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Since 2000, the United States and its reform of the death penalty applies to Review_3012

By Jessica Daniels,2014-10-31 18:59
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Since 2000, the United States and its reform of the death penalty applies to Review_3012

    Since 2000, the United States and its reform of the death penalty applies to Review

     The United States is the world today one of the few developed countries retain the death penalty, one of the death penalty since 1976, ? Since the death penalty was applied once a rising trend. ? After

    entering the year 2000, however, in the international community and organizations such as Amnesty International pressure and domestic public concerns about the fairness of capital punishment under the influence of

    the United States the annual number of death sentences and the implementation of a significant decline in public support for the death penalty is further reduced. Although there are 40 judicial districts in the legislation to retain the death penalty, but the number of different

    jurisdictions, the death penalty applies to great imbalances, Texas and other Southern States the death penalty applies to the number of long-term

    hold the nation's death penalty applies to about 85% of the total, the majority retain the death penalty jurisdiction, or, indeed, to stop the implementation of the death penalty, or occasionally the death penalty. With the increasingly strict procedures in capital cases, and new technology in the extensive use of evidence, there are a considerable

    number of death row have been acquitted, or reduced to life imprisonment without parole. Surrounding the retention or abolition of the death penalty, legislative, judicial officials, academics and the general public had heated debate, from different perspectives become increasingly in-

    depth study carried out by the death penalty. In order to ensure a fair and humane application of the death penalty, federal and related state of the legislative, judicial conduct a series of reforms and the lifting of

    the death penalty for minors and mentally retarded persons to apply to suspend the implementation of the death penalty in some states, in insisting on retaining the death penalty, context, to strengthen the death penalty cases, due process, and to strengthen the protection of the rights of the accused.

     1, the death penalty and the reasons for decline analysis

     Chart 1 shows, from the death sentence, execution, and the number of prisoners awaiting the death penalty (Death Row) ? other side, the U.S.

death penalty applies to the number since 2000, an overall downward trend.

     Chart 1: 1999 to 2005, the U.S. death penalty where applicable ?

     The death penalty applies to the number / Year 2005 2004 2003 2002 2001 2000 1999

     The number of execution 60596571668598

     Wait for number of executions in 3383 3471 3504 3,697,370,937,263,625

     The number of death sentences 96130144159155 214 282

     Replaced by the number of death penalty acquittal 55,104,568

     Death sentence was commuted to a term, or 341,743,325

     The number of life imprisonment

     The number of executions since 2000, an overall declining trend (during which 71 people were executed in 2002 than in 2001 increased slightly to 66 people, mainly due to September 11, 2001 took place that

    shocked the world as well as the 911 terrorist attacks October the following year there was a series shooting, ? made to reduce the American

    public a sense of security, requires the application of the voice of the death penalty has been increased). 2005In total, the death penalty60

     Months, although it compares2004Years59More than one, but with the1999For the implementation of the98Compared with a death-row inmates, a decrease

    of about39%.

     The number of people awaiting the death penalty depends on the number

    of death sentences each year the number of comparison and implementation, and were acquitted, and pardon, commutation of the number of people. The number of people sentenced to death from 1976 to 2000 have been steadily

    rising to reach its peak in 2000 (3726 people) after a gradual decline (after 2000 although the number of death penalty declining, but at the same number of death sentences fell even more sharply, and the annual number of death row have been acquitted or the sentence has also led to

    the decline in the number waiting for the death penalty). 2002 United States Supreme Court prohibited the death penalty for mentally retarded persons, in 2003 Illinois large-scale reduction of the death row without a period or term of imprisonment of the movement, and in 2005 the Supreme Court prohibited the death penalty for juvenile offenders are made to wait

for the death penalty for the year The number has dropped significantly.

     The number of death sentences since 2000, gradually declined (during

    which 159 of the 2002 decision, ruling in 2001 a slight increase in the number of 155, as mentioned earlier, this is due to the 911 terrorist attacks, as well as the impact of serial shootings). 2 can be seen from the chart, since the death penalty was reinstated in 1976 after the United States has experienced a number of death sentences rising process, but 90 years since the last century, reached its peak (an average of 300 each year), this figure is basically a downward trend on the . 2005 compared

    with only 96 cases of death sentences, which is the lowest since 1982, this volume in 1999 has been down by 60%.

     Chart 2: ? 1976 to 2005 annual number of death sentences

     Annual Number of Annual sentence sentence sentence a few years the number

    of years the number of judgments

     1976 7,198,415,219,922,602,000 214

     1977141985165 19932872001155

     1978311986187 19943152002159

     1979381987187 19953182003144

     1980641988214 19963202004130

     1981 79 1989 1,831,997,276,200,596

     1982 130 19901971998300

     1983 143 19912401999282

     The United States applies the death penalty in recent years, the number of reasons for the decline mainly in the following areas:

     First, there is a considerable number of death row have been

    acquitted. Since 2000, there are already 35 death-row inmates have been

    acquitted in 2003 alone 10 people, which is to restore the death penalty since 1976, the highest number since he was acquitted a year. So many death-row inmates from the jail awaiting the death penalty acquitted, not

    only directly reduces the executions and the number of people awaiting execution, but also a profound impact on the number of death sentences every year, because a large number of death row acquitted the existence of

    that A significant number of death row is innocent of the existing judicial system, the current death penalty system is seriously flawed. Judges and juries in imposing the death penalty have become more cautious to minimize the death sentence.

     Secondly, some states in view of the existence of racial bias in death penalty cases, and other unjust factors, decided to postpone the implementation of the death penalty or to sentence prisoners to be executed. The U.S. death penalty system, there is a serious racial

    disparities, such as victims are concerned, 2004 was executed most of the prisoners are guilty of the crimes of murder whites, only 12% of the prisoners because of the murder of black people have been executed, although the United States, Approximately 50% of murder victims were

    black. Respect of the accused between 2003 - 2004 two-year period is not a

    white man for the murder of black people have been executed, but there are 11 blacks because of the murder of whites have been executed. Texas - the

    state since the death penalty has been executed since the resumption of 336 cases - simply carried out the murder case of white black cases, but in this case there is a white victim. The injustice of the death penalty in a number of murders committed the defendant was not sentenced to death

    those who commit mentally ill defendant been sentenced to death is especially evident when. For example, in 2003 in Washington, Li Qiwei (Ridgway) killed only 48 women were sentenced to life in prison in New Jersey, killing 17 people Charles Gurung (Charles Cullen) has only been sentenced to life imprisonment, the two offenders are white. On the other hand, like David Hockney (David Hocker),

    凯尔西帕特森(Kelsey Patterson), James Hubbard (James Hubbard) been like a black criminals sentenced to death. Hauck murder in the state阿拉巴拉马

    only a one-day trial, but also about his suffering from severe mental illness and suicide, almost no evidence of a tendency to be submitted to the court. Patterson was executed in Texas in the nonsense Shi Hai, where

    he spent the greater part of the state mental hospital, suffering from paranoid schizophrenia of torture. Hubbard was executed in the state阿拉

    巴拉马already 74 years old, he was suffering from cancer, high blood pressure and dementia.

     It saw the U.S. death penalty system is plagued with a series of questions, some people of insight required to suspend the death penalty or to those facing the death sentence. January 31, 2000, Illinois Gov. George Ryan declared a moratorium on executions; January 11, 2003, he announced

    that in view of the state's death penalty system had serious shortcomings, has decided that the death sentence commuted to life imprisonment or imprisonment. In 2003, North Caro Carolina death-row inmates to suspend

    all executions in the state to check the state judicial system is likely to lead to the death penalty, injustice, or omissions. Currently there are

    100 major cities in the United States has adopted a resolution on a moratorium on executions. To suspend the implementation of the death

    penalty or to sentence prisoners to be executed directly led to the executions and the number of people waiting for the implementation of the reduction, for example, in 2003, governor George Ryan commuted 167 death-

    row inmates to make on the so escaped the death penalty.

     The third is the effect of the death penalty applicable to doubtful. Despite the implementation of the death penalty for the southern United States accounted for 85% of the country, but the area has been the U.S. region with the highest murder rate. According to the latest FBI crime reports, the only one south of the U.S. murder rate than the national average in the region, and its murder rate in 2003 on the rise. In 2003 two of the most death penalty states are Texas and Oklahoma, but the

    annual murder rate of these two states have increased. Abolition of the death penalty states have retained the death penalty than the state murder rate is low, and the states retain the death penalty and the abolition of the death penalty states is the difference between the murder rate in 2003 of which had been expanding: abolition of the death penalty a further decline in the state murder rate, while retaining the the death penalty, the state murder rate increased further. Carried out in a 2004 Gallup

    tests indicated that 62% of the public do not believe that the death penalty murder case with a containment role. As the former Appeal Court Judge Rudolph Gerber (Rudolph Gerber) said: "We should not feel strange: law enforcement officials and research scholars of criminal law, concluded that the death penalty has no deterrent effect." Since the death penalty has no deterrent effect , its application effect will be far below expectations, especially in more people, including law enforcement

    officials recognize that the death penalty is not an effective deterrent to crime, prosecutors, judges, and members of the jury in a criminal proceeding is not a natural to pursue the application of the death penalty would be excessive, thus contributing to the decline in the death penalty

    applies.

     Fourth, the death penalty also help to reduce the high cost of the number of the application of the death penalty. In the U.S., death penalty cases, litigation is costly, from the accused with the death penalty cases

    to the real pulse of the needle headlong into death row, about to spend three million U.S. dollars, almost a person imprisoned in the most secure prison, against 40-year cost of 4 times, ? the United States in per

    capita GDP nearly 100-fold. According to Indiana Criminal Law Study

    Commission released a report that a death penalty case than the cost it takes to life imprisonment without parole cases more than 35%. ? In order

    to prevent injustice, President Bush asked the next five years, nearly one

    billion U.S. dollars into funding the death penalty cases, DNA testing of the defendant. For death row prisoners, California plans to build a 220 million U.S. dollars worth of detention facilities. Such a high cost of the death penalty will naturally rise to the law enforcement agencies to

    consider the economics of the death penalty, especially when compared to life imprisonment without parole, law enforcement departments would rather opt for the latter to replace the death penalty, which reduces the number

of the application of the death penalty.

     Second, all regions and jurisdictions, the death penalty and the reasons for the uneven application of analysis of

     The United States traditionally divided into four regions (South, Midwest, west, north-east), although each region has a number of states retain the death penalty in the legislation, but in the judicial practice in various regions of the death penalty applicable to a wide gap in the proportion of the country's total (See Chart 3). While the United States,

    38 states and the federal and the armed forces (a total of 40 judicial districts) in the legislation to retain the death penalty, but these jurisdictions, the application of the death penalty there was a marked difference in long-term practice of some jurisdictions do not apply the death penalty, such as the New York State ; some jurisdictions, once the death penalty applies only occasionally, such as Maryland and other states; some jurisdictions, the death penalty applies to a relatively

    higher number, such as Texas and so on. The following analysis only the number of executions.

     Chart 3: U.S. regional implementation of the death penalty, the proportion of the country's total number of

     Region / Year 2004 2003 2002 2001 2000 1999

     South 85% 89% 86% 79% 89% 75%

     Midwest 12% 11% 13% 15% 6% 12%

     Western 3% 0% 1% 6% 5% 12%

     Northeast 0% 0% 0% 0% 0% 1%

     (A) the implementation of various regions of the death penalty and the reasons for the uneven

     From the table we can see that since 2000 the death penalty is about implementation have occurred, mostly in the south, although the comparison is slightly different proportion in different years, but basically maintained at above 80%. Followed by the Midwest, the number of executions

    annually account for the implementation of the total number of between 10% to 15%. Once again, the west, the proportion is very low, and the proportion of a downward trend. The east for several years without the

    death penalty. This phenomenon is due mainly to the eastern and western regions of high level of economic and cultural development in the region, a relatively small number of foreign immigrants, ethnic conflicts, migration and local conflicts do not, social security is also relatively

    stable, so death rates have been applied lower. On the contrary, in the U.S. South and Midwest, because historically there is a serious racial discrimination and apartheid, has no inter-ethnic relations and the

    eastern and western harmony, coupled with immigration, especially the

    Latin American immigrant populations, economic and cultural development the lower the crime rate has been high, so the death penalty has also been a high application rate.

     (B) The judicial district of the death penalty and the reasons for

    the imbalance

     Chart 4: All jurisdictions, the number of executions each year

     Judicial District / Year 2005 2004 2003 2002 2001 2000 Total

     Texas 19 2324331740156

     Oklahoma 46,147,181,160

     Missouri 50,267,525

     North Carolina 54,725,124

     Virginia 05,242,821

     Ohio 47,331,018

     Florida 12,331,616

     Georgia 32,344,016

     Alabama 42,320,415

     South Carolina 34,030,111

     Indiana 5,020,209

     Arkansas 1,110,126

     California 2001115

     Delaware 1,000,214

     Federal 0,010,203

     Nevada 0,200,103

     Arizona 0,000,033

     Mississippi 1,002,003

     Judicial District / Year 2005 2004 2003 2002 2001 2000 Total

     Louisiana 0,001,012

     Maryland 1,100,002

     Washington 0,000,101

     New Mexico 0,000,101

     Tennessee 0,000,011

     Connecticut 1,000,001

     Together, 60 5965716685406

     From various jurisdictions, the number of specific implementation

    point of view, since 2000, the top 10 in Texas, Oklahoma and Virginia and

    other states the number of executions reached 362, accounting for the

    implementation of the country's total number of nearly 90%. In particular, Texas, six years, a total of 156 executions, accounting for the implementation of the country's total number of nearly 40% higher than the second-ranked Oklahoma two times. Arkansas and other 13 states and the federal judicial district in the implementation of the number of six-year

    period is equal to or less than 6 people, an annual average of fewer than 1 implementation. In addition, the United States retain the death penalty

    in 40 judicial district, there are Colorado, Idaho, Kansas, in 16 different jurisdictions, since 2000, no executions. From the geographical point of view, the implementation of the death penalty more states and jurisdictions, the implementation of the death penalty more basically

    consistent. In the implementation of the death penalty with the highest states, Texas, Oklahoma, North Carolina Carroll are in the southern United States, they account for the implementation of the death penalty for 69%.

    Of the death penalty less state and virtually no executions have taken place in most states are in the eastern and the western United States, such as California, Washington and other states. Therefore, the above-

    mentioned information on the causes of regional imbalance in the

    implementation of the death penalty analysis is also essential for the death penalty on the state of imbalance cause analysis.

     The above study is the imbalance in the number of states implementing the death penalty, in fact, this imbalance can also be executed in the

    states waiting to be seen in the number of people (see chart 5). In the United States retain the death penalty in 40 judicial districts, the wait for the implementation of the state of California has the largest number

    of 648, while smaller states such as New York is only 2 to 3, New Hampshire, no one person. In addition to outside of California and Pennsylvania, waiting for a large number of state executions are essentially the practical implementation of the death penalty every year a

    larger number of states.

     Chart 5: The United States each judicial district the number of prisoners awaiting execution (as of October 1, 2005)

     Do not state the number of states do not state the number of the number of other

     California 648 South Carolina 76, Utah 10

     Texas 413 Mississippi 66 Illinois 10

     Florida 385, Missouri 54, Maryland 9

     Pennsylvania 231 Arkansas 39, Connecticut 8

     Ohio 196 Kentucky 37 U.S. Army 8

     195 North Carolina 36, Nebraska 7 U.S. Federal

     Alabama 186, Oregon 32, Kansas 7

     Arizona 126, Indiana 27 Montana 4

     South Dakota 23 Tennessee 108 Virginia 4

     Georgia 107 Idaho 20, Colorado 3

     Delaware 19 Oklahoma 94 New Mexico 2

     Louisiana 86 New Jersey 13 New York 2

     Nevada 84 Washington 10 Wyoming 2

     Third, death-row inmates have been acquitted Cause Analysis

     Innocent people have been wrongly sentenced to death has been the focus of attention. In June 2000, Columbia University Law School, James Lee (James Liebman), Professor and his colleagues published the "death penalty flaw: 1973-1995 error rate in capital cases," a paper for the first time a full disclosure of convictions in capital cases in the United States The "serious and irreversible mistake." This covers the 1973 to

    1995 conviction and appeal to all study found that, on entering the third stage of proceedings to the state and federal appeals process in cases, 68% of the cases will find a level sufficient to overturn the original death sentence errors. Further study found that these errors led to the most common reasons are: extremely incompetent defense counsel, not even investigate the defendant might be innocent, or should not be evidence of the death penalty (37% of the cases); police and prosecutors did find that

    although the above evidence, but will the cover, there is no show to the jury (19% of the cases); on flawed jury instructions made (20% of the cases).

     Professor Li Ben conclusions of the study since 2000, was acquitted of the death row continue to be eligible. Since 2000, the United States to further improve the death penalty proceedings, and strengthened the

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