1. STATISTICS AND METHODS OF EXECUTION

THE FIRST RECORDED execution in the territory known as the United States of America was that of Daniel Frank, who was put to death in 1622 in the Colony of Virginia for the crime of theft. Since then, the death penalty has almost always been a feature of the criminal justice system, first in the American colonies and then, after independence, in the US. By the end of the 1960s all but ten states had laws authorising capital punishment and there were an average of 130 executions per year. However, significant opposition during this period resulted in an unofficial moratorium on executions for several years, with the last execution of the old system taking place in 1967.

Legal challenges to the death penalty resulted in a 5–4 US Supreme Court decision known as Furman vs. Georgia (1972), which dismantled federal and state capital punishment laws and permitted wide discretion in the application of the death penalty. Characterising these laws as ‘arbitrary and capricious’, the majority ruled that they constituted cruel and unusual punishment in violation of the Eighth Amendment to the US Constitution. Only two of the justices concurring in the decision declared capital punishment to be unconstitutional in all instances. However, other concurrences by three other justices focused on the arbitrariness of the application of capital punishment, including the appearance of racial bias against black defendants. In all, nine separate opinions – five invalidating existing laws and four arguing for their retention – were written by the nine Supreme Court justices spelling out their different views on what constituted the ‘cruel and unusual punishment’ prohibited by the Eighth Amendment.

More than 600 death row inmates who had been sentenced to death between 1967 and 1972 had their death sentences lifted as a result of Furman, but the numbers quickly began to build up again as states enacted revised legislation tailored to satisfy the Supreme Court’s objections to arbitrary imposition of death sentences. These laws were of two major types: the first type, providing for guided discretion, was upheld by the Supreme Court in three related cases in Georgia, Texas and Florida. Statutes validated by the Supreme Court afforded sentencing courts the discretion to impose death sentences for specified crimes and provided for two-stage, or ‘bifurcated’ trials, involving in the first stage the determination of a defendant’s guilt or innocence and, in the second, determination of the sentence after consideration of aggravating and mitigating circumstances. In Georgia and Texas, the final sentencing decision rested with the jury, and in Florida with the judge.

Those laws which provided a mandatory death penalty for specific crimes, and allowing no judicial or jury discretion beyond the determination of guilt, were declared unconstitutional in North Carolina and Louisiana, both in 1976. These rulings led directly to the invalidation of mandatory death penalty statutes in 21 states, and resulted in the modification of the sentences of hundreds of offenders from death to life imprisonment.

The first execution under the new death penalty laws took place on 17 January 1977, when convicted murderer Gary Gilmore was executed by firing squad in Utah. Gilmore’s was the first execution in the United States since 1967. Executions increased dramatically in 1984, and there have been at least 10 executions in the US every year since. There were 74 executions in 1997. From 1977 to 1997, a total of 432 executions took place. Of the executed prisoners during this period, 266 were white, 161 were black, and five were of other races. By the end of 1997, 38 states, the Federal Government and the US Military authorised the death penalty. Those jurisdictions without the death penalty include twelve states (Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia and Wisconsin) and the District of Columbia.

The most common methods of execution in the USA are electrocution and lethal injection (of poison), with a few states providing the option of asphyxiation by gas. A couple of states also provide for execution by firing-squad or hanging. Below is a list of methods of execution by state. This information was up to date as of October 2002 although statistics vary at source.

LETHAL INJECTION

Arizona [1, 2, 5]; Arkansas [1, 2, 5]; California; Colorado; Connecticut; Delaware [1, 2, 5]; Idaho [1, 2, 8]; Illinois; Indiana; Kansas; Louisiana; Maryland [1, 2]; Mississippi [1, 2]; Missouri [1, 2, 8]; Montana; Nevada; New Hampshire [1, 2]; New Jersey; New Mexico; New York; North Carolina [1, 10]; Ohio [1, 10]; Oklahoma [1, 2]; Oregon; Pennsylvania; South Carolina [1, 2, 10]; South Dakota; Texas; Utah [1, 10]; Virginia [1, 2, 10]; Washington [1, 2, 10]; Wyoming [1, 2].

ELECTROCUTION

Alabama; Arkansas [1, 5]; Florida; Georgia; Kentucky; Nebraska; Ohio [1, 2, 10]; Oklahoma [1, 3]; South Carolina [1, 2, 10]; Tennessee; Virginia [1, 10].

LETHAL GAS

Arizona [1, 5]; Maryland [1, 9]; Mississippi [1, 6]; Missouri [1, 8]; North Carolina [1, 2, 10]; Wyoming [1, 3].

HANGING

Delaware [1, 5]; New Hampshire [1, 7]; Montana [1, 3]; Washington [1, 10].

FIRING SQUAD

Idaho [1, 2]; Oklahoma [1, 4]; Utah [1, 10].

NO CAPITAL PUNISHMENT

Alaskas; Hawaii; Iowa; Maine; Massachusetts; Michigan; Minnesota; North Dakota; Rhode Island; Vermont; West Virginia; Washington, DC; Wisconsin.

1 – Authorises two or more methods of execution; 2 – primary method of execution; 3 – authorised if the primary method is held unconstitutional; 4 – authorised if the secondary method is held unconstitutional; 5 – authorised for those inmates sentenced before the date established for the primary method to select between the two methods; 6 – authorised for those inmates sentenced before the date established for the primary method; 7 – authorised only if primary method cannot be used; 8 – DC director chooses method of execution; 9 – authorises lethal gas for only one (1) inmate; 10 – inmate chooses method of execution.

US EXECUTIONS SINCE 1977 (as of 10 October 2002)

Texas 285

Virginia 86

Missouri 58

Florida 53

Oklahoma 52

Georgia 30

South Carolina 28

Louisiana 28

Arkansas 25

Alabama 23

Arizona 22

North Carolina 21

Delaware 13

Illinois 12

California 10

Nevada 9

Indiana 9

Utah 6

Mississippi 5

Ohio 4

Washington 4

Nebraska 3

Pennsylvania 3

Maryland 3

Montana 2

Kentucky 2

Oregon 2

Wyoming 1

Colorado 1

Idaho 1

Tennessee 1

New Mexico 1

Total 797

US EXECUTIONS BY YEAR (As of 10 October 2002)

1977 – 1

1978 – 0

1979 – 2

1980 – 0

1981 – 1

1982 – 2

1983 – 5

1984 – 21

1985 – 18

1986 – 18

1987 – 25

1988 – 11

1989 – 16

1990 – 23

1991 – 14

1992 – 31

1993 – 38

1994 – 31

1995 – 56

1996 – 45

1997 – 74

1998 – 68

1999 – 98

2000 – 85

2001 – 66

2002 – 48

US EXECUTIONS BY RACE AND GENDER (as of June 2001)

White

440 (56.4%)

Black

271 (34.7%)

Hispanic

56 (6.2%)

Native Am

7 (1.6%)

Asian

6 (0.8%)

Male

771 (98.8%)

Female

9 (1.2%)

WOMEN EXECUTED SINCE 1977

Velma Barfield (North Carolina) 2-11-84

Karla Faye Tucker (Texas) 3-02-98

Judy Buenoana (Florida) 30-3-98

Betty Lou Beets (Texas) 24-2-2000

Christina Riggs (Arkansas) 2-5-2000

Wanda Jean Allen (Oklahoma) 11-1-2001

Marilyn Platz (Oklahoma) 4-12-2001

Lois Nadean Smith (Oklahoma) 4-12-2001

Lynda Lyon Block (Alabama) 10-5-2002

Aileen Wuronos (Florida)

US EXECUTIONS SINCE 1930

1930–1939

1,690

1940–1949

1,284

1950–1959

717

1960–1969

191

1970–1979

3

1980–1989

117

1990–1999

518

2000–2010

198 (as of 2002)

Total

4,718

As of July 2002, 3,718 inmates were awaiting execution on Death Row in the United States.

CURRENT DEATH ROW BY RACE

White

1,683 (46.3%)

Black

1,597 (42.9%)

Hispanic

347 (8.7%)

Native Am

42 (1.3%)

Asian

41 (0.8%)

Unknown

17 (0.5%)

CURRENT DEATH ROW BY GENDER

Male

3,657 (98.5%)

Female

54 (1.5%)

CURRENT DEATH ROW BY AGE

Over 18 (at time of murder)

3,628 (97.8%)

Under 18 (at time of murder)

83 (2.2%)

Those executed during 1998 spent an average of 10 years, 10 months awaiting execution.

Of the 3,593 inmates on Death Row as of 1 Jan 2001:

Sources: Capital Punishment 2000

Department of Justice

Bureau of Justice Statistics

Below is a description of how each method of execution is carried out, along with a sample of state protocol on the method.

LETHAL INJECTION

‘People think this is all painless and stuff like that. It ain’t! Basically, they [the condemned] suffer a lot. They are sort of paralysed but they can hear. They drown in their own fluid and suffocate to death, really. Yeah, we get problems. Sometimes the guy doesn’t want to get onto the table. But we have the largest guard in Texas here. He gets them on that table, no problem. They are strapped down in seconds. No problem. They go on that mean old table and get the goodnight juice whether they like it or not.’

Assistant Warden-in-Charge of Executions, Neil Hodges, to the authors, 1985.

Lethal injection is the most commonly used means of execution in the United States of America. Execution by lethal injection involves the continuous intravenous injection of a lethal quantity of a short-acting barbiturate in combination with a chemical paralytic agent. A number of doctors have pointed out that drugs may not work effectively on diabetics or former drug users, whose veins may be hard to reach. In some cases minor surgery may be required to cut in to a deeper vein, according to medical testimony.

The inmate is first secured with ankle and wrist straps in the preparation room outside the death chamber, then the cardiac monitor leads and a stethoscope are attached. Two saline intravenous lines are started, one in each arm – occasionally in the leg – and the condemned person is covered with a sheet up to the chest.

The saline lines are turned off and three massive doses of lethal drugs are injected in turn. Sodium thiopental causes unconsciousness, usually within a few minutes. Pancuronium bromide (the generic name for Pavulon) is a total muscle relaxant that paralyses the lungs and stops the breathing. Potassium Chloride arrests the heart, causing death.

States using Lethal Injection: Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Louisiana, Maryland, Mississippi, Missouri, Montana, Nevada, New Jersey, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, Wyoming and also the US Military and US Government.

TEXAS’ PROTOCOL ON EXECUTION BY LETHAL INJECTION

Texas leads the nation in the number of executions it has performed in recent history, and has been on a record-setting pace to date. Texas adopted lethal injection as its sole method of execution in 1977. The following is a partial description of Texas’ protocol on execution by lethal injection.

ELECTROCUTION

Electrocution produces visibly destructive effects as the body’s internal organs are burned; the prisoner often leaps forward against the restraining straps when the switch is thrown. The body changes colour, the flesh swells and may even catch fire. The prisoner may defecate, urinate or vomit blood. Witnesses always report that there is a nauseating smell of burning flesh and all electrocution chambers are equipped with sickness bags. In most states, the condemned person has their head shaved, and also the leg where the ankle electrode is attached. Cotton wadding is then pushed into the ears, nose and anus to prevent the leakage of boiling brain matter or faeces. A ligature is tied around the penis to prevent urination. The most common technique is 2000–2200 volts at 7–12 amperes for 60–90 seconds, possibly lowered and reapplied at various intervals until death.

Dozens of men and women have suffered excruciating agony on the electric chair. Death can take place within seconds as the current may destroy the brain instantly; however, it is not unusual for the condemned to live for as long as twenty minutes. The chair, in which Willie Francis sat, malfunctioned. Drunken workmen had improperly connected the cables. Less than the full current passed through his body and, despite several shocks being administered, he survived. He described the pain as ‘the fires of Hell’. After an appeal, the second attempt to kill him was successful.

In the 27 July 1893 execution of William Taylor, the chair had a malfunction which took an hour to repair, during which time he died in agony. More recent botched electrocutions include the 4 May 1990 execution of Jesse Tafero, which required four power surges and had flames, sparks and smoke emanating from the hood on his head. The flames, which shot several feet above his head, were caused by the sponge placed under the death cap. All sponges used today are natural sea sponges and are fire resistant. States using Electrocution: Alabama, Arkansas, Florida, Georgia, Kentucky, Nebraska, Oklahoma, Ohio, South Carolina, Tennessee, Virginia.

FLORIDA’S PROTOCOL ON EXECUTION BY ELECTROCUTION

Florida adopted electrocution as its sole method of execution in 1923, replacing the previous method of hanging, although, in January 2000, the Florida Legislature passed a resolution that now allows for lethal injection as an alternative method of execution. The first execution by electrocution performed in Florida occurred in 1924. Executions are performed at Florida State Prison in the town of Starke. The following is a partial description of Florida’s protocol on execution by electrocution.

The following individuals are authorised to attend an execution: twelve official witnesses; four alternate witnesses; twelve media witnesses; one departmental staff escort; one member of the medical staff; one member of the department’s information services; one security officer. The execution team is debriefed following an execution and counselling is available to the team members. Florida has a written protocol on executions, which is not required by law. No portion of the protocol is public information.

GAS CHAMBER

The prisoner is restrained in a hermetically sealed steel chamber, below which is a pan. Upon a signal, the executioner opens a valve, flowing hydrochloric acid into the pan. On a second signal, about eight ounces of potassium cyanide crystals or tablets are dropped mechanically into the acid, producing hydrocyanic gas, which destroys the ability of blood haemoglobin to perform. (The root word of cyanide, CYAN, denotes a blue colour, descriptive of the body’s hue.) Unconsciousness occurs within a few seconds if the prisoner takes a deep breath, and longer if he or she holds their breath. After pronouncement of death, the chamber is evacuated through carbon and neutralising filters. Gas-masked crews decontaminate the body with a bleach solution and are ‘outgassed’ prior to release. An unwary undertaker could be killed if this is not done. States using Gas Chamber: Arizona, California, Maryland, Mississippi, Missouri, North Carolina, Wyoming.

NORTH CAROLINA’S FORMER PROTOCOL ON EXECUTION BY LETHAL GAS

While the electric chair was still in use as late as 1938, North Carolina began to use the gas chamber several years earlier. North Carolina’s first execution by lethal gas occurred in 1936. From 1936 to 1961, the state used the gas chamber to execute 190 offenders. In 1983, the state gave condemned offenders the choice of lethal injection or lethal gas, but lethal gas remains the primary method of execution. From 1984 until 1994, no inmate chose the gas chamber. In 1994, David Lawson did not request lethal injection and was executed by lethal gas. Philip Wilkinson was due to be executed by lethal gas in April of 1997, but he won a stay 19 hours before his execution was to take place. The following is a partial description of North Carolina’s protocol on execution by lethal gas.

HANGING

The prisoner is weighed prior to execution. The ‘drop’ is based on the prisoner’s weight (tables were developed in England during the 1800s) to deliver 1260 foot-pounds of force to the neck. Essentially, the prisoner’s weight in pounds is divided into 1260 to arrive at a drop in feet. This is to assure almost instant death, a minimum of bruising, and neither strangulation nor beheading. Properly done, death is by dislocation of the third or fourth cervical vertebrae. The familiar noose coil is placed behind the prisoner’s left ear, so as to snap the neck upon dropping. States using Hanging: Delaware, Montana, New Hampshire, Washington

Washington authorises executions by hanging. From 1904 until 1963, Washington executed 72 offenders by this method. Since the reinstatement of the death penalty, the state has executed two offenders by hanging. While lethal injection has been authorised since 1981 as an option, the offender may select lethal injection, although no execution by lethal injection has been performed. Hanging is Washington’s primary method of execution. The following is a partial description of Washington’s protocol on execution by hanging.

FIRING SQUAD

There is reportedly no protocol for the procedure which according to information involves a five-man team, one of who will use a blank bullet so that none of them knows who was the real executioner. Since the reinstatement of the death penalty two persons have been executed by this method – Gary Gilmore in 1977 and John Taylor on 26 January 1996. States using Firing Squad: Utah, Idaho, Oklahoma.

UTAH’S PROTOCOL ON EXECUTION BY FIRING SQUAD

Utah authorised execution by firing squad before it became a state. In recent history, it has executed two offenders by firing squad. In 1977, Utah executed Gary Gilmore, the first offender to be executed in the United States after the reinstatement of the death penalty. In 1996, John Albert Taylor was executed by firing squad. Taylor decided upon this method of execution instead of execution by lethal injection, which was also available to Utah’s condemned offenders. Utah’s protocol on lethal injection is patterned after Texas’ protocol. The following is a partial description of Utah’s protocol on execution by firing squad.