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:
- 64% had a prior felony conviction at the time of the murder.
- 8% had a prior homicide conviction at the time of the murder.
- 7% had criminal charges pending at the time of the murder.
- 28% were on probation, parole or serving time at the time of the murder.
- 3.9% were incarcerated or had escaped from incarceration.
- 16% had accumulated more than one death sentence.
- 23% were married, 21% divorced, 3% widowed, and 54% never married.
- 48% were high school/GED graduates.
- 54 (1.4%) were women.
- 72 (2.3%) were under 18 at the time of the murder.
- 10 (0.3%) were 60 years or over at the time of the murder.
- The average age was 38 years (28 sentencing).
- The youngest inmate was sentenced to death in Arizona in October 2000 at the age of
18 years, 6 months, and as of 1 January 2001 was 18 years, 9 months old.
- The oldest inmate was sentenced to death in Arizona in June 1983 at the age of 67,
and as of 1 January 2001 was 85 years old.
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.
- Texas does not conduct a ‘mock’ execution prior to each actual execution, but execution
security personnel conduct regular drills to ensure their ability to function as a
team.
- Texas does not employ a single executioner to perform an execution by lethal injection;
it uses an injection team consisting of Texas Department of Criminal Justice employees
who perform the execution without additional compensation and on a voluntary basis.
These individuals are required to have sufficient medical knowledge to perform their required duties. There is no psychological evaluation to determine an employee’s
fitness for the team. Employees serve on the injection team until they resign or are
replaced.
- The execution facility consists of a separate building within the secure perimeter
of the Huntsville Unit. It contains a four-room suite (consisting of a room where
the injection team is located), the execution chamber, and two sight- and sound-separated
witness rooms. Immediately adjacent to these rooms, and within the same building,
is a secure housing area with ten holding cells where the prisoner is received from
the Ellis Unit prior to the execution.
- After clearances have been received from the governor and the attorney general, the
condemned offender is escorted by five correctional officers from a holding cell to
the execution chamber next door. There he is placed on a gurney and secured by leather
straps located at the wrists, biceps, chest, stomach and legs. The offender is not
masked or hooded during the execution. The offender is permitted head movement so
that he may turn his head to face witnesses (the media, his family, and the victims’
families) when making a final statement.
- Before any witnesses are brought into the execution facility, the microphone and speakers
in each witness room are tested and the intravenous (IV) tubes are set up. Two administration
sets are used – one for each arm. The line for the right arm is held in reserve as
a contingency line in case of a malfunction or blockage in the first line. A flow
of normal saline is begun. The injection team does IV preparation.
- Witnesses are escorted into the witness room. The warden asks the offender if he has
any last statement. Then, the procedure is initiated. The prisoner is given a sequence
of three drugs using a manual process (instead of an injection machine). First, a
lethal dose of sodium thiopental is administered, which is supposed to initially render
the offender unconscious. This takes approximately 30 seconds. After a saline flush,
Pancuronium bromide – a muscle relaxant – is administered to collapse the offender’s
diaphragm and lungs. This takes approximately 45 seconds. After a second saline flush,
potassium chloride is administered to stop the offender’s heart. This takes approximately 30 seconds. The administration
of drugs takes less than two minutes.
- Several minutes after the last signs of life are evident, the warden asks the physician
to be brought in to pronounce death. The estimated average length of time that elapses
from the time that the offender is restrained until the time that death is determined
is seventeen minutes.
- Texas authorises the following individuals to attend an execution: departmental staff
deemed necessary by the executive director of the Texas Department of Criminal Justice;
members of the Texas Board of Criminal Justice; departmental chaplains and, if requested
by the offender, a personal minister with appropriate credentials; the Walker County
(Texas) judge and sheriff; a media pool consisting of one reporter from the Huntsville Item, a United Press International reporter, an Associated Press reporter, and one additional
print media representative (typically from the offender’s county of residence), and
a broadcast representative selected from rotating lists of applicants maintained by
the department’s public information office; not more than five (non-inmate) relatives
or friends of the offender; not more than five close relatives of the deceased victim.
(If there are fewer than five close relatives, witnesses may include close relatives
of a victim for whose death the offender has been convicted but not sentenced to death.)
- Staff members newly assigned to the execution function are required to attend a debriefing
(facilitated by the department’s Post-Trauma Staff Support Program) within 72 hours
of their participation in their first execution. No formal debriefing is held for
experienced execution staff members, though referrals to counsellors are available.
- Texas does not report if it has a written protocol on executions.
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.
- Prior to each execution, the execution equipment is tested. Additionally, testing
of the execution equipment is performed a minimum of eight times each year. A ‘mock’
execution is performed prior to each actual execution.
- Florida employs a single executioner. The executioner must exhibit a willingness to
participate and must uphold the confidentiality of the execution proceedings. To select
an executioner, the position is originally advertised in newspapers. Applications
are taken and evaluated. Applicants are interviewed (but are not given a psychological
evaluation). The Florida Department of Corrections does not report who conducts these
interviews or evaluations or who selects the executioner, nor does the department
report whether the executioner serves only for a single execution or serves until
he resigns or is replaced. The executioner is compensated.
- The execution team consists of administrative, maintenance, security and medical staff
who are selected by the superintendent of Florida State Prison. The superintendent
is in charge of the team. The execution team members are not compensated for their
services. Service on the team is voluntary for all members except for the superintendent
and the medical executive director.
- Criminal Justice Committee staff have reviewed numerous documents provided by the
department to try to ascertain what the procedures are on the day of execution. To
the best of the staff’s knowledge, the following presents a partial description of
Florida’s current procedures for executing a condemned offender by electrocution.
- Staff at Florida State Prison supervise the shaving of the crown of the condemned
offender’s head and the offender’s right leg from the knee to the ankle.
- Official witnesses, who have reported to Florida State Prison’s Administration Building,
are greeted by two designated Department of Corrections’ staff and, as a group, are
escorted by the designated staff to the main entrance of Florida State Prison, cleared by
security, and escorted to the staff dining room where they remain until escorted to
the witness room of the execution chamber by the designated escort staff.
- Authorised media witnesses are picked up at a designated media area at New River Correctional
Institution by two designated Department of Corrections’ escort staff, transported
to the main entrance of Florida State Prison as a group, cleared by security, and
escorted to the population visiting park where they remain until escorted to the witness
room of the execution chamber by the designated escort staff.
- The offender is escorted to the shower area. Following the shower, the offender is
returned to his assigned cell and issued underwear, a pair of trousers, a dress shirt
or blouse (as appropriate) and socks. The offender wears no shoes. A suit coat is
not worn by the offender during the execution but is placed on the offender’s body
after the execution proceedings.
- At the direction of the superintendent, all calls are forwarded to the execution chamber
from the Governor’s office through a switchboard extension. Should institutional telephone
lines fail at any time during the process, the switchboard operator immediately advises
the Command Center, which is located within hearing range of the switchboard operator.
Telephones in the execution chamber are checked. Staff also ensure that a fully charged
cellular telephone is in the execution chamber. Sample telephone calls are placed
to each telephone to ensure proper operation. The public address system is also checked
to ensure its proper operation.
- A saturated saline solution is mixed and two natural sea sponges are placed in the
solution.
- Staff establish telephone communication with the Governor’s office on behalf of the
superintendent. This phone line remains open during the entire execution proceeding.
- Staff verify that water on X-wing is turned off.
- The executioner is present in the execution chamber.
- Staff ensure that a salt-free, hypoallergenic, electrically conducive gel is applied
to the crown of the offender’s shaven head and the calf of the offender’s right leg in a total application of approximately
4 ounces.
- Just prior to the execution, the superintendent reads the death warrant to the offender
and the offender is allowed to make a last statement.
- Official witnesses are secured in the witness room of the execution chamber by two
designated Department of Corrections’ escort staff. The same procedure is followed
with the media witnesses. The witness room of the execution chamber is secured. The
execution chamber is secured.
- Staff apply restraints to the offender for escort into the execution chamber. Prior
to the offender being escorted, security arrangements have been made for his movement
from his Q-wing cell to the execution chamber in compliance with a schedule set by
the superintendent. At the offender’s request and subject to the approval of the superintendent
or assistant superintendent, the chaplain may accompany the offender to the execution
chamber. The time is recorded when the offender enters the chamber.
- The offender enters the execution chamber and is placed in the electric chair. The
chair is constructed of oak and is set on a rubber matting and bolted to a concrete
floor. Lap, chest, arm and forearm straps are secured. When the straps are secured,
the restraints are removed and ankle straps are secured. A leg piece (anklet) is laced
to the offender’s right calf and a sponge and electrode is attached. Staff ensures
that the sponge covers all areas of the electrode to prevent any contact of the electrode
with the offender’s skin, and also ensures that the sponge is sufficiently wet (slightly
dripping). The headpiece is secured. The headgear consists of a metal headpiece covered
with a leather hood, which conceals the offender’s face. The metal part of the headpiece-consists
of a copper wire mesh screen to which the electrode is brazened. A wet sponge is placed
between the electrode and the offender’s scalp. Excess saline solution from the sponge
is dried with a clean towel. During the execution, two Department of Corrections’
staff members are posted in the execution chamber to ensure that the offender is seated
and that the electrocution equipment is properly connected.
- A staff member then proceeds to the outside open telephone line to inquire of any
possible stays of execution. If there are no stays, the execution proceeds.
- The safety switch is closed. The circuit breaker is engaged. The execution control
panel is activated. The executioner is signalled either verbally or by gesture to
engage the execution switch and the automatic cycle begins. While the automatic cycle
has five cycles only three cycles are used. The automatic cycle begins with the programmed
2,300 volts (9.5 amps) for eight seconds, followed by 1,000 volts (4 amps) for 22
seconds, followed by 2,300 volts (9.5 amps) for eight seconds. When the cycle is complete,
the electrician indicates that the current is off. Equipment is disconnected. The
manual circuit behind the chair is disengaged. The safety switch is opened. The time
in which the execution switch is disengaged is recorded.
- Two minutes after the electrical current ceases, the physician examines the offender’s
body for vital signs. The physician pronounces the offender’s death and the time of
death. The estimated average length of time that elapses from the time the offender
is restrained to the time that death is determined is ten minutes. The physician signs
the death certificate, and the physician and physician’s assistant ensure that the
proper documents are recorded. If the offender is not pronounced dead, the execution
cycle is then ordered to be repeated.
- The Governor is notified via the open phone line that the sentence has been carried
out and that the offender has been pronounced dead. There is another announcement
to the official witnesses and the media that the sentence has been carried out. Then,
the witnesses and media are directed to exit the witness room. The official witnesses,
except for the designated Inspector General (IG) witness, and the media pool are escorted
from the witness room by designated Department of Corrections’ escort staff. The designated
IG witness remains in the witness room. After all other witnesses have exited the
building; the IG designee is allowed entry into the execution chamber for evidence
collection. The IG designee is authorised to collect both the head and leg sponges
(which are placed in a plastic bag and securely sealed), inspect the execution equipment, make notes, and depart with these materials.
If an unusual incident or problem should occur during an execution, the IG designee
is also authorised to photograph the narrow and specific electrode contact points.
- Staff co-ordinates the entry of hearse attendants for recovery of the offender’s body.
The offender is removed from the chair by the hearse attendants who are under supervision.
The body is placed on a stretcher and then moved to a hallway outside the execution
chamber. The executioner is compensated. A certification of death is obtained from
the physician and is delivered to the hearse attendants prior to their departure.
- As soon as possible after the execution proceeding, the superintendent forwards the
death warrant to the Governor, indicating that the execution has been carried out
and files a copy of the death warrant with the circuit court in which the condemned
offender was convicted and sentenced to death. The correctional senior sentence specialist
advises Central Records by teletype of the condemned offender’s name and the date
and time of death by execution.
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.
- Prior to any execution, at least three live tests of the execution chamber are conducted
using the chemicals that are used in an actual execution. ‘Mock’ rehearsals are also
performed.
- The three executioners are staff members selected by the warden of the Central Prison.
They are not given a psychological evaluation unless an evaluation is requested. They
remain a part of the execution team until replaced. The execution team consists of
the warden, deputy warden, the three executioners, the trained medical team (three
individuals), the chaplain, the escort team (four individuals) and the security co-ordinator. The team members, including the executioners, are not
compensated beyond their regular salary. Service on the execution team is voluntary,
except for the warden and deputy warden. The warden selects the execution team and
is in charge of the team.
- The execution chamber is an airtight compartment. A wooden chair with a high back,
arm rests and footrests is mounted against the chamber’s back wall. A steel door is
to the left of the chair (as viewed from the witness chamber), and the control room
is to the right. After entering the gas chamber, the condemned offender is placed
in the chair, and then restraints are applied to his chest, waist, arms and ankles.
The offender wears a mask during the execution.
- The chair is equipped with a metal container beneath the seat. Cyanide pellets are
placed in this container. A metal canister is on the floor under the container filled
with a sulphuric acid solution. There are three keys in the control room. There are
also three executioners, and each executioner turns one key. When the three keys are
turned, an electric switch causes the bottom of the cyanide container to open allowing
the cyanide to fall into the sulphuric acid solution, producing a lethal gas. Inhalation
of this gas is supposed to initially render the offender unconscious.
- A heart monitor attached to the offender can be read in the control room by a staff
member. After the warden pronounces the offender dead, ammonia is pumped into the
execution chamber to neutralise the gas. Exhaust fans then remove the inert fumes
from the chamber into two scrubbers that contain water and serve as a neutralising
agent. The neutralising process takes approximately 30 minutes from the time the offender’s
death is determined. Litmus paper is used to test the level of lethal gas emissions
remaining in the chamber. When the gas is neutralised and the chamber is cleared,
staff members wearing disposable protective clothing enter the chamber and remove
the offender’s body for release to the county medical examiner.
- The estimated average length of time that elapses from the time the offender is restrained
until death is determined is approximately 38 minutes, though death is estimated to
usually occur within six to eighteen minutes of the lethal gas emissions.
- The execution team is debriefed following an execution, and counselling is available
to the team.
- North Carolina has a written execution protocol, which is required by law. A pamphlet
summarising North Carolina’s protocol is public information.
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.
- Washington does not have a designated ‘hangman’ or executioner. One member of the
execution team pushes the button that releases the trap door. The only information
available on the execution team is that the superintendent selects and participates
on the team. Washington’s field instructions for hanging state ‘the Superintendent
will appoint and provide a briefing to those individuals as required to implement
the execution process. No individual will be required to participate in any part of
the execution procedure.’
- Prior to any execution, the gallows area trap door(s) (Washington has two trap doors
since it has in its past performed double hangings) and release mechanisms are inspected
for proper operation, and a determination of the proper amount of the drop of the
condemned offender through the trap door is calculated using a standard military execution
chart for hanging. The rope, which is of manila hemp of at least three-quarters of
an inch and not more than one-and-one-quarter inch in diameter and approximately 30
feet in length, is soaked and then stretched while drying to eliminate any spring,
stiffness, or tendency to coil. The hangman’s knot, which is tied pursuant to military
regulations, is treated with wax, soap, or clear oil, to ensure that the rope slides
smoothly through the knot. The end of the rope which does not contain the noose is
tied to a grommet in the ceiling and then is tied off to a metal T-shaped bracket,
which takes the force delivered by the offender’s drop.
- Additionally, prior to an execution, the condemned offender’s file is reviewed to
determine if there are any unusual characteristics the offender possesses that might
warrant deviation from field instructions on hanging. If needed, a physical examination
is conducted on the offender to determine if any special problems exist like obesity
or deterioration of the bone or musculature structure that may affect the execution
process. At this examination, the offender’s height and weight are measured. Based
upon this review of the offender’s medical files and examination, the superintendent
may consult with appropriate experts to determine whether deviation from policy is
advisable to ensure a swift and humane death. For example, the offender may need a
shoulder brace or have only one arm.
- At the appropriate time on execution day, the condemned offender, in restraints, is
escorted to the gallows area and is placed standing over a hinged trap door from which
the offender will be dropped. Washington’s gallows area does not have a platform or
scaffold. The superintendent of Washington State Penitentiary describes the gallows
area as like the balconies on old bank buildings. This ‘balcony’ is attached to the
building in which the execution takes place.
- Following the offender’s last statement, a hood is placed over the offender’s head.
The hood is fashioned to have a rough outer surface of material and is split at the
open-end so that it comes well down over the offender’s chest and back. Restraints
are also applied. If the offender refuses to stand or cannot stand, he is placed on
a collapse board. The noose is placed snugly around the offender’s neck in such a
manner that the knot is directly behind the offender’s left ear.
- Upon direction from the superintendent, a member of the execution team pushes a button
that mechanically releases the trap door. The offender drops through the trap door.
Escorts then move to the lower floor location to assist in the removal of the offender’s
body. After an appropriate time, the superintendent calls for the physician to make
the pronouncement of death.
- The estimated average length of time that elapses from the time the offender is restrained
until death is determined is approximately five to ten minutes.
- Individuals authorised to attend an execution consist of the media, law enforcement,
the judiciary, family of the victim, and family of the offender. The execution team
is debriefed following an execution and counselling is available.
- Washington has a written protocol for executions by hanging which is not required
by law. This protocol is public information.
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.
- Prior to any execution, executioners, ‘death watch’ teams, tie-down teams and escorts
are selected and trained and rehearsals are conducted.
- The firing squad is composed of six members. One of these members is the squad leader.
The Utah Department of Corrections has no set policy on how firing squad members are
selected. However, the members of the firing squad are certified police officers selected
from a list supplied by a law enforcement agency and are selected by the executive
director of the department or his designee. Service on the firing squad is voluntary.
The executive director and the warden are ultimately responsible for the execution
team. The firing squad is compensated at the discretion of the executive director,
though Criminal Justice Committee staff have been informed that the firing squad involved
in the Taylor execution received compensation.
- At the appropriate time, the condemned offender is led to the execution area or chamber,
which is used for both lethal injection and firing squad executions. The offender
is placed in a specially designed chair, which has a pan beneath it to catch and conceal
blood and other fluids. Restraints are applied to the offender’s arms, legs, chest
and head. A head restraint is applied loosely around the offender’s neck to hold his
neck and head in an upright position. The offender is dressed in a dark blue outfit
with a white cloth circle attached by Velcro to the area over the offender’s heart.
Behind the offender are sandbags to absorb the volley and prevent ricochets. Dark
sheets are draped over the sandbags.
- Approximately 20 feet directly in front of the offender is a wall. This wall has firing
ports for each member of the firing squad. Each squad member can sight and fire out
of the firing port. There is a platform rest attached to the wall and below the firing ports
on which each weapon rests. The weapons used are 30–30 calibre rifles. No special
ammunition is used. The weapons are owned by the law enforcement agency where the
squad member is employed and are serviced and maintained by that agency.
- On one side of the execution area is a room for the government’s witnesses. On the
other side of the execution area are two witness rooms: one room for witnesses selected
by the offender; one room for media witnesses. The execution area is well lit with
the lighting directed towards the condemned offender.
- When the offender is restrained, the warden asks the offender if he has any last statement
to make. Following the offender’s statement, a hood is placed over the offender’s
head. The warden leaves the room.
- The firing squad members stand in the firing position. They support their rifles on
the platform rests. With their rifle barrels in the firing ports, the team members
sight through open sights on the white cloth circle on the offender’s chest. On the
command to fire, the squad fires simultaneously. One squad member has a blank charge
in his weapon but no member knows which member is designated to receive this blank
charge. Shortly after the shots are fired, death is determined. A physician and medical
personnel from the Utah Department of Corrections stand right outside the execution
area while the execution is taking place. The estimated average length of time that
elapses from the time that the offender is restrained to the time that death is determined
is eight to ten minutes.
- Execution team members and all staff participating in an execution participate in
a briefing and counselling prior to an execution and a debriefing and counselling
are available following an execution.
- Individuals authorised to attend an execution by firing squad include witnesses selected
by the offender, the victim’s family, government witnesses and administrative staff
(as determined by the executive director).
- Utah has a written protocol on executions by firing squads, which was developed to
comply with state statutes and ensure consistency.