Capital punishment in Arizona

Last updated

Capital punishment is a legal penalty in the U.S. state of Arizona. After the execution of Joseph Wood in 2014, executions were temporarily suspended but resumed in 2022. [1] [2] On January 23, 2023, newly inaugurated governor Katie Hobbs ordered a review of death penalty protocols and in light of that, newly inaugurated attorney general Kris Mayes issued a hold on any executions in the state. [3]

Contents

When the prosecution seeks the death penalty, the sentence is decided by the jury and must be unanimous.

In case of a hung jury during the penalty phase of the trial, a retrial happens before another jury. If the second jury is also deadlocked, a life sentence is issued. [4]

The Governor of Arizona can grant clemency only with advice and consent of the five-member Arizona Board of Executive Clemency. [5]

Capital crimes

Certain aggravating circumstances constitute capital murder in the State of Arizona: [6]

  1. prior conviction for which a sentence of life imprisonment or death was imposable;
  2. prior serious offense involving the use of threat or violence;
  3. grave risk of death to others;
  4. procurement of murder by payment or promise of payment;
  5. commission of murder for pecuniary gain;
  6. murder committed in an especially heinous, cruel, or depraved manner;
  7. murder committed while in custody;
  8. multiple homicides;
  9. murder of a victim under 15 years of age or of a victim 70 years of age or older; and
  10. murder of a law enforcement officer.

Executions and death row

Arizona's death row for males is located at the Arizona State Prison Complex – Florence in Florence. Female death row prisoners are housed at the Arizona State Prison Complex – Perryville in Goodyear.

Since capital punishment was resumed in 1976, 40 people in Arizona were convicted of murder and have been executed at Florence State Prison in Florence, Arizona. [7]

Since 1992, Arizona has employed lethal injection for its executions. [8] It previously executed prisoners with inhalation of cyanide gas, but passed a statue changing to lethal injection after the controversial and much-publicized execution of Donald Eugene Harding, who took 10 and 1/2 minutes to die. [9] However, inmates convicted for capital crimes committed prior to November 23, 1992 may choose gas inhalation instead. [10] [11]

In 2011, the state was found to be lawfully buying execution drugs from Dream Pharma, a pharmaceutical company operating out of a driving school in west London, UK. [12]

The 2014 execution of Joseph Wood was similarly controversial, taking nearly two hours and leading to a moratorium of executions until July 2019, when Attorney General Mark Brnovich urged the governor to "act without delay" in helping the state obtain execution drugs. [11] In October of that year, Arizona's department of corrections paid $1.5m to a confidential source for 1,000 1g vials of pentobarbital sodium salt, a sedative used in the state's executions. U.S. doctors are not permitted to prescribe the drug for executions, as taking a life does not serve a therapeutic purpose, so Arizona has to find suppliers willing to sell drugs without prescription. [13]

Arizona would next execute Clarence Wayne Dixon, on May 11, 2022. [14]

See also

Related Research Articles

<span class="mw-page-title-main">Capital punishment in the United States</span> Legal penalty in the United States

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 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums.

<span class="mw-page-title-main">Capital punishment by the United States federal government</span> Legal penalty in the United States

Capital punishment is a legal punishment under the criminal justice system of the United States federal government. It is the most serious punishment that could be imposed under federal law. The serious crimes that warrant this punishment include treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court officer in certain cases.

<span class="mw-page-title-main">Capital punishment in California</span> Legal penalty in the US state of California

In the U.S. state of California, capital punishment is a legal penalty. However it is not allowed to be carried out as of June 2023, because executions were halted by an official moratorium ordered by Governor Gavin Newsom. Prior to the moratorium, executions were 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.

<span class="mw-page-title-main">Capital punishment in Nevada</span> Legal penalty in the U.S. state of Nevada

Capital punishment is a legal penalty in the U.S. state of Nevada.

<span class="mw-page-title-main">Capital punishment in Ohio</span> Legal penalty in Ohio

Capital punishment is a legal penalty in the U.S. state of Ohio, although all executions have been suspended indefinitely by Governor Mike DeWine until a replacement for lethal injection is chosen by the Ohio General Assembly. The last execution in the state was in July 2018, when Robert J. Van Hook was executed via lethal injection for murder.

Capital punishment is a legal penalty in the U.S. state of Utah.

<span class="mw-page-title-main">Capital punishment in Maryland</span>

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 Oklahoma.

Capital punishment is one of two possible penalties for aggravated murder in the U.S. state of Oregon, with it being required by the Constitution of Oregon.

<span class="mw-page-title-main">Capital punishment in Texas</span> Overview of capital punishment in the U.S. state of Texas

Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.

<span class="mw-page-title-main">Clarence Ray Allen</span> American murderer (1930–2006)

Clarence Ray Allen was an American criminal and proxy killer who was executed in 2006 at the age of 76 by lethal injection at San Quentin State Prison in California for the murders of three people. Allen was the second-oldest inmate at the time to be executed in the United States since 1976.

<span class="mw-page-title-main">Capital punishment in Alabama</span> Legal punishment in Alabama

Capital punishment in Alabama is a legal penalty. Alabama has the highest per capita capital sentencing rate in the United States. In some years, its courts impose more death sentences than Texas, a state that has a population five times as large. However, Texas has a higher rate of executions both in absolute terms and per capita.

Capital punishment was abolished in Colorado in 2020. It was legal from 1974 until 2020 prior to it being abolished in all future cases.

<span class="mw-page-title-main">Capital punishment in Florida</span> Overview of the use of capital punishment in the U.S. state of Florida

Capital punishment is a legal penalty in the U.S. state of Florida.

<span class="mw-page-title-main">Capital punishment in Mississippi</span> Overview of the use of capital punishment in the U.S. state of Mississippi

Capital punishment is a legal penalty in the U.S. state of Mississippi.

Capital punishment is a legal penalty in the U.S. state of South Carolina. Between 1718 and 2021, more than 680 people have been executed in South Carolina. After the nationwide capital punishment ban was overturned in 1976, South Carolina has executed 43 people.

Capital punishment is a legal punishment in Tennessee.

Capital punishment in Missouri first used in 1810 is a legal penalty in the U.S. state of Missouri.

Richard Eugene Glossip is an American prisoner currently on death row at Oklahoma State Penitentiary after being convicted of commissioning the 1997 murder of Barry Van Treese. The man who murdered Van Treese, Justin Sneed, had a "meth habit" and agreed to plead guilty in exchange for testifying against Glossip. Sneed received a life sentence without parole. Glossip's case has attracted international attention due to the unusual nature of his conviction, namely that there was little or no corroborating evidence, with the first case against him described as "extremely weak" by the Oklahoma Court of Criminal Appeals.

Clarence Wayne Dixon was an American convicted murderer. He was convicted of the January 7, 1978, murder of 21-year-old Deana Lynne Bowdoin in Tempe, Arizona. The murder went unsolved until 2001, when DNA profiling linked him to the crime. Dixon, who was serving a life sentence for a 1986 sexual assault conviction, was found guilty of Bowdoin's murder and was formally sentenced to death on January 24, 2008. He was executed by lethal injection on May 11, 2022, in the state's first execution in nearly eight years, since the botched execution of Joseph Wood in 2014.

References

  1. "Arizona halts executions after Joseph Wood case". BBC News. 25 July 2014.
  2. Davenport, Paul; Billeaud, Jacques (May 11, 2022). "Clarence Dixon dies in Arizona's 1st execution since 2014". Associated Press . Retrieved May 11, 2022.
  3. "Arizona executions are on hold until a review ordered by the governor is completed". NPR . 21 January 2023.
  4. "§ 13-752 Sentences of death, life imprisonment or natural life; imposition; sentencing proceedings; definitions". Law.justia.com. Retrieved June 7, 2016.
  5. "Title 31 - Prisons and Prisoners". Azleg.gov. Retrieved June 7, 2016.
  6. "Capital Punishment in Arizona" (PDF). Azag.gov. Archived from the original (PDF) on 2016-08-15. Retrieved 2016-07-21.
  7. "Last Meals Request". 10 June 2014.
  8. "Arizona - Capital Punishment - Death Penalty". Deathpenalty.uslegal.com. 1992-11-23. Retrieved 2016-07-21.
  9. The Associated Press (1992-04-25). "Gruesome Death in Gas Chamber Pushes Arizona Toward Injections". The New York Times. Retrieved 2023-03-23.
  10. "Methods of Execution". Clarkprosecutor.org. Retrieved 2016-07-21.
  11. 1 2 Resnik, Brahm (2021-06-14) [2021-06-07]. "Arizona plans to use poisonous gas similar to Nazis' in executions. Here are 6 things to know". 12News. KPNX-TV. Retrieved 2023-03-23.
  12. "London firm supplied drugs for US executions". the Guardian. 2011-01-06. Retrieved 2021-04-13.
  13. "Revealed: Republican-led states secretly spending huge sums on execution drugs". the Guardian. 2021-04-09. Retrieved 2021-04-13.
  14. Ortiz, Erik (May 11, 2022). "Arizona puts inmate Clarence Dixon to death in state's first execution in 8 years". NBC News . Retrieved May 11, 2022.