Glass v. Louisiana | |
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Decided April 29, 1985 | |
Full case name | Jimmy L. Glass v. Louisiana |
Citations | 471 U.S. 1080 ( more ) 105 S. Ct. 2159; 85 L. Ed. 2d 514; 1985 U.S. LEXIS 1731 |
Court membership | |
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s | |
Dissent | Brennan, joined by Marshall |
Glass v. Louisiana, 471 U.S. 1080 (1985), was a case denied for hearing by the United States Supreme Court in 1985. The case is famous for Justice Brennan's dissent from the denial of certiorari, joined by Justice Marshall, arguing that the death penalty is always unconstitutional.
Jimmy L. Glass (May 27, 1962 – June 12, 1987) was an American convicted murderer who was sentenced to death by the state of Louisiana.
Glass originally hailed from Arkansas. [1] He was a high school dropout and had a criminal record. [2] With fellow inmate Jimmy C. Wingo (March 14, 1952 – June 16, 1987), Glass escaped from the Webster Parish, Louisiana Jail in December 1982. During their escape, Glass and Wingo killed Newt Brown (born 1927) and his wife, Erlene Nealy Brown (born 1931), at their home on Christmas Eve in the village of Dixie Inn outside Minden. The Browns' son, Gary Lamar Brown, was the son-in-law of Judge Charles A. Marvin (1929–2003) of the Louisiana Court of Appeal for the Second Circuit, based in Shreveport. Glass and Wingo were soon arrested. Both were sentenced to death in the electric chair. [2] [3]
According to then-current Louisiana law, the only authorized method of execution was the electric chair. Glass and his lawyers argued that executions by electrocution violate the Eighth and Fourteenth Amendments to the United States Constitution, because causing to pass through the body of the person convicted a current of electricity of sufficient intensity to cause death, and the application and continuance of such current through the body of the person convicted until such person is dead and electrocution causes the gratuitous infliction of unnecessary pain and suffering and does not comport with evolving standards of human dignity.
The court denied certiorari, thereby allowing the lower court's decision to stand.
Justice William J. Brennan (joined by Justice Thurgood Marshall) dissented from the denial of certiorari. In his dissent, Brennan reiterated his "belief that the 'physical and mental suffering' inherent in any method of execution is so 'uniquely degrading to human dignity' that, when combined with the arbitrariness by which capital punishment is imposed, the trend of enlightened opinion, and the availability of less severe penological alternatives, the death penalty is always unconstitutional."
Brennan's dissent is known for its gruesome depiction of electrocution:
"Th[e] evidence suggests that death by electric current is extremely violent and inflicts pain and indignities far beyond the 'mere extinguishment of life.' Witnesses routinely report that, when the switch is thrown, the condemned prisoner 'cringes,' 'leaps,' and 'fights the straps with amazing strength.' 'The hands turn red, then white, and the cords of the neck stand out like steel bands.' The prisoner's limbs, fingers, toes, and face are severely contorted. The force of the electric current is so powerful that the prisoner's eyeballs sometimes pop out and 'rest on [his] cheeks.' The prisoner often defecates, urinates, and vomits blood and drool." [4]
Brennan also concluded that electrocution is ""nothing less than the contemporary technological equivalent of burning people at the stake." [4]
The Court, by majority 5–4, found that electrocution as an authorized method of executions is constitutional. [5]
Glass was electrocuted on June 12, 1987, at the age of twenty-five. [6] His accomplice, Jimmy Wingo, was executed four days later, on June 16, 1987. [3]
It was said that Glass was grinning as he was confined in the electric chair. His last words were "I'd rather be fishing". [2]
Despite the failure of Glass v. Louisiana, electrocution has now been retired as a method of execution in most US states and none of the states retaining it uses it as their primary execution method.
The electric chair is a specialized device employed for carrying out capital punishment through the process of electrocution. During its use, the individual sentenced to death is securely strapped to a specially designed wooden chair and electrocuted via strategically positioned electrodes affixed to the head and leg. This method of execution was conceptualized by Alfred P. Southwick, a dentist based in Buffalo, New York, in 1881. Over the following decade, this execution technique was developed further, aiming to provide a more humane alternative to the conventional forms of execution, particularly hanging. The electric chair was first utilized in 1890 and subsequently became known as a symbol of this method of execution.
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared to the crime.
Furman v. Georgia, 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court invalidated all then existing legal constructions for the death penalty in the United States. It was a 5–4 decision, with each member of the majority writing a separate opinion. Following Furman, in order to reinstate the death penalty, states had to at least remove arbitrary and discriminatory effects in order to satisfy the Eighth Amendment to the U.S. Constitution.
William Joseph Brennan Jr. was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice in Supreme Court history, and was known for being a leader of the Court's liberal wing.
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 currently have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums.
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.
Old Sparky is the nickname of the electric chairs in Arkansas, Connecticut, Florida, Georgia, Illinois, Kentucky, Nebraska, New York, Ohio, Oklahoma, South Carolina, Texas, Virginia, and West Virginia. Old Smokey was the nickname of the electric chairs used in New Jersey, Pennsylvania, and Tennessee. "Old Sparky" is sometimes used to refer to electric chairs in general, and not one of a specific state.
Roper v. Simmons, 543 U.S. 551 (2005), is a landmark decision by the Supreme Court of the United States in which the Court held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5–4 decision overruled Stanford v. Kentucky, in which the court had upheld execution of offenders at or above age 16, and overturned statutes in 25 states.
Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. In Robinson, the Court struck down a California law that criminalized being addicted to narcotics.
John Louis Evans III was the first inmate to be executed by the state of Alabama after the United States reinstituted the death penalty in 1976. The manner of his execution is frequently cited by opponents of capital punishment in the United States. Evans was born in Beaumont, Texas, and was executed at the Holman Correctional Facility near Atmore, Alabama, at the age of 33.
The use of capital punishment by the United States military is a legal punishment in martial criminal justice. Despite its legality, capital punishment has not been imposed by the U.S. military in over sixty years.
McCleskey v. Kemp, 481 U.S. 279 (1987), is a United States Supreme Court case, in which the death sentence of Warren McCleskey for armed robbery and murder was upheld. The Court said the "racially disproportionate impact" in the Georgia death penalty indicated by a comprehensive scientific study was not enough to mitigate a death penalty determination without showing a "racially discriminatory purpose." McCleskey has been described as the "most far-reaching post-Gregg challenge to capital sentencing."
Capital punishment in the Philippines specifically, the death penalty, as a form of state-sponsored repression, was introduced and widely practiced by the Spanish government in the Philippines. A substantial number of Filipino national martyrs like Mariano Gómez, José Burgos, and Jacinto Zamora, Thirteen Martyrs of Cavite, Thirteen Martyrs of Bagumbayan, Fifteen Martyrs of Bicol, Nineteen Martyrs of Aklan and Jose Rizal were executed by the Spanish government.
Baze v. Rees, 553 U.S. 35 (2008), is a decision by the United States Supreme Court, which upheld the constitutionality of a particular method of lethal injection used for capital punishment.
Capital punishment for juveniles in the United States existed until March 2, 2005, when the U.S. Supreme Court ruled it unconstitutional in Roper v. Simmons. Prior to Roper, there were 71 people on death row in the United States for crimes committed as juveniles.
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die and the victim's death was not intended.
Capital punishment is a legal penalty in the U.S. state of Florida.
Capital punishment was outlawed in the State of New York after the New York Court of Appeals, the highest court in the state, declared in 2004 that as currently practiced it was not allowed under the state's constitution. However certain crimes occurring in the state that fall under the jurisdiction of the federal government are subject to the federal death penalty.
Capital punishment is a legal penalty in the U.S. state of Mississippi.
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