In 1967 Luis Jose Monge is the last person to be executed in the United States for ten years. He is executed in Colorado's Gas Chamber.

In 1972 the US Supreme Court rules in Furman v. Georgia that the death penalty as implemented by the State of Georgia where the jury has complete discretion to decide death or life in prison is unconstitutional. The result being that all death penalty statutes in all states were struck down. This removed 629 inmates from death rows throughout the country.

The US Supreme Court rules in 1976 through two cases, Gregg v. George and Jurek v. Texas that a death sentence is not a per se violation of the 8th Amendment.

In 1977 Gary Gilmore becomes the first person executed in the United States in ten years. Gary Gilmore is executed in Utah by a firing squad.

In 1977 the Supreme Court rules in Coker v. Georgia that a death sentence for the crime of rape where death does not result is disproportionate and violates the Eighth Amendments prohibition against 'cruel and unusual punishments.'

In 1979 John Spenkelink is the second person executed in twelve years. Florida executes him in the electric chair.

1982 Texas executes Charles Brooks by lethal injection. This is the first execution by lethal injection.

1984 In North Carolina, Velma Barfield becomes the first woman to be executed in the United States since the reinstatement of the death penalty.

1985 the US Supreme Court rules in Ford v. Wainright that it is unconstitutional to execute the insane.

1987 the Supreme Court rules in Thompson v. Oklahoma that a death sentence may not be imposed on someone for a murder committed when they are 15 years old.

1989 the US Supreme Court rules in Stanford v. Kentucky that the Constitution does not prohibit the execution of 16 year olds who are convicted of murder and are sentenced to death.

1989 the US Supreme Court rules in Penry v. Lynaugh that executing mentally retarded people does not violate the Eighth Amendment.

1993 Westley Dodd becomes the first person in decades to be executed by hanging. He is hanged by the state of Washington.

1997 Timothy McVeigh becomes the 13th inmate on the federal death row.

1998 Karla Faye Tucker is executed by the state of Texas.

1999 sees the completion of the new lethal injection chamber at the federal penitentiary at Terre Haute, Indiana. All of the federal death row prisoners are moved there.

2000 Frank Lee Smith who spent 14 years on death row in Florida and who died there of cancer is posthumously cleared by DNA evidence.

2000, Illinois Governor George Ryan declares a moratorium on implementing the death penalty after a series of events and publicity shows severe problems in the process.

2001 in June of that year Timothy McVeigh becomes the first federal prisoner to be executed since 1963.

2001 Georgia's Supreme Court rules that electrocution is cruel and unusual punishment. Georgia switches over to lethal injection.

2002 April, Ray Krone is released from Arizona prison after DNA proves his innocence. He had been sentenced to death in 1992

2002 May, Maryland Governor Parris Glendening imposes a moratorium on executions.

June 2002 the US Supreme Court in Atkins v. Virginia rules that execution of the mentally retarded is cruel and unusual punishment. This reverses the Penry v. Lynaugh decision of 1989

2002 October, serial killer Aileen Wuornos is executed by the state of Florida.

2003, January, Governor George Ryan commutes all 167 condemned men on Illinois death row.

 

2003, September 30, Paul Hill, an anti abortion activist and zealot, is executed for shootings outside of the Ladies Center (an abortion clinic) in Pensacola, Florida.

2004, May 25, Twenty-five years after John Spenkelink dies in the electric chair, to mark that anniversary, Florida prepares to execute John Blackwelder. Florida leads the nation in executions with 58 since the reinstatement of the death penalty in 1976.

 

 

 

 



The New Jersey Code of Criminal Justice-
Death Penalty Laws

2C:49-2. Murder; sentence to death; administration of punishment
When a person is sentenced to death pursuant to the provisions of N.J.S. 2C:11-3, that punishment shall be imposed by continuous, intravenous, administration until the person is dead of a lethal quantity of an ultrashort-acting barbiturate in combination with a chemical paralytic agent in a quantity sufficient to cause death. Prior to the injection of the lethal substance, the person shall be sedated by a licensed physician, registered nurse, or other qualified personnel, by either an oral tablet or capsule or an intramuscular injection of a narcotic or barbiturate such as morphine, cocaine or demerol.

L.1983, c. 245, s. 2, eff. July 5, 1983.

2C:49-3. Determination of substances and procedure; dispensation of drugs without prescription; execution technicians
a. The commissioner shall determine the substances and procedure to be used in an execution. Any imposition of the punishment of death by administration of the required lethal substances in the manner required by section 2 of this act shall not be construed to be the practice of medicine and any pharmacist or pharmaceutical supplier is authorized to dispense drugs to the commissioner or his designee, without prescription, for carrying out the provisions of section 2, notwithstanding any other provision of law to the contrary.

b. The commissioner shall designate persons who are qualified to administer injections and who are familiar with medical procedures, other than licensed physicians, as execution technicians to assist in the carrying out of executions, but the procedures and equipment utilized in imposing the lethal substances shall be designed to insure that the identity of the person actually inflicting the lethal substance is unknown even to the person himself.

L.1983, c. 245, s. 3, eff. July 5, 1983.

2C:49-4. Facility
The department shall provide and maintain a suitable and efficient facility enclosed from public view, within the confines of a designated State prison for the imposition of the punishment of death. That facility shall contain the apparatus and equipment necessary for the carrying out of executions in accordance with the provisions of this act.

L.1983, c. 245, s. 4, eff. July 5, 1983.

2C:49-5. Warrant of execution; date
a. When a person is sentenced to the punishment of death, the judge who presided at the sentencing proceeding or if that judge is unavailable for any reason, then the assignment judge of the vicinage and, if not available, then any Superior Court judge of the vicinage, shall make out, sign and deliver to the sheriff of the county, a warrant directed to the commissioner, stating the conviction and sentence, appointing a date on which the sentence shall be executed, and commanding the commissioner to execute the sentence on that date.

b. If the execution of the sentence on the date appointed shall be delayed while the conviction or sentence is being appealed, the judge authorized to act pursuant to subsection a. of this section, at the conclusion of the appellate process, if the conviction or sentence is not set aside, shall make out, sign and deliver another warrant as provided in subsection a. of this section. If the execution of the sentence on the date appointed is delayed by any other cause, the judge shall, as soon as such cause ceases to exist, make out, sign and deliver another warrant as provided in subsection a. of this section.

c. The date appointed in the warrant shall be not less than 30 days and not more than 60 days after the issuance of the warrant. The commissioner may fix the time of execution on that date.

L.1983, c. 245, s. 5, eff. July 5, 1983.

2C:49-6. Delivery of warrant and person sentenced to department; confinement; physical access; court order; exceptions
a. Within 10 days after issuance of a warrant as provided in section 5 of this act, the sheriff shall deliver the warrant, and also the person sentenced, if he is not already in the custody of the department, to the department. From the time of the delivery of the warrant and until the imposition of the punishment of death upon him, unless discharged from the sentence, the person shall be kept isolated from the general prison population in a designated State prison.

b. During the confinement and isolation no person shall be allowed physical access to him without a court order which shall not be unreasonably withheld, except corrections officers and officials, his counsel, and the members of his immediate family, and then only in accordance with the department's rules for security. Upon the request of the inmate, a clergyman or a member of the press shall be allowed access to the inmate without a court order but only in accordance with the department's rules for security.

L.1983, c. 245, s. 6, eff. July 5, 1983.

2C:49-7 Persons present at execution.

7. a. The commissioner, the persons designated by the commissioner to act as execution technicians, and one licensed physician shall be present at the execution. The commissioner shall also select and invite the presence of, by at least three days' prior notice, six adult citizens. The names of the execution technicians shall not be disclosed, and the names of the six adult citizens who witnessed the execution shall not be disclosed until after the execution.

b.The commissioner shall, at the request of the person sentenced to death, authorize and permit no more than two clergymen, who are not related to the inmate, to be present at the execution. The commissioner may, at the request of the person sentenced to death, authorize and permit no more than two adult members of the person's immediate family to be present at the execution.

c.The commissioner shall permit four representatives of the news media to be present at the execution, for the purpose of giving their respective newspapers and associations accounts of the execution. The four representatives shall be composed of one representative of the major wire services, one representative of television news services, one representative of newspapers, and one representative of radio news services. Immediately following the execution, the four representatives of the news media may hold a press conference for the purpose of giving other news representatives an account of the execution.

d.The commissioner shall not authorize or permit any person to be present, except those authorized by this section.

e.The commissioner shall authorize and permit no more than four adult members of the victim's immediate family to be present at the execution. The names of the members of the victim's immediate family who witnessed the execution shall not be disclosed.

f.For purposes of this section, "immediate family" means a spouse, parent, stepparent, legal guardian, grandparent, child, or sibling.

g.Nothing in this section shall be construed to give a right to any person to delay or prevent the execution of a sentence of death on the date appointed in the warrant pursuant to N.J.S.2C:49-5.

L.1983,c.245,s.7; amended 1999, c.302.

2C:49-8. Examination and report; certificate; filing; delegation of duties by commissioner
a. Immediately after the execution an examination of the body of the inmate shall be made by the licensed physicians present at the execution, and their report in writing stating the nature of the examination and occurrence of death, so made by them, shall be annexed to the certificate hereinafter mentioned and filed therewith.

b. The commissioner shall prepare and sign a certificate setting forth the time and place of the execution and stating that the execution was conducted in conformity to the sentence of the court and the provisions of this act. He shall cause the certificate to be filed, within 10 days after the execution, with the Superior Court in the county in which the person executed was convicted.

c. The commissioner may appoint a deputy within the department to execute the warrant of execution and to perform all the other duties imposed upon the commissioner by this act.

L.1983, c. 245, s. 8, eff. July 5, 1983.

2C:49-9. Disposition of body
a. Prior to the execution, the inmate shall be given the opportunity to decide in writing to whom his body shall be delivered after the execution. The commissioner or his deputy designated pursuant to subsection c. of section 8 of this act shall sign and authorize the inmate's request if the request is not contrary to public policy or law. If the inmate does not indicate to whom his body shall be delivered or if his request is contrary to public policy or law, then the body of an inmate who has been legally executed shall be embalmed immediately and so directed by the commissioner, unless prior to execution, the inmate, relative, or bona fide friend indicates that the body is to be cremated or buried within 48 hours after death. If the body is not demanded or requested by a relative or bona fide friend within 72 hours after execution then it shall be delivered to a duly authorized and incorporated pathological and anatomical association in the State, if requested by an authorized association. If the body is requested by a relative or bona fide friend, the State shall pay a fee, not to exceed $25.00 to the mortician for his services in embalming the body for which the mortician shall issue to the State a written receipt. If the body is requested by a duly authorized and incorporated pathological and anatomical association, the association shall pay a fee, not to exceed $25.00 to the mortician for his services in embalming the body for which the mortician shall issue to the association a written receipt. When the receipt is delivered to the commissioner, the body of the deceased shall be delivered to the party named in the receipt or his authorized agent.

b. If the body is not delivered to a relative, bona fide friend, or a duly authorized and incorporated pathological and anatomical association, the commissioner shall cause the body to be decently buried, and the fee for embalming shall be paid by the State, and no religious or other services shall be held over the body after the execution, except within the facility selected for the execution by the department, and no one shall be present at the service except the officers of the prison, the person conducting the services and relatives by blood or marriage of the person executed.

c. The commissioner shall contact the Social Security Administration, Veterans' Administration, Public Welfare, and appropriate insurance companies for any possible death benefits to offset the State incurred burial expenses. The inmate's account may also be used for burial expenses.

L.1983, c. 245, s. 9, eff. July 5, 1983.

2C:49-8. Examination and report; certificate; filing; delegation of duties by commissioner
a. Immediately after the execution an examination of the body of the inmate shall be made by the licensed physicians present at the execution, and their report in writing stating the nature of the examination and occurrence of death, so made by them, shall be annexed to the certificate hereinafter mentioned and filed therewith.

b. The commissioner shall prepare and sign a certificate setting forth the time and place of the execution and stating that the execution was conducted in conformity to the sentence of the court and the provisions of this act. He shall cause the certificate to be filed, within 10 days after the execution, with the Superior Court in the county in which the person executed was convicted.

c. The commissioner may appoint a deputy within the department to execute the warrant of execution and to perform all the other duties imposed upon the commissioner by this act.

L.1983, c. 245, s. 8, eff. July 5, 1983.

2C:49-9. Disposition of body
a. Prior to the execution, the inmate shall be given the opportunity to decide in writing to whom his body shall be delivered after the execution. The commissioner or his deputy designated pursuant to subsection c. of section 8 of this act shall sign and authorize the inmate's request if the request is not contrary to public policy or law. If the inmate does not indicate to whom his body shall be delivered or if his request is contrary to public policy or law, then the body of an inmate who has been legally executed shall be embalmed immediately and so directed by the commissioner, unless prior to execution, the inmate, relative, or bona fide friend indicates that the body is to be cremated or buried within 48 hours after death. If the body is not demanded or requested by a relative or bona fide friend within 72 hours after execution then it shall be delivered to a duly authorized and incorporated pathological and anatomical association in the State, if requested by an authorized association. If the body is requested by a relative or bona fide friend, the State shall pay a fee, not to exceed $25.00 to the mortician for his services in embalming the body for which the mortician shall issue to the State a written receipt. If the body is requested by a duly authorized and incorporated pathological and anatomical association, the association shall pay a fee, not to exceed $25.00 to the mortician for his services in embalming the body for which the mortician shall issue to the association a written receipt. When the receipt is delivered to the commissioner, the body of the deceased shall be delivered to the party named in the receipt or his authorized agent.

b. If the body is not delivered to a relative, bona fide friend, or a duly authorized and incorporated pathological and anatomical association, the commissioner shall cause the body to be decently buried, and the fee for embalming shall be paid by the State, and no religious or other services shall be held over the body after the execution, except within the facility selected for the execution by the department, and no one shall be present at the service except the officers of the prison, the person conducting the services and relatives by blood or marriage of the person executed.

c. The commissioner shall contact the Social Security Administration, Veterans' Administration, Public Welfare, and appropriate insurance companies for any possible death benefits to offset the State incurred burial expenses. The inmate's account may also be used for burial expenses.

L.1983, c. 245, s. 9, eff. July 5, 1983.


2C:49-10. Pregnant person; inquisition; suspension of execution of warrant
a. If there is reasonable ground to believe that a female inmate, sentenced to the punishment of death, is pregnant, the superintendent of the State institution having custody of the inmate shall impanel a jury of three licensed physicians to inquire into her pregnancy. A physician acting as a juror upon this inquisition need not be qualified to serve as a juror in a court of record.

b. The inquisition of the jury shall be signed by the jurors and the superintendent of the institution. If it is found by the jury that the inmate is pregnant, the superintendent shall suspend the execution of the warrant directing her execution until he receives a warrant from the commissioner directing that the convict be executed.

c. The superintendent shall immediately transmit the inquisition to the commissioner, who, as soon as he is satisfied that the inmate is no longer pregnant, shall issue his warrant, appointing a time and place for her execution, pursuant to her sentence.

 

 

 

 

 



 



From My Blog

A good friend lost
Now Playing: Caroline Néron - Dans Nos Yeux

As happens once in a while, a friend from a few years back contacts me to catch up, touch base, say hello. My website and my listing in the alumni page at the University of Dayton School of Law leave a trail there for anyone who might care to find me and speak with me. Careful planning makes it so, unfortunately and for a number of reasons I don't often try to find old friends and old classmates. A LexisNexis search, a run through Google or a look through the alumni directory would be sufficient for me to find anyone I would desire to find but I don't do it. There is always time. Time sometime later to make that small effort. So as a result I don't look up people. There is always time right? Yah. Well a friend of mine, Marc did take the time to look me up and it was good to hear from him. In our emails back and forth he mentions a fellow classmate, Andy Johnson or as was the running joke for us "Andy's Johnson."

Andy was a tall, gangly fellow with the disposition of a puppy. We'd constantly make our "Andy's Johnson," clever remarks and he'd smile and never took offense and we never meant any. He was a fellow who seemed not to have a hostile bone in his body and it seemed to me that it would never occur to him to say a bad word about anyone. When he would talk it seemed like he was always laughing even when he wasn't. A smile on his face and he'd always be genuinely glad to see you. When he would tell a joke it was like he was a little kid saying something he knew that grownups would disapprove of so his jokes or something funny were told only after he looked around to make sure that someone who might take offense would be out of earshot.

At the end of a long hard week in class he'd come down to the local watering hole that some of us had taken as our own. BW3's on Friday after class was where we would grab some hot wings, some happy hour beer and we'd pull some tables together, enough to accommodate however many of us would show up. Andy would laugh with us and we'd talk about what funny things happened in class. Sometimes he'd get a bit excited, a beer or two down the evening and when he wanted to say something and his words were tripping around on his tongue his eyes would sparkle and the smile on his face would broaden as if to acknowledge that he thought he was being a bit foolish or silly. But we would slap him on his back, laugh at his jokes and generally do the things that friends would do with each other as we recognize everyone who would want to be in the conversation and who would likewise have a patience and joy with us.
I can't begin to tell you how wonderful a person Andy was or how everyone instantly liked him. It's like you can instantly sense who is a good hearted person and who you would like to think of you as a good hearted and good person. I know I thought very well of him and he was the kind of person you hoped thought well of you. He was also the kind of person whose friendship you didn't have to buy. This speaks to a character flaw of mine, I took it for granted that he would be there with a smile and a happy hug for me whenever I did get around to seeing him or contacting him. I know he was the kind of man who would be there for me if I was the kind of person who asked anyone for help or support. A good man with a good soul and a huge heart. My friend Marc told me that he had finally gotten a nice job in Ohio and was on his way to work one morning when he got in a car accident. Andy died that morning. Marc tells me that he thinks about Andy often. I haven't stopped thinking about Andy since hearing about this untimely end to this good young man.

There is no question in my mind that life is not fair. Evil people live and prosper, good people who struggle and fight to get ahead in life die in car accidents. Life is short and brutish and it's a sack full of misery, pain, horror and suffering. A person like Andy makes you almost believe that isn't true, his warm smile and good heart carved a bit of hope and kindness into the world and he will be missed.

......
more here