The Death Penalty 8 th Amendment – Cruel and Unusual Punishment?

The Death Penalty of Old Public punishment necessary deterrent. The more painful the more likely souls could be “cleansed” for heaven. Also, great entertainment for the public.

Death Penalty for the Founders. Most Founders did favor the death penalty – BUT did not like torture killings. Death penalty used only for capital crimes. Death penalty purpose to quickly end life. “Mere extinguishment of life.”

Death Penalty in USA Until 1967, death penalty used for murder, rape, theft. Fuhrman v. Georgia (1972) put a moratorium on executions. – Only to be used for capital crimes. – No “capricious” use.

Methods of Execution in 2003 Lethal injection – 545 Electrocution – 149 Gas chamber – 11 Hanging – 3 Firing squad – 2 – *number executed since 1976.

States Methods Lethal injection – 46 states Electrocution – 1 state Gas Chamber – 5 states* Hanging – 2 states* Firing squad – 2 states* – *Alternative methods of lethal injection.

Number of executions by state since 1976 Texas – 245 Virginia – 82 Florida – 51 Missouri – 49 Oklahoma – 40 Louisiana – 26 Nebraska - 3

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

States that use Electrocution Alabama, Arkansas, Florida, Georgia, Illinois, Kentucky, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Virginia By ONLY Nebraska uses the electric chair.

States that use hanging Delaware, New Hampshire, Washington.

States that use firing squads Idaho, Oklahoma, Utah

States that use lethal gas Arizona, California, Maryland, Missouri, Wyoming.

Moratorium on executions until 1976 More than 600 death row inmates had their sentences changed between 1972 – Mandatory death sentences ONLY with aggravating circumstances.