompson. The majority opinion by Justice John Paul Stevens noted that 'evolving standards of decency that mark the progress of a maturing society' compelled the conclusion that it would be unconstitutional under the Eighth Amendment of the Constitution to execute a person for a crime committed as a fifteen-year-old."

"In 1987, Hugo Bedau and Michael Radelet published a landmark study [in the Stanford Law Review] (5 MB) documenting 350 cases involving defendants convicted of capital crimes in the United States between 1900 and 1985 and who were later found to be innocent. In the decade following the publication of that study, scores of additional death row inmates were discovered to have been falsely convicted, largely through the emergence of DNA evidence."

"In 1986, California Chief Justice Rose Bird and two other 'liberal' members of the state supreme court were ousted in a retention election. The election followed a bitter campaign that centered on the three justices' records in death penalty cases."

"[In] Ford v. Wainwright, 1986, the U.S. Supreme Court held [in a 5-4 vote on June 26, 1986] that the execution of an insane prisoner was an unconstitutional violation of the Eighth Amendment prohibition of cruel and unusual punishment."

"Barefoot v. Estelle: The Supreme Court upholds expedited federal review procedures in death penalty appeals [in a 6-3 vote on July 26, 1983] and also upholds the prosecution's right to present psychiatric evidence regarding a defendant's future dangerousness during the penalty phase of a capital trial."

"In 1977, an Oklahoma medical examiner named Jay Chapman proposed that death-row inmates be executed using three drugs administered in a specific sequence: a barbiturate (to anesthetize inmates), pancuronium bromide (to paralyze inmates and stop their breathing) and lastly potassium chloride (which stops the heart)... Chapman's proposal was approved by the Oklahoma state legislature the same year and quickly adopted by other states...[On Dec. 7, 1982,] Texas became the first to use the procedure, executing 40-year-old Charles Brooks for murdering Fort Worth mechanic David Gregory."

"The United States Supreme Court (Endmund v. Florida) overturns [in a 5-4 vote on July 2, 1982] the death sentence of a man who was convicted of the robbery and murder of an elderly couple in Florida. Endmund had not directly participated in the murders himself, but had only drive the getaway car. This was enough, under Florida law, to make him a 'constructive aider and abettor' in the killings, and so liable to the death penalty. However, a majority of five of the Supreme Court justices rules that this is not enough to subject him to the death penalty, since they find Endmund had no intent to kill."

"The debate about the role of doctors in executions was never addressed seriously until legislation in 1977 in the states of Oklahoma and Texas introduced execution by lethal injection onto their statutes. This started a vigorous discussion with the weight of argument being against participation. In 1980, the Judicial Affairs Committee on the American Medical Association approved a statement recalling that the doctor's role was to preserve life where there was a possibility of doing so and that the only possible role for a doctor at an execution was to certify the death of the prisoner." In June 1980, the House of Delegates of the AMA approved the resolution.

"Use of capital punishment by states continues its steady decline, with fewer death sentences handed down in 2009 than any year since the death penalty was reinstated by the Supreme Court in 1976. Year-end figures released Friday by the Death Penalty Information Center (DPIC) show 11 states are now considering abolishing executions, with many legislators citing high costs associated with incarcerating and handling often decades-long appeals by death row inmates... Fifty-two inmates were executed this year in 11 states... As in previous years, Texas in 2009 led the states in executions, with 24 -- four times as many as the next-highest, Alabama... Nine men who had been sentenced to death were exonerated and freed in 2009, most after new DNA or other forensic testing cleared them, or raised doubts their culpability. That is the second highest total since the death penalty was reinstated 33 years ago."

"On Dec. 8, 2009, Ohio prison officials executed a death row inmate, Kenneth Biros, with a one-drug intravenous lethal injection, a method never before used on a human. The new method, which involved a large dose of anesthetic, akin to how animals are euthanized, has been hailed by most experts as painless and an improvement over the three-drug cocktail used in most states, but it is unlikely to settle the debate over the death penalty. While praising the shift to a single drug, death penalty opponents argue that Ohio's new method, and specifically its backup plan of using intra-muscular injection, has not been properly vetted by legal and medical experts and that since it has never been tried out on humans before, it is the equivalent of human experimentation. But the United States Supreme Court refused to intervene and the procedure went largely as planned."

"Gov. Bill Richardson, who has supported capital punishment, signed legislation to repeal New Mexico's death penalty, calling it the 'most difficult decision in my political life.'The new law replaces lethal injection with a sentence of life in prison without the possibility of parole. The repeal takes effect on July 1, and applies only to crimes committed after that date. 'Regardless of my personal opinion about the death penalty, I do not have confidence in the criminal justice system as it currently operates to be the final arbiter when it comes to who lives and who dies for their crime,' Richardson said."

"A divided U.S. Supreme Court barred the death penalty for the crime of child rape, saying a Louisiana man's execution would violate the constitutional ban on cruel and unusual punishment. The justices, voting 5-4 [in Kennedy v. Louisiana on June 25, 2008], spared Patrick Kennedy from becoming the first person since 1964 to be executed in the U.S. for a crime other than murder. Kennedy was convicted of raping his 8-year-old stepdaughter.`The death penalty is not a proportional punishment for the rape of a child,' Justice Anthony Kennedy wrote for the court. The ruling extends a line of Supreme Court cases that have restricted the circumstances in which the death penalty can be applied. It also underscores Kennedy's significance as the court's deciding vote on many social issues. The court divided along ideological lines. Justices Stephen Breyer, John Paul Stevens, David Souter and Ruth Bader Ginsburg joined the majority. Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented."

"The U.N. General Assembly passed a nonbinding resolution on Tuesday calling for a moratorium on the death penalty, overcoming protests from a bloc of states that said it undermined their sovereignty. The resolution (30 KB), which calls for 'a moratorium on executions with a view to abolishing the death penalty,' was passed by a 104 to 54 vote, with 29 abstentions...Two similar moves in the 1990s failed in the assembly. The resolution's text stops short of an outright demand for immediate abolition; it carries no legal force but backers say it has powerful moral authority. Among nations who voted against were Egypt, Iran, Singapore, the United States and a bloc of Caribbean states. Eighty-seven countries -- including the 27 European Union states, more than a dozen Latin American countries and eight African states -- jointly introduced the resolution, though opponents singled out the EU as the driving force."

"The US joined its arch-foe Iran today in hailing the justice of Saddam Hussein's execution, but European powers opposed the use of capital punishment even though they condemned the former dictator's crimes in Iraq. US president George Bush said Saddam had received the kind of justice he denied his victims.Some key US allies expressed discomfort at the execution. And Russia, which opposed the March 20, 2003 invasion to oust the dictator, and the Vatican expressed regret at the hanging which some Muslim leaders said would exacerbate the violence in Iraq."

"Perhaps the most controversial death penalty decision by the Supreme Court in recent years was that handed down in 2005 in Roper v. Simmons. This ruling overturned a 1989 Supreme Court decision in Stanford v. Kentucky, which allowed the execution of persons who were age 16 or 17 at the time they committed their crimes. In Roper, the Court held that the execution of a person under the age of 18 is disproportionate punishment under the Eighth Amendment and, therefore, is cruel and unusual punishment."

"New York State's highest court ruled yesterday that a central provision of the state's capital punishment law violated the State Constitution. Lawyers said the ruling would probably spare the lives of the four men now on death row and effectively suspend the death penalty in New York. The 4-to-3 ruling from the State Court of Appeals in Albany went well beyond the particulars of a single case, giving opponents of the law an important victory. Besides the four death-row inmates, lawyers said, it could spare the lives of nine defendants fighting capital cases and more than 30 others whose murder cases are in early stages… [T]he court's majority said, ‘Under the present statute, the death penalty may not be imposed.'"

"In Ring v. Arizona (2002), the Supreme Court ruled [7-2 on June 24, 2002] that juries, rather than judges, must make the crucial factual decisions as to whether a convicted murderer should receive the death penalty. Ring v. Arizona overturned the law of that and four others - Colorado, Idaho, Montana, and Nebraska - where judges alone decided whether there were aggravating factors that warrant capital punishment. The decision also raised questions about the procedure in four other states - Alabama, Delaware, Florida, and Indiana - where the judge decided life imprisonment or death after hearing a jury's recommendation. The Ring opinion also says that any aggravating factors must be stated in the indictment, thus also requiring a change in federal death penalty laws."

"The Constitution bars the execution of mentally retarded offenders, the Supreme Court declared today in a landmark death penalty ruling based on the majority's view that a 'national consensus' now rejected such executions as excessive and inappropriate. Of the 38 states that have a death penalty, 18 now prohibit executing the retarded, up from 2 when the court last considered the question in 1989. This 'dramatic shift in the state legislative landscape,' especially when anticrime legislation is extremely popular, 'provides powerful evidence that today our society views mentally retarded offenders as categorically less culpable than the average criminal,' Justice John Paul Stevens wrote for the 6-to-3 majority" on June 20, 2002.

Oklahoma City bomber Timothy McVeigh becomes the first federal prisoner to be executed in 38 years. McVeigh was responsible for the death of 168 people in the bombing of the Alfred P. Murrah Building in Oklahoma City on Apr. 19, 1995.

In 2000, Texas led the US in executions with 40 inmates being put to death. Oklahoma followed with 11, Virginia with 8, and Florida with 6 executions. Between 1976 and Mar. 30, 2010, Texas executed 452 inmates. Virginia came in second most with 106 executions and Oklahoma in third with 92 executions. Between Jan. 17, 1995 and Dec. 21, 2000, Texas Governor George W. Bush presided over the execution of 150 men and two women, more than any other governor since the death penalty was reinstated in 1976. Governor Bush received a summary from his legal counsel before each execution to determine whether or not to allow the execution to proceed. The first fifty-seven summaries were prepared by Alberto R. Gonzales, who served as US Attorney General under President Bush between Feb. 3, 2005 and Sep. 17, 2007. Governor Bush granted one clemency during his term in office.

"In 2000, Illinois Governor George Ryan declared a moratorium on the death penalty in response to the exonerations that were revealing persistent errors in the administration of capital punishment. Since the death penalty was reinstated in that state in 1977, 12 death row inmates had been executed and 13 were exonerated. In 2003, he granted clemency to all 167 persons on the state's death row. His actions were fiercely attacked by capital-punishment advocates who accused him of abusing his power but were applauded both by legal scholars across country and by the growing movement to abolish the death penalty."

- Last Execution by Firing Squad Utah Attorney General Mark Shurtleff Announces on Twitter He Had Given Final Approval for Gardner's Execution

Source: www.twitter.com (accessed June 18, 2010) TIME Magazine "Ronnie Lee Gardner Executed By Firing Squad," TIME website, June 18, 2010 "Utah executed convicted killer Ronnie Lee Gardner after midnight this morning by firing squad. He becomes just the third person [all in Utah] in the last 33 years to be executed by being shot and likely one of the last. Utah has eliminated the firing squad (Gardner, convicted before the legal change, was grandfathered in) and it only remains legal as a means of execution in Oklahoma - even then, only as a backup. Gardner’s attorney said he chose the method of execution because it was 'more humane' than a lethal injection. A hood was placed over Gardner's head and a paper target pinned to his chest. He was heavily restrained as a five-person firing squad took aim at the target and shot him, witnesses said... Gardner, 49, was convicted for the shooting death of attorney Michael Burdell during a botched escape attempt from custody in 1985 at a Salt Lake City, Utah, courthouse."

- Lethal Drug Shortage Delays Executions in Kentucky "Some states are delaying executions because of a shortage of sodium thiopental, a drug used as an anesthetic and given to prisoners during lethal injections. It's one of three drugs used for lethal injection in more than 30 states...



Some states have been trying to get additional supplies of the drug for months. In August, Gov. Steve Beshear was asked to sign death warrants for three prisoners in Kentucky but could set only one execution date because it only had a single dose.



'We've had the drug on back order since March,' says Todd Henson, a spokesman for the Kentucky Department of Corrections. 'The company that supplies it to us advised that they were unable to produce it because they weren't able to get the active ingredient from their supplier.'



Hospira, based in Lake Forest, Ill., is apparently the only manufacturer of the drug. The company has told Kentucky officials it won't be available until early next year." National Public Radio (NPR) "States Delay Executions Owing to Drug Shortage," npr.org, Sep. 16, 2010 "Some states are delaying executions because of a shortage of sodium thiopental, a drug used as an anesthetic and given to prisoners during lethal injections. It's one of three drugs used for lethal injection in more than 30 states...Some states have been trying to get additional supplies of the drug for months. In August, Gov. Steve Beshear was asked to sign death warrants for three prisoners in Kentucky but could set only one execution date because it only had a single dose.'We've had the drug on back order since March,' says Todd Henson, a spokesman for the Kentucky Department of Corrections. 'The company that supplies it to us advised that they were unable to produce it because they weren't able to get the active ingredient from their supplier.'Hospira, based in Lake Forest, Ill., is apparently the only manufacturer of the drug. The company has told Kentucky officials it won't be available until early next year."

- Woman with 72 IQ Executed in Virginia "Teresa Lewis was put to death in Virginia on Thursday for arranging the killings of her husband and a stepson over a $250,000 insurance payment. The 41-year-old was the first woman to be executed in the United States in five years... More than 7,300 appeals to stop the execution - the first of a woman in Virginia since 1912 - had been made to the governor in a state second only to Texas in the number of people it executes. Texas held the most recent U.S. execution of a woman in 2005. Out of more than 1,200 people put to death since the U.S. Supreme Court reinstated capital punishment in 1976, only 11 have been women. Lewis, who defense attorneys said was borderline mentally disabled, had inspired other inmates by singing Christian hymns in prison. Her execution stirred an unusual amount of attention because of her gender, claims she lacked the intelligence to mastermind the killings and the post-conviction emergence of defense evidence that one of the triggermen manipulated her." Under US law, anyone with an execution under 70 cannot be executed. Lewis was judged to have an IQ of 72." CBS News "Teresa Lewis Execution: Virginia Executes Woman Amid Outcry," cbsnews.com, Sep. 24, 2010 "Teresa Lewis was put to death in Virginia on Thursday for arranging the killings of her husband and a stepson over a $250,000 insurance payment. The 41-year-old was the first woman to be executed in the United States in five years... More than 7,300 appeals to stop the execution - the first of a woman in Virginia since 1912 - had been made to the governor in a state second only to Texas in the number of people it executes. Texas held the most recent U.S. execution of a woman in 2005. Out of more than 1,200 people put to death since the U.S. Supreme Court reinstated capital punishment in 1976, only 11 have been women. Lewis, who defense attorneys said was borderline mentally disabled, had inspired other inmates by singing Christian hymns in prison. Her execution stirred an unusual amount of attention because of her gender, claims she lacked the intelligence to mastermind the killings and the post-conviction emergence of defense evidence that one of the triggermen manipulated her." Under US law, anyone with an execution under 70 cannot be executed. Lewis was judged to have an IQ of 72."

- Sole Firm Stops Making Key Death Penalty Drug Sodium Pentothal

Source: www.addictionsearch.com (accessed Jan. 21, 2011) Los Angeles Times "Maker of Anesthetic Used in Executions Is Discontinuing Drug" latimes.com, Jan. 22, 2011 "The sole U.S. maker of the anesthetic used in executions announced Friday [Jan. 21, 2011] it would stop manufacturing sodium thiopental to prevent its product from being used to put prisoners to death... Hospira Inc., of Lake Forest, Ill., stopped making its brand of sodium thiopental, Pentothal, at a North Carolina plant early last year because of an unspecified raw material supply problem. When Hospira attempted to move production to a factory in Liscate, Italy, near Milan, Italian authorities demanded assurances that the drug wouldn't end up in the hands of executioners. Hospira spokesman Dan Rosenberg said company officers couldn't make that guarantee and decided instead to ‘exit the sodium thiopental market.'... California corrections officials imported a large quantity of sodium thiopental - enough for about 90 executions - from a British distributor in November, before a public outcry in Britain led to a ban on export of the drug to the United States."

- Connecticut Repeals the Death Penalty "The governor of Connecticut on Wednesday signed into law a repeal of the death penalty, making it the fifth state in recent years to abandon capital punishment. Democratic Gov. Dannel Malloy signed the legislation without fanfare behind closed doors, saying in a statement it was 'a moment for sober reflection, not celebration.'



With the law, which replaces the death penalty with life in prison without the possibility of parole, Connecticut joins 16 other states and the District of Columbia that do not allow capital punishment...



The repeal in Connecticut applies only to future sentences, and the 11 men on its death row now still face execution. However some legal experts have said defense attorneys could use the repeal measure to win life sentences for those inmates." Reuters "Connecticut Abolishes Death Penalty," reuters.com, Apr. 25, 2012 "The governor of Connecticut on Wednesday signed into law a repeal of the death penalty, making it the fifth state in recent years to abandon capital punishment. Democratic Gov. Dannel Malloy signed the legislation without fanfare behind closed doors, saying in a statement it was 'a moment for sober reflection, not celebration.'With the law, which replaces the death penalty with life in prison without the possibility of parole, Connecticut joins 16 other states and the District of Columbia that do not allow capital punishment...The repeal in Connecticut applies only to future sentences, and the 11 men on its death row now still face execution. However some legal experts have said defense attorneys could use the repeal measure to win life sentences for those inmates."

- Maryland Becomes 18th State to Repeal the Death Penalty "Maryland's governor signed a bill Thursday repealing the death penalty. The legislation goes into effect October 1. In those cases in which the state has filed a notice to seek a death sentence, ‘the notice shall be considered withdrawn and it shall be considered a notice to seek a sentence of life imprisonment without the possibility of parole under specified circumstances,’ according to a press release from the office of Governor Martin O'Malley." CNN (Cable News Network) "Maryland Governor Signs Death Penalty Repeal," cnn.com, May 2, 2013 "Maryland's governor signed a bill Thursday repealing the death penalty. The legislation goes into effect October 1. In those cases in which the state has filed a notice to seek a death sentence, ‘the notice shall be considered withdrawn and it shall be considered a notice to seek a sentence of life imprisonment without the possibility of parole under specified circumstances,’ according to a press release from the office of Governor Martin O'Malley."

- US Death Penalty Support at Lowest Level in over 40 Years "Sixty percent of Americans say they favor the death penalty for convicted murderers, the lowest level of support Gallup has measured since November 1972, when 57% were in favor. Death penalty support peaked at 80% in 1994, but it has gradually declined since then." Gallup "U.S. Death Penalty Support Lowest in More Than 40 Years," gallup.com, Oct. 29, 2013 "Sixty percent of Americans say they favor the death penalty for convicted murderers, the lowest level of support Gallup has measured since November 1972, when 57% were in favor. Death penalty support peaked at 80% in 1994, but it has gradually declined since then."

- Washington State Governor Suspends the Death Penalty "The governor of Washington, Jay Inslee, announced Tuesday that no executions would take place in the state while he remained in office, despite the fact that the death penalty was legal there. Citing 'problems that exist in our capital punishment system,' Mr. Inslee, a Democrat, said he would issue a reprieve in any death penalty case that crossed his desk, though he would not let any death row prisoners go free. A future governor could reverse this action, he noted, and order an execution to be carried out… Though Mr. Inslee had previously supported the death penalty, he said, ‘My responsibilities as governor have led me to re-evaluate that position.'" New York Times "Executions Are Suspended by Governor in Washington," by Ian Lovett, nytimes.com, Feb. 11, 2014 "The governor of Washington, Jay Inslee, announced Tuesday that no executions would take place in the state while he remained in office, despite the fact that the death penalty was legal there. Citing 'problems that exist in our capital punishment system,' Mr. Inslee, a Democrat, said he would issue a reprieve in any death penalty case that crossed his desk, though he would not let any death row prisoners go free. A future governor could reverse this action, he noted, and order an execution to be carried out… Though Mr. Inslee had previously supported the death penalty, he said, ‘My responsibilities as governor have led me to re-evaluate that position.'"

- Tennessee Passes Law Allowing the State to Electrocute Death Row Inmates Picture of Tennessee Electric Chair at Riverbend Maximum Security Institution in Nashville, TN.

Source: Scott Neuman, "Tennessee Gov. OKs Allowing Electric Chair for Executions," npr.org, May 22, 2014 Associated Press (AP) “Tennessee Brings Back Electric Chair,” bigstory.ap.org, May 23, 2014 "Republican Gov. Bill Haslam signed a bill into law Thursday [May 22, 2014] allowing the state to electrocute death row inmates in the event prisons are unable to obtain the [lethal injection] drugs, which have become more and more scarce following a European-led boycott of drug sales for executions. Tennessee lawmakers overwhelmingly passed the electric chair legislation in April, with the Senate voting 23-3 and the House 68-13 in favor of the bill. Tennessee is the first state to enact a law to reintroduce the electric chair without giving prisoners an option… The decision comes as lethal injection is receiving more scrutiny as an execution method."

- California’s Death Penalty Violates US Constitution, Rules Federal Judge "A federal judge in Orange County [US District Judge Cormac J. Carney] ruled Wednesday [on a petition by death row inmate Ernest Dewayne Jones] that California's death penalty violates the U.S. Constitution's ban on cruel and unusual punishment… Carney said the state's death penalty has created long delays and uncertainty for inmates, most of whom will never be executed. He noted that more than 900 people have been sentenced to death in California since 1978 but only 13 have been executed... Natasha Minsker, a director of the ACLU of Northern California, said Wednesday's ruling marked the first time that a federal judge had found the state's current system unconstitutional. She said it was also 'the first time any judge has ruled systemic delay creates an arbitrary system that serves no legitimate purpose and is therefore unconstitutional.'" Los Angeles Times "Federal Judge Rules California Death Penalty Is Unconstitutional," latimes.com, July 16, 2014 "A federal judge in Orange County [US District Judge Cormac J. Carney] ruled Wednesday [on a petition by death row inmate Ernest Dewayne Jones] that California's death penalty violates the U.S. Constitution's ban on cruel and unusual punishment… Carney said the state's death penalty has created long delays and uncertainty for inmates, most of whom will never be executed. He noted that more than 900 people have been sentenced to death in California since 1978 but only 13 have been executed... Natasha Minsker, a director of the ACLU of Northern California, said Wednesday's ruling marked the first time that a federal judge had found the state's current system unconstitutional. She said it was also 'the first time any judge has ruled systemic delay creates an arbitrary system that serves no legitimate purpose and is therefore unconstitutional.'" [Editor’s Note: On Aug. 21, 2014, California Attorney General Kamala Harris announced that she will appeal US District Judge Cormac J. Carney’s lower court decision to the US 9th Circuit Court of Appeals, “because it is not supported by the law, and it undermines important protections that our courts provide to defendants. This flawed ruling requires appellate review.” On Nov. 12, 2015, a three-judge panel of the US 9th Circuit Court of Appeals overturned the ruling of US District Judge Cormac J. Carney. The court did not address the question of whether California’s death penalty was constitutional.]

- Pennsylvania Governor Declares Death Penalty Moratorium "Pennsylvania Gov. Tom Wolf halted all executions in his state Friday, citing the state's 'error prone' justice system and 'inherent biases' among his reasons for the moratorium... Wolf, a Democrat who ran his family's cabinet manufacturing business before becoming governor in January, said the moratorium would be in place until a task force examining capital punishment in Pennsylvania issues its final report." CNN (Cable News Network) "Pennsylvania Governor Halts Death Penalty While 'Error Prone' System Reviewed," cnn.com, Feb. 14, 2015 "Pennsylvania Gov. Tom Wolf halted all executions in his state Friday, citing the state's 'error prone' justice system and 'inherent biases' among his reasons for the moratorium... Wolf, a Democrat who ran his family's cabinet manufacturing business before becoming governor in January, said the moratorium would be in place until a task force examining capital punishment in Pennsylvania issues its final report."

- Utah Reinstates Use of the Firing Squad for Executions "Utah's governor signed a bill Monday that brings back firing squads as a potential way to execute some death row prisoners. Lethal injection remains the primary method for carrying out executions in the state, Gov. Gary R. Herbert said in a statement. A firing squad would only be used in the event the necessary drugs cannot be obtained… Utah banned death by firing squad in 2004, though inmates who chose that option before the law changed still ended up being shot to death. The last execution by firing squad was in 2010, and it was also the most recent execution in Utah." CNN (Cable News Network) “Utah to Allow Firing Squads for Executions,” cnn.com, Mar. 23, 2015 "Utah's governor signed a bill Monday that brings back firing squads as a potential way to execute some death row prisoners. Lethal injection remains the primary method for carrying out executions in the state, Gov. Gary R. Herbert said in a statement. A firing squad would only be used in the event the necessary drugs cannot be obtained… Utah banned death by firing squad in 2004, though inmates who chose that option before the law changed still ended up being shot to death. The last execution by firing squad was in 2010, and it was also the most recent execution in Utah."

- Nebraska Legislature Abolishes the Death Penalty Nebraska State Senators Rick Kolowski (left) and Ernie Chambers (right) celebrate the override of the governor's veto.

Source: "Hours of Suspense, Emotion Lead up to a Landmark Vote for Legislatures on Repealing Death Penalty," omaha.com New York Times "Nebraska Abolishes Death Penalty," nytimes.com, May 27, 2015 "Nebraska on Wednesday became the first conservative state in more than 40 years to abolish the death penalty... By a 30 to 19 vote that cut across party lines, the Legislature overrode the governor's veto on Tuesday of a bill repealing the state's death penalty law. The measure garnered just enough votes to overcome the veto... The vote at the State Capitol here capped a monthslong battle that pitted most lawmakers in the unicameral Legislature against the governor, many law enforcement officials and some family members of murder victims whose killers are on death row."

- Supreme Court Upholds Use of Execution Drug Midazolam "The Supreme Court said states can continue to conduct executions using the sedative midazolam, rejecting claims the drug poses too great a risk that condemned prisoners will suffer excruciating pain. The 5-4 decision bitterly split the court on Monday. Justice Samuel Alito, writing for the majority, said the prisoners who brought suit failed to suggest an alternative to midazolam. He added the scarcity of more effective sedatives could be traced to the anti-death-penalty movement, which has pressured pharmaceutical manufacturers to stop supplying execution chambers. Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas joined the majority. In a dissent, Justice Sonia Sotomayor wrote that the majority's position left the condemned men 'exposed to what may well be the chemical equivalent of being burned at the stake.' Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan joined the dissent." Glossip v. Gross Ruling majority decision written by Justice Samuel Alito, June 29, 2015 Wall Street Journal, "Supreme Court Upholds Use of Death-Penalty Drug," by Jess Bravin, June 29, 2015 "The Supreme Court said states can continue to conduct executions using the sedative midazolam, rejecting claims the drug poses too great a risk that condemned prisoners will suffer excruciating pain. The 5-4 decision bitterly split the court on Monday. Justice Samuel Alito, writing for the majority, said the prisoners who brought suit failed to suggest an alternative to midazolam. He added the scarcity of more effective sedatives could be traced to the anti-death-penalty movement, which has pressured pharmaceutical manufacturers to stop supplying execution chambers. Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas joined the majority. In a dissent, Justice Sonia Sotomayor wrote that the majority's position left the condemned men 'exposed to what may well be the chemical equivalent of being burned at the stake.' Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan joined the dissent."

- Connecticut Supreme Court Bans the Death Penalty "Connecticut's top court on Thursday ruled that the state could no longer impose the death penalty, saying that under the state's constitution it amounted to cruel and unusual punishment... The decision followed a 2012 state law that abolished capital punishment for crimes committed after that date but allowed it to be imposed for crimes previously committed... The court noted that the punishment is imposed only rarely, saying there was a 'freakishness' in its use and that there were wide disparities in its application depending on a defendant's race or economic class." Reuters "Connecticut's Top Court Bans Death Penalty in State," reuters.com, Aug. 13, 2015 "Connecticut's top court on Thursday ruled that the state could no longer impose the death penalty, saying that under the state's constitution it amounted to cruel and unusual punishment... The decision followed a 2012 state law that abolished capital punishment for crimes committed after that date but allowed it to be imposed for crimes previously committed... The court noted that the punishment is imposed only rarely, saying there was a 'freakishness' in its use and that there were wide disparities in its application depending on a defendant's race or economic class."

- US Supreme Court Rules That Florida's Death Penalty Is Unconstitutional "The U.S. Supreme Court struck down Florida’s... death penalty, faulting it for giving the jury only an advisory role in deciding whether capital punishment was warranted. The 8-1 ruling came in the case of Timothy Lee Hurst, who was convicted of stabbing a coworker to death in 1998 at a Popeye’s restaurant in Pensacola. A judge sentenced Hurst to death after a jury recommended execution on a 7-5 vote. The high court said Florida’s system violated the U.S. constitutional right to a jury trial because it required the judge to independently assess the circumstances of the crime and the appropriateness of capital punishment... Florida has 400 inmates on death row, second only to California... Now 'every single one of them will bring a Hurst challenge and the lower courts will sort it out in a variety of ways,' said Douglas Berman, a specialist on criminal sentencing who teaches at Ohio State University’s Moritz College of Law." Bloomberg "Florida Death-Sentence System Voided by US Supreme Court," bloomberg.com, Jan. 12, 2016 "The U.S. Supreme Court struck down Florida’s... death penalty, faulting it for giving the jury only an advisory role in deciding whether capital punishment was warranted. The 8-1 ruling came in the case of Timothy Lee Hurst, who was convicted of stabbing a coworker to death in 1998 at a Popeye’s restaurant in Pensacola. A judge sentenced Hurst to death after a jury recommended execution on a 7-5 vote. The high court said Florida’s system violated the U.S. constitutional right to a jury trial because it required the judge to independently assess the circumstances of the crime and the appropriateness of capital punishment... Florida has 400 inmates on death row, second only to California... Now 'every single one of them will bring a Hurst challenge and the lower courts will sort it out in a variety of ways,' said Douglas Berman, a specialist on criminal sentencing who teaches at Ohio State University’s Moritz College of Law."

- Death Penalty Ruled Unconstitutional in Delaware "The Delaware Supreme Court has decided that the state's death penalty law violates the Sixth Amendment. The court was responding to a U.S. Supreme Court decision from a case in January — Hurst v. Florida — that found that Florida's death penalty law violated the Constitution because it gave judges — not juries — ultimate power to impose the death penalty… All pending capital murder trials and the executions of about a dozen prisoners in Delaware were put on hold pending the outcome of the case." National Public Radio (NPR) "Delaware Supreme Court Finds State's Death Penalty Law is Unconstitutional," npr.org, Aug. 2, 2016 "The Delaware Supreme Court has decided that the state's death penalty law violates the Sixth Amendment. The court was responding to a U.S. Supreme Court decision from a case in January — Hurst v. Florida — that found that Florida's death penalty law violated the Constitution because it gave judges — not juries — ultimate power to impose the death penalty… All pending capital murder trials and the executions of about a dozen prisoners in Delaware were put on hold pending the outcome of the case." [Editor’s Note: On Dec. 15, 2016 the Delaware Supreme court ruled that their Aug. 2nd decision should apply retroactively to the 12 men who were on Delaware’s death row.]

- Nebraska Voters Reinstate the Death Penalty "Nebraska voters have restored the death penalty… Voters overturned the Legislature's decision last year to abolish capital punishment. A coalition partially financed by Ricketts [Nebraska’s Governor] launched a ballot drive that placed the issue on the ballot after lawmakers overrode the governor's veto in May 2015. Ricketts says the vote demonstrates clear public support for capital punishment in Nebraska." New York Times “With Death Penalty Back, Nebraska Looks Ahead to Executions,” nytimes.com, Nov. 9, 2016 "Nebraska voters have restored the death penalty… Voters overturned the Legislature's decision last year to abolish capital punishment. A coalition partially financed by Ricketts [Nebraska’s Governor] launched a ballot drive that placed the issue on the ballot after lawmakers overrode the governor's veto in May 2015. Ricketts says the vote demonstrates clear public support for capital punishment in Nebraska."

- Synthetic Opioid Fentanyl Used for the First Time in a Lethal Injection Execution "Prison officials in Nebraska used fentanyl, the powerful opioid at the center of the nation’s overdose epidemic, to help execute a convicted murderer on Tuesday [Aug. 14]. The lethal injection at the Nebraska State Penitentiary was the first time fentanyl had been used to carry out the death penalty in the United States... The four-drug cocktail contained diazepam, a tranquilizer; fentanyl citrate, a powerful synthetic opioid that can block breathing and knock out consciousness; cisatracurium besylate, a muscle relaxant; and potassium chloride, which stops the heart." New York Times Mitch Smith, "Fentanyl Used to Execute Nebraska Inmate, in a First for US," nytimes.com, Aug. 14, 2018 "Prison officials in Nebraska used fentanyl, the powerful opioid at the center of the nation’s overdose epidemic, to help execute a convicted murderer on Tuesday [Aug. 14]. The lethal injection at the Nebraska State Penitentiary was the first time fentanyl had been used to carry out the death penalty in the United States... The four-drug cocktail contained diazepam, a tranquilizer; fentanyl citrate, a powerful synthetic opioid that can block breathing and knock out consciousness; cisatracurium besylate, a muscle relaxant; and potassium chloride, which stops the heart."

- Washington Death Penalty Struck Down by State Supreme Court "Washington’s Supreme Court struck down the state’s death penalty Thursday [Oct. 11, 2018], ruling that it had been used in an arbitrary and racially discriminatory manner. Washington has had a moratorium on executions since 2014, but the ruling makes it the 20th state to do away with capital punishment." Associated Press (AP) "Washington Justices Toss Death Penalty as Arbitrary, Unfair," apnews.com, Oct. 11, 2018 "Washington’s Supreme Court struck down the state’s death penalty Thursday [Oct. 11, 2018], ruling that it had been used in an arbitrary and racially discriminatory manner. Washington has had a moratorium on executions since 2014, but the ruling makes it the 20th state to do away with capital punishment."

- California Governor Declares Death Penalty Moratorium "Gov. Gavin Newsom will sign an executive order on Wednesday [Mar. 13, 2019] to impose a moratorium on the death penalty in California, vowing that no prisoner in the state will be executed while he is in office because of a belief that capital punishment is discriminatory, unjust and 'inconsistent with our bedrock values.' The order will prevent the state from putting prisoners to death by granting temporary reprieves to all 737 condemned inmates on California's death row, the largest in the nation. It will immediately close the execution chamber at San Quentin State Prison and scuttle the state's ongoing efforts to devise a constitutional method for lethal injection. No inmate will be released and no sentence or conviction will be altered, the order says. Newsom joins governors in Oregon, Colorado and Pennsylvania who have imposed moratoriums on executions in those states, all using executive powers. The action runs counter to the expressed will of California voters, who over the last six years rejected two statewide ballot measures to repeal the death penalty and favored fast-tracking the appeals process." Los Angeles Times "Gov. Gavin Newsom to Block California Death Row Executions, Close San Quentin Execution Chamber," latimes.com, Mar. 12, 2019 "Gov. Gavin Newsom will sign an executive order on Wednesday [Mar. 13, 2019] to impose a moratorium on the death penalty in California, vowing that no prisoner in the state will be executed while he is in office because of a belief that capital punishment is discriminatory, unjust and 'inconsistent with our bedrock values.' The order will prevent the state from putting prisoners to death by granting temporary reprieves to all 737 condemned inmates on California's death row, the largest in the nation. It will immediately close the execution chamber at San Quentin State Prison and scuttle the state's ongoing efforts to devise a constitutional method for lethal injection. No inmate will be released and no sentence or conviction will be altered, the order says. Newsom joins governors in Oregon, Colorado and Pennsylvania who have imposed moratoriums on executions in those states, all using executive powers. The action runs counter to the expressed will of California voters, who over the last six years rejected two statewide ballot measures to repeal the death penalty and favored fast-tracking the appeals process."

- New Hampshire Abolishes Death Penalty "New Hampshire is now the 21st U.S. state to have abolished capital punishment, after its legislature voted to override a veto by Republican Gov. Chris Sununu. After a years-long effort to repeal the state's death penalty, the state's Senate voted 16-8 Thursday to finally make it official... The last time New Hampshire executed a convicted murderer was in 1939, but the state does currently have an inmate on death row: Michael Addison, who was convicted of the 2006 killing of Manchester police officer Michael Briggs. The new law would not retroactively apply to Addison." National Public Radio (NPR) "New Hampshire Abolishes Death Penalty as Lawmakers Override Governor's Veto," npr.org, May 30, 2019 "New Hampshire is now the 21st U.S. state to have abolished capital punishment, after its legislature voted to override a veto by Republican Gov. Chris Sununu. After a years-long effort to repeal the state's death penalty, the state's Senate voted 16-8 Thursday to finally make it official... The last time New Hampshire executed a convicted murderer was in 1939, but the state does currently have an inmate on death row: Michael Addison, who was convicted of the 2006 killing of Manchester police officer Michael Briggs. The new law would not retroactively apply to Addison."

- US Federal Government to Resume Use of Death Penalty "The federal government will start carrying out death sentences for the first time in nearly two decades, Attorney General William Barr said Thursday [July 25, 2019], ordering officials to schedule executions for five inmates. The U.S. Bureau of Prisons has not executed anyone since 2003, and it faced legal challenges to how it planned to carry out capital punishment. In reversing the informal moratorium, Barr ordered the government to adopt a new method for executing prisoners, replacing its lethal cocktail with injections of a single drug, pentobarbital... The decision is a reversal by the federal government, which has executed three people since the death penalty was reinstated in 1988. President Donald Trump has frequently advocated for capital punishment." USA Today Kristine Phillips, "Justice Department Resumes Capital Punishment after Nearly Two Decades, Orders Executions of Five Inmates," usatoday, July 25, 2019 "The federal government will start carrying out death sentences for the first time in nearly two decades, Attorney General William Barr said Thursday [July 25, 2019], ordering officials to schedule executions for five inmates. The U.S. Bureau of Prisons has not executed anyone since 2003, and it faced legal challenges to how it planned to carry out capital punishment. In reversing the informal moratorium, Barr ordered the government to adopt a new method for executing prisoners, replacing its lethal cocktail with injections of a single drug, pentobarbital... The decision is a reversal by the federal government, which has executed three people since the death penalty was reinstated in 1988. President Donald Trump has frequently advocated for capital punishment."

- Majority of Americans Support Life in Prison instead of Death Penalty for the First Time in 34 Years "60% say life imprisonment the better punishment, up from 45% in 2014

This marks first time majority supports life in prison over death penalty

56% still broadly favor using the death penalty for convicted murderers For the first time in Gallup's 34-year trend, a majority of Americans say that life imprisonment with no possibility of parole is a better punishment for murder than the death penalty is. The 60% to 36% advantage for life imprisonment marks a shift from the past two decades, when Americans were mostly divided in their views of the better punishment for murder. During the 1980s and 1990s, consistent majorities thought the death penalty was the better option for convicted murderers." Gallup Jeffrey M. Jones, "Americans Now Support Life in Prison over Death Penalty," gallup.com, Nov. 25, 2019 For the first time in Gallup's 34-year trend, a majority of Americans say that life imprisonment with no possibility of parole is a better punishment for murder than the death penalty is. The 60% to 36% advantage for life imprisonment marks a shift from the past two decades, when Americans were mostly divided in their views of the better punishment for murder. During the 1980s and 1990s, consistent majorities thought the death penalty was the better option for convicted murderers."

- Supreme Court Keeps Federal Executions on Hold until Lower Court Ruling "A series of federal executions that were set to begin on Monday [Dec. 9, 2019] will remain on hold, the Supreme Court said on Friday [Dec. 6].



The court's order is a loss for the Trump administration, which announced last July that it would reinstate the federal death penalty after a nearly two-decade lapse.



The Supreme Court denied the government's request to wipe away a lower court opinion that held inmates were likely to succeed in their argument that the new protocol conflicted with federal law...



Justices Samuel Alito, Neil Gorsuch and Brett Kavanaugh wrote separately to say they agreed with the court's decision but that they thought the lower court should be able to decide the case within the next 60 days.



The five federal inmates ordered to be executed are Daniel Lewis Lee, for murdering a family of three, including an 8-year-old girl; Lezmond Mitchell, for murdering a 63-year-old and her 9-year-old granddaughter; Wesley Ira Purkey, for raping and murdering a 16-year-old girl; Alfred Bourgeois, for torturing and killing his own 2-year-old daughter; Dustin Lee Honken, for shooting and killing five people, including two young girls.



Lawyers for the inmates filed an immediate appeal, challenging not the constitutionality of their executions but instead arguing that the government's new lethal injections protocol is unlawful.



A district judge blocked the executions from going forward, holding that the protocol conflicts with the Federal Death Penalty Act, which requires adherence to a state's method of execution.



The judge put the executions on hold, ruling that a delay would not hurt the government, particularly because it has waited several years to announce a new protocol." CNN (Cable News Network) Ariane de Vogue and David Shortell, "Supreme Court Blocks Justice Department from Restarting Federal Executions Next Week," cnn.com, Dec. 6, 2019 "A series of federal executions that were set to begin on Monday [Dec. 9, 2019] will remain on hold, the Supreme Court said on Friday [Dec. 6].The court's order is a loss for the Trump administration, which announced last July that it would reinstate the federal death penalty after a nearly two-decade lapse.The Supreme Court denied the government's request to wipe away a lower court opinion that held inmates were likely to succeed in their argument that the new protocol conflicted with federal law...Justices Samuel Alito, Neil Gorsuch and Brett Kavanaugh wrote separately to say they agreed with the court's decision but that they thought the lower court should be able to decide the case within the next 60 days.The five federal inmates ordered to be executed are Daniel Lewis Lee, for murdering a family of three, including an 8-year-old girl; Lezmond Mitchell, for murdering a 63-year-old and her 9-year-old granddaughter; Wesley Ira Purkey, for raping and murdering a 16-year-old girl; Alfred Bourgeois, for torturing and killing his own 2-year-old daughter; Dustin Lee Honken, for shooting and killing five people, including two young girls.Lawyers for the inmates filed an immediate appeal, challenging not the constitutionality of their executions but instead arguing that the government's new lethal injections protocol is unlawful.A district judge blocked the executions from going forward, holding that the protocol conflicts with the Federal Death Penalty Act, which requires adherence to a state's method of execution.The judge put the executions on hold, ruling that a delay would not hurt the government, particularly because it has waited several years to announce a new protocol."

- Colorado Becomes 22nd State to Abolish the Death Penalty Governor Jared Polis (D) signed SB 20-100 on Monday, Mar. 23, 2020 to abolish the death penalty as of July 1, 2020 and commute the sentences of the three men on death row to life in prison without parole.



The 1997 execution of Gary Lee Davis, who was convicted of kidnapping, raping, and murdering a woman, was the last execution performed in the state. The June 2009 death penalty sentence of Robert Ray for murder was the last time a Colorado jury imposed the death penalty.



Several capital cases were in progress when Polis signed the law. Because the law doesn't go into effect until July 1, 2020, it is not clear if those defendants are ineligible for the death penalty if convicted and sentenced before July. Aris Folley, "Death Penalty Abolished in Colorado," the hill.com, Mar. 23, 2020 Jesse Paul and John Ingold, "Governor Signs Bill Abolishing Colorado's Death Penalty, Commutes Sentences of State's 3 Death Row Inmates," coloradosun.com, Mar. 23, 2020 Governor Jared Polis (D) signed SB 20-100 on Monday, Mar. 23, 2020 to abolish the death penalty as of July 1, 2020 and commute the sentences of the three men on death row to life in prison without parole.The 1997 execution of Gary Lee Davis, who was convicted of kidnapping, raping, and murdering a woman, was the last execution performed in the state. The June 2009 death penalty sentence of Robert Ray for murder was the last time a Colorado jury imposed the death penalty.Several capital cases were in progress when Polis signed the law. Because the law doesn't go into effect until July 1, 2020, it is not clear if those defendants are ineligible for the death penalty if convicted and sentenced before July.

- Healthcare Workers Ask States to Release Execution Drugs to Fight COVID-19 A group of nine pharmacists, doctors, and public health experts published an open letter to the US states asking that the drugs used for lethal injection be released to the healthcare community for use in the fight against COVID-19 (coronavirus). They stated: "Many of the medicines needed during this critical time are the same drugs used in lethal injection executions. These medicines were never made or developed to cause death – to the contrary, many were formulated to connect patients to life‐saving ventilators and lessen the discomfort of intubation... We urgently ask you to send any execution drug supplies in your storerooms to hospitals where they are needed to treat critically ill COVID‐19 patients. At this crucial moment for our country, we must prioritize the needs and lives of patients above ending the lives of prisoners." The drugs in question include four listed by the American Society of Health-System Pharmacists as in short supply: midazolam, vecuronium bromide, rocuronium bromide, and fentanyl. Other drugs used in executions that are needed for intubation and mechanical ventilation include rocuronium bromide, cisatracurium besylate, and etomidate. Joel B. Zivot, et al., Letter to State Correctional Facility Directors, Apr. 2020 Asher Stockler, "Health Care Workers Ask States to Hand over Death Penalty Drugs Needed to Fight COVID-19 Pandemic," newsweek.com, Apr. 10, 2020

- Oregon to Empty Death Row On Friday, May 15, 2020, Oregon Corrections Director Colette Peters announced the state's death row will be closed in summer 2020 and the 27 death row inmates will be moved to the general prison population or other prison housing.The 40-cell space will be converted into a disciplinary unit for inmates who conduct illicit behavior in prison.



Oregon has had a moratorium on the death penalty since 2011, imposed by Governor John Kitzhaber and upheld by his successor Governor Kate Brown. The last execution in the state was on May 16, 1997. Noelle Crombie, "Oregon's Death Row Will Be Dismantled by Summer," oregonlive.com, May 15, 2020 Noelle Crombie, "Take a Look inside Oregon's Execution Chamber," oregonlive.com, Feb. 4, 2020 On Friday, May 15, 2020, Oregon Corrections Director Colette Peters announced the state's death row will be closed in summer 2020 and the 27 death row inmates will be moved to the general prison population or other prison housing.The 40-cell space will be converted into a disciplinary unit for inmates who conduct illicit behavior in prison.Oregon has had a moratorium on the death penalty since 2011, imposed by Governor John Kitzhaber and upheld by his successor Governor Kate Brown. The last execution in the state was on May 16, 1997.

- Supreme Court Declines to Hear Federal Lethal Injection Protocol Challenge The Bureau of Prisons adopted a single drug lethal injection protocol using pentobarbital in order to resume federal executions in July 2020.



The Supreme Court's refusal to hear the case leaves in place a federal appeals court ruling that allows the executions to go forward.



The federal government has not carried out an execution in 17 years. Adam Liptak, "Federal Executions Can Restart after Supreme Court Declines a Case," nytimes.com, June 29, 2020 Ariane de Vogue and Jamie Ehrlich, "Supreme Court Turns away Challenge to Federal Executions by Lethal Injections," cnn.com, June 29, 2020 The Bureau of Prisons adopted a single drug lethal injection protocol using pentobarbital in order to resume federal executions in July 2020.The Supreme Court's refusal to hear the case leaves in place a federal appeals court ruling that allows the executions to go forward.The federal government has not carried out an execution in 17 years.

- First Federal Execution since 2003 Daniel Lewis Lee was executed by lethal injection at the federal prison Terre Haute, Indiana, on July 14, 2003. Lee was convicted in 1999 of murdering a family of three in 1996.



The execution came after a 5-4 Supreme Court decision allowed the execution to move forward. Justice Stephen Breyer dissented, stating, "The resumption of federal executions promises to provide examples that illustrate the difficulties of administering the death penalty consistent with the Constitution."



Attorney General William Barr announced the resumption of federal use of the death penalty in July 2019. The federal government had not carried out an execution since 2003. Two more federal executions are scheduled for July 2020 and one more in August 2020. Ariane de Vogue, Chandelis Duster and David Shortell, "Daniel Lewis Lee Executed after Supreme Court Clears the Way for First Federal Execution in 17 Years," cnn.com, July 14, 2020 Carrie Johnson, "Federal Government Executes 1st Prisoner in 17 Years after Overnight Court Rulings," npr.org, July 14, 2020 Marty Johnson and John Kruzel, "First Federal Prisoner in 17 Years Executed Hours after Supreme Court Decision," thehill.com, July 14, 2020 Daniel Lewis Lee was executed by lethal injection at the federal prison Terre Haute, Indiana, on July 14, 2003. Lee was convicted in 1999 of murdering a family of three in 1996.The execution came after a 5-4 Supreme Court decision allowed the execution to move forward. Justice Stephen Breyer dissented, stating, "The resumption of federal executions promises to provide examples that illustrate the difficulties of administering the death penalty consistent with the Constitution."Attorney General William Barr announced the resumption of federal use of the death penalty in July 2019. The federal government had not carried out an execution since 2003. Two more federal executions are scheduled for July 2020 and one more in August 2020.