death penalty news March 2, 2005
USA: Capital Punishment in U.S. Hit 30-Year Low in 2003 The following fact sheet on capital punishment in the United States was compiled from U.S. Department of Justice statistics and Department of State sources. This fact sheet was originally published on December 1, 2004; this update reflects a March 1, 2005, ruling issued by the U.S. Supreme Court banning the execution of those who were under the age of 18 at the time of their crime. Following is the fact sheet: (begin fact sheet) U.S. Department of State International Information Programs March 1, 2005 FACT SHEET: CAPITAL PUNISHMENT IN THE UNITED STATES Context Americans tend to cast the debate over capital punishment in terms of its deterrent value or appropriateness as a sanction for certain serious crimes. Overseas, the use of the death penalty in the United States is frequently raised as a human rights issue -- especially when juveniles, the mentally retarded, or the mentally ill are involved. The latest statistics from the U.S. Department of Justice show a downward trend in death sentences nationwide. In 2003, the latest year for which statistics are available, the number of death sentences imposed hit a 30-year low. The number of prisoners under sentence of death at year-end 2003 also decreased for the third year in a row. In 2003, 65 inmates were executed, six fewer than in 2002. Of those under sentence of death in 2003: - 1,878 were white - 1,418 were black - 29 were American Indian - 35 were Asian - 14 were of unspecified race - 47 were female Although capital punishment is permitted by the federal government and the U.S. military, international criticism of the death penalty is largely focused on its use by state governments. Consequently, capital punishment in the United States must be understood within the context of American federalism, whereby matters for which the Constitution does not vest responsibility in the federal government are reserved to the states. As a result, states have broad powers to regulate their own general welfare, including enactment and enforcement of criminal laws, public safety and correction. As of 2003, the death penalty was authorized in 38 states, but only 11 of those states executed anyone, two fewer than in 2002. Even though popular support for the death penalty is currently substantial, its use remains controversial, with support varying by region. Twelve states do not authorize the use of capital punishment, either because of a statutory or a judicial prohibition. Other states have announced moratoria on its use or are considering legislation to abolish it. Jurisdictions without the death penalty are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin, and the District of Columbia. The Death Penalty and International Law -- The International Covenant on Civil and Political Rights specifically recognizes the right of countries to impose the death penalty for the most serious crimes, carried out pursuant to a final judgment rendered by a competent court and in accordance with appropriate safeguards and observance of due process. -- The United States works assiduously in international fora, including the U.N. Commission on Human Rights and the Organization for Security and Cooperation in Europe (OSCE), against the use of the death penalty without due process, such as for political prisoners detained without fair trial by autocratic governments. The Death Penalty in U.S. Law -- The U.S. Supreme Court has upheld use of the death penalty for the most serious crimes provided that its use is in accordance with procedural guarantees of the U.S. Constitution and relevant state constitutions. -- The U.S. judicial system provides an exhaustive system of protections to ensure that the death penalty is not applied in an extra-judicial, summary, or arbitrary manner. All death sentences are automatically reviewed by higher courts in 37 of the 38 states with capital punishment, and all convictions are automatically reviewed in 33 of the 38 states with capital punishment. The Death Penalty for Crimes Committed by Juveniles -- The United States Supreme Court banned the execution of those who were under the age of 18 at the time of their crime in a ruling issued March 1, 2005. Capital Punishment and the Mentally Retarded -- Execution of the mentally retarded is banned as a result of a U.S. Supreme Court ruling in June 2002 that execution of mentally retarded criminals constitutes "cruel and unusual" punishment prohibited by the 8th Amendment to the U.S. Constitution. Individuals are considered mentally retarded if they meet the clinical definition of having not only sub-average intellectual functioning, but also significant limitations in adaptive skills, such as communication, self-care, and self-direction, that became manifest before age 18. Controversy continues, however, over how state prison systems are ensuring accurate diagnosis of those on death row. Capital Punishment and the Mentally Ill -- In 1986 the U.S. Supreme Court prohibited the execution of the mentally insane and required an adversarial process for determining mental competency. Legal definitions and concepts of insanity and competency, however, do not always coincide with medical opinion, and as a result controversy continues. (end fact sheet) (Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov) TENNESSEE: State briefs: Case challenges execution method The Tennessee Supreme Court will hear arguments over whether the state's lethal injection procedure for executing condemned inmates is constitutional, even though it uses a drug banned for euthanasia of animals. A list released yesterday of cases accepted by the court include an appeal filed by condemned killer Abu-Ali Abdur'Rahman that challenges the protocol used by the state Department of Correction because it could cause an inmate extreme pain. A state appeals court last year upheld a lower court's ruling that Tennessee's lethal injection procedure for executing condemned inmates is constitutional. The procedure calls for three drugs to be administered in sequence: sodium thiopentathol or Pentothal to cause unconsciousness, Pavulon or pancuronium bromide to create paralysis and stop the breathing, and potassium chloride to stop the heart. Abdur'Rahman, known as James Lee Jones at the time, was on parole for another slaying when he killed Patrick Daniels and critically injured Norma Jean Norman in 1987. (source: Associated Press / Tennessean.com)
