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In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 20 of them have authority to execute death sentences, with the other 7, as well as the federal government and military, subject to moratoriums.
Capital punishment is a legal penalty in the U.S. state of Indiana. The last man executed in the state, excluding federal executions at Terre Haute, was the murderer Matthew Wrinkles in 2009.
In the U.S. state of California, capital punishment is not allowed to be carried out as of March 2019, because executions were halted by an official moratorium ordered by Governor Gavin Newsom. Before the moratorium, executions had been frozen by a federal court order since 2006, and the litigation resulting in the court order has been on hold since the promulgation of the moratorium. Thus, there will be a court-ordered moratorium on executions after the termination of Newsom's moratorium if capital punishment remains a legal penalty in California by then.
The U.S. state of Washington enforced capital punishment until the state's capital punishment statute was declared null and void and abolished in practice by a state Supreme Court ruling on October 11, 2018. The court ruled that it was unconstitutional as applied due to racial bias however it did not render the wider institution of capital punishment unconstitutional and rather required the statute to be amended to eliminate racial biases. From 1904 to 2010, 78 people were executed by the state; the last was Cal Coburn Brown on September 10, 2010. In April 2023, Governor Jay Inslee signed SB5087 which formally abolished capital punishment in Washington State and removed provisions for capital punishment from state law.
Capital punishment was abolished via the legislative process on May 2, 2013, in the U.S. state of Maryland.
Capital punishment is a legal penalty in the U.S. state of Nebraska. In 2015, the state legislature voted to repeal the death penalty, overriding governor Pete Ricketts' veto. However, a petition drive secured enough signatures to suspend the repeal until a public vote. In the November 2016 general election, voters rejected the repeal measure, preserving capital punishment in the state. Nebraska currently has 12 inmates on death row.
Capital punishment was abolished in 2019 in New Hampshire for persons convicted of capital murder. It remains a legal penalty for crimes committed prior to May 30, 2019.
Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.
The murder of Michael Briggs occurred on October 16, 2006, in Manchester, New Hampshire, United States. Briggs, a police officer, was shot while on duty and was transported to the hospital, where he died of his injuries. The suspect, Michael "Stix" Addison, fled New Hampshire, prompting a manhunt by police. Fifteen hours after the shooting, Addison was arrested in Dorchester, Massachusetts. He was charged by Boston Police with being a fugitive from justice. He waived domestic extradition and was transported back to New Hampshire.
In the United States, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and second-most in those with a valid statute. According to a 2013 study, 1 of every 2 000 inhabitants of the U.S. were imprisoned for life as of 2012.
Capital punishment was abolished in Colorado in 2020. It was legal from 1974 until 2020 prior to it being abolished in all future cases.
Capital punishment was abolished in the U.S. state of New Mexico in 2009.
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole. Critics allege that the law unconstitutionally restricts defendant's rights by allowing prosecutors to withhold exculpatory evidence under certain circumstances, and harms victims by restricting their rights to discovery, depositions, and interviews. Passage of this law in California led to the passage of similar laws in Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Oklahoma, Ohio and Wisconsin, and efforts to pass similar laws in Hawaii, Iowa, Montana, Idaho, South Dakota, and Pennsylvania. In November 2017, Marsy's Law was found to be unconstitutional and void in its entirety by the Supreme Court of Montana for violating that state's procedure for amending the Montana Constitution. The Pennsylvania Supreme Court reached the same conclusion as Montana under its own state constitution in 2021.
The debate over capital punishment in the United States existed as early as the colonial period. As of April 2022, it remains a legal penalty within 28 states, the federal government, and military criminal justice systems. The states of Colorado, Delaware, Illinois, Maryland, New Hampshire, Virginia, and Washington abolished the death penalty within the last decade alone.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
Proposition 34 was a California ballot measure that was decided by California voters at the statewide election on November 6, 2012. It sought to repeal Proposition 17, originally passed by voters in 1972, thus abolishing the death penalty in California.
Capital punishment is a legal punishment in American Samoa, an unincorporated territory of the United States. The only crime punishable by death is first degree murder. American Samoa last executed a prisoner by hanging on 24 November 1939. The territory is de facto abolitionist.
Proposition 62 was a California ballot proposition on the November 8, 2016, ballot that would have repealed the death penalty and replaced it with life imprisonment and forced labor without possibility of parole. It would have applied retroactively to existing death sentences and increased the portion of life inmates' wages that may be applied to victim restitution.
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.
Richard Gerald Jordan is an American man on death row in Mississippi for the 1976 murder of 34-year-old Edwina Marter, the wife of a bank executive. As of 2022, Jordan is the state's oldest and longest-serving death row inmate. Though he admitted to the crime and his guilt has never been seriously called into question, Jordan has filed multiple successful legal challenges to his sentence, and because of this, he has been sentenced to death four times.
References
- ↑ Carol J. Williams (December 29, 2011). "Annual total of death sentences in California falls to 10". Los Angeles Times. Retrieved July 9, 2022.
- ↑ Adam Nagourney (April 6, 2012). "Seeking an End to an Execution Law They Once Championed". The New York Times. Retrieved July 9, 2022.
