1. THE 8 TH AMENDMENT: CRUEL AND UNUSUAL PUNISHMENT? The Death Penalty

2. 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.

3. 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. Purpose was to quickly end life.  “Mere extinguishment of life.”

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

5. Methods of Execution 2008 2009 A total of 1188 individuals have been executed in the US since the moratorium was lifted in 1977

6. Methods by State (see handout!) Lethal injection – 36 states + U.S. Military and U.S. Gov't Electrocution – 9 states Gas Chamber – 5 states (all have lethal injection as an alternative method) Hanging – 2 states (all have lethal injection as an alternative method) Firing squad – 1 state (all have lethal injection as an alternative method)  ** Utah offers the firing squad only for inmates who chose this method prior to its elimination as an option.

8. As of 2005 As of 2009 Texas – 245 Virginia – 82 Florida – 51 Missouri – 49 Oklahoma – 40 Louisiana – 26 Nebraska – 3 Texas – 447 Virginia – 105 Oklahoma – 91 Florida – 68 Missouri – 67 Georgia – 46 Nebraska – 3 Number of executions by state since 1976

9. 2008 Statistics Of persons executed in 2008:  20 were white  17 were black All 37 inmates executed in 2008 were men. Lethal injection was used in 36 executions in 2008; 1 execution was by electrocution.

11. Interesting statistics on the US system 3,207 prisoners under sentence of death in 2008 8 fewer than at year end 2007.

12. Prisoners By Race Of persons under sentence of death in 2008: 1,798 were white 1,338 were black 27 were American Indian 35 were Asian 9 were of unknown race.

13. Death Row Statistics Fifty-eight women were under a sentence of death at year end 2008. The 373 Hispanic inmates under sentence of death at year end 2008 accounted for 13% of inmates with a known ethnicity.

14. Death Row Statistics Among inmates under sentence of death and with available criminal histories at year end 2008:  nearly 2 in 3 had a prior felony conviction  1 in 12 had a prior homicide conviction.

15. Death Row Statistics Among persons for whom arrest information was available, the average age at time of arrest was 29;  1 in 10 inmates were age 19 or younger at the time of arrest. At year end 2008, the youngest inmate under sentence of death was 20; the oldest was 93.

16. International Statistics In 2008, at least 2,390 people were known to have been executed in 25 countries and at least 8864 people were sentenced to death in 52 countries around the world. Some of the methods used to execute people in 2008 included beheading, electrocution, hanging, lethal injection, shooting and stoning.

17. International Statistics Continuing the trend from previous years, in 2008 China, Iran, Saudi Arabia, Pakistan and the United States of America were the five states with the highest rate of executions. Together they carried out (93%) of all executions worldwide

18. International Statistics 138 countries have abolished the death penalty in law or practice. 59 other countries and territories retain and use the death penalty

19. International Statistics In China, at least 1,718 people were executed and at least 7,003 people were known to have been sentenced to death in 2008.  These figures represent minimum estimates - real figures are undoubtedly higher. However, the continued refusal by the Chinese authorities to release public information on the use of the death penalty means that in China the death penalty remains shrouded in secrecy.

20. International Statistics Iran executed at least 346 people. Saudi Arabia at least 120. There were 37 executions in the US.  Figures are for 2008

21. International Statistics Some of the methods used to carry out executions in 2008 included Beheading (Saudi Arabia) Hanging (Bangladesh, Botswana, Egypt, Iran, Iraq, Japan, Malaysia, Pakistan, St. Kitts & Nevis, Singapore, Sudan) Lethal injection (China, USA) Shooting (Afghanistan, Belarus, China, Indonesia, Iran, Mongolia, Viet Nam) Stoning (Iran) Electrocution (USA)

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

23. NEBRASKA Death Penalty and Death Row

24. Types of Murder: First Degree :  Premeditation!  Fully conscious of the act.  Malice Aforethought  Killing deliberately and intentionally.

25. Types of Murder: Second Degree  “Heat of the Moment”  No premeditation  SOMETIMES connected to ‘commission of another crime’

26. Types of Murder: Third Degree Manslaughter in most states!  Creating a dangerous situation that leads to death.  Murder caused without premeditation and willfulness.  Lack of malice.

27. Manslaughter divides into two types: VOLUNTARY MANSLAUGHTER: You knew that the situation was dangerous.

28. Manslaughter divides into two types: Involuntary Manslaughter:  You didn’t necessarily know the situation was dangerous.  DEPENDS ON A LOT OF THINGS!

29. Nebraska is “Unique” in the checklist for the death penalty Premeditation Fully Conscious of what you are doing (no delusions / psychosis) Malice VICTIM SUFFERING  ONLY in Nebraska

30. Death Sentences: JURIES, not judges, decide if death should be given. 3 judge panel immediately reviews the case to see if due process was followed. 1 appeal is paid for by the state.

31. Death Sentences After one appeal it is up to the defendant. May appeal ONLY on due process questions – not guilt or innocence!

32. Who sits on Nebraska’s Death Row? Carey Dean Moore: Sentenced for the murder of two Omaha cabdrivers in 1979.  Said he wanted to kill “older” men because he thought they’d fight him less as he robbed them than killing someone his own age.  Called several times and waited and watched for the right “marks.”

33. Scenario #1 James Smith is a charismatic person who convinced numerous people in a small town that he was a “prophet.” While living with numerous people on a farm, he convinced and orchestrated the brutal killings and torture of a child and adults. The torture included sexually abusing the victims, physically harming them, even skinning them. Does Mr. Smith’s case deserve the Death Penalty? Why or why not? Which would he be convicted of, 1st or 2nd Degree Murder?

34. Michael Ryan Sentenced for the brutal torture and murder of three members of his religious cult on a farm outside of Rulo, Nebraska in 1985. Possession of defaced firearm 5yrs 2nd deg. Murder 10-life 1st deg. Murder Death Penalty

35. John Lotter John Lotter: Sentenced for the December 1993 murders of Teena Brandon, Lisa Lambert and Philip Devinein Humbolt in December 1993. His accomplice, David Nissen receive a life-sentence in return for his testimony against Lotter.

36. David Dunster “Suicide by State” David Dunster: Sentenced for killing his cell mate, Jerry Witt, in 1997 while serving a sentence in Nebraska for two previous killings; a 1972 rape and murder of an Oregon woman and the 1979 killing of a fellow cell mate.

37. Who sits on Nebraska’s Death Row? Raymond Mata Jr.: Sentenced in 2000 for killing and dismembering Adam Gomez, his girlfriend's young son, in Scottsbluff, Nebraska.

38. Who sits on Nebraska’s Death Row? Arthur Lee Gales Jr.: Given two death sentences in November 2001 for two counts of first-degree murder and one count of attempted first-degree murder for the Nov. 12, 2000 deaths of Latara and Tramar Chandler and the beating of their mother, 36-year- old Judy Chandler.

39. Jeffrey Hessler: 2005 Hessler raped and killed 15- year-old Heather Guerrero execution style after he kidnapped her at the end of her paper route. Her body was found in the basement of an abandoned home. After he was arrested for the Guerrerro case, Hessler was convicted of raping another papergirl in a nearby city six months earlier.

40. For the Norfolk Bank Robberies Jose Sandoval: One of four men convicted of killing 5 people in a U.S. Bank branch in Norfolk, NE on Sept. 26, 2002.

41. For the Norfolk Bank Robberies Jorge Galindo: One of four men convicted of killing 5 people in a U.S. Bank branch in Norfolk, NE on Sept. 26, 2002.

42. Scenario #2 Rick Johnston has been obsessed with necrophilia. In order to fulfill his fantasy, he chokes an older woman until he believes her to be dead. Once he thinks she is dead, he rapes the body. The victim regains consciousness at which point Mr. Johnston chokes the victim again. The victim subsequently dies. Should Mr. Johnston receive the Death Penalty? Why or why not?

43. Randy Drinkwalter Originally sentenced to death, but sentenced was “thrown out” Resentenced to with Manslaughter 6-20 yrs and Use of a Firearm to commit a felony 6-20

44. Recently Released from Death Row In 1999 Jerry Simpson and Clarence Victor were taken off of Nebraska's death row due to a law passed in 1998 that prohibits the execution of people with IQ scores of less than 70.

45. Recently Released From Death Row On January 7, 2000 the Nebraska Supreme Court vacated the death sentence of Randy Reeves stating that the 1991 Nebraska Supreme Court had acted unconstitutionally. Reeves had been sentenced to death for the drug induced murder of Janet Mesner and Victoria Lamm in Lincoln on March 29, 1980

46. Recently Released From Death Row 2001 Jeremy Sheets was released after prosecutors decided not to retry his case. Sheets had been sentenced to death for the September 23, 1992 kidnapping and murder of Kenyatta Bush.  Confession of co-defendant Adam Barnett violated 5 th Amendment.

47. Recently Released from Death Row On August 3rd, 2001 Peter Hochstein and Michael Anderson had their sentences commuted to life in prison. Anderson and Hochstein were sentenced to death for the 1975 murder- for-hire of Omaha real estate businessman Abboud.  Why the Key?

48. Cheated the Chair Charles Jess Palmer: Sentenced for the 1979 murder of a Mr. Zimmerman in Grand Island. Palmer died on death row of natural causes in the Summer of 2006.

49. Cheated the Chair 2001 Roger Bjorklund was found unresponsive in his cell and was later pronounced dead at a Lincoln hospital. It has been stated Bjorklund died "not of natural causes," but this mysterious statement has not yet been further explained

50. Executed in Nebraska since 1976 Harold Lamont "Wili" Otey was executed 9/2/1994. John Joubert was executed in 7/171996. Robert Williams was executed 12/2/1997 Here’s the list of all inmates sentenced to Death in NElist of all inmates