Death Penalty
U.S. History of the Death Penalty
The first recorded execution in the new
colonies was of Captain George Kendall in
the Jamestown colony of Virginia in 1608,
from being a spy for Spain
 The earliest recorded female hanging in
America was that of Jane Champion in
1632 in Virginia for an unknown offence

U.S. Death Penalty History (cont.)
Roots in the writing about the Death Penalty of
European theorists: Montesquieu, Voltaire, and
Bentham, and English Quakers John Bellers and
John Howard
 Dr. Benjamin Rush, a signer of the Declaration
of Independence from Philadelphia believed the
death penalty serves as a deterrent.

– This led Pennsylvania to become the first state to
consider degrees of murder based on how improper it
was.
Historical Facts

In 1834, Pennsylvania became the first state to move
executions away from the public eye and carrying them
out in correctional facilities.

In 1846, Michigan became the first state to abolish the
death penalty for all crimes except treason.

New York built the first electric chair in 1888

There were more executions in the 1930s than in any
other decade in American history, an average of 167 per
year. (Bohm, 1999 and Schabas, 1997)
1900s
In the United States, larger numbers of
people began to protest the death
penalty, starting in the 1950s.
 By 1972, a majority of U. S. citizens were
opposed to the death penalty.
 That same year, the law was challenged in
the state of Georgia, in a famous case.

Furman vs. Georgia

The Supreme Court, 1972 ruled that the
death penalty, as it was defined by the
laws of the states that had it, was
unconstitutional, violating the 8th
Amendment’s ban on cruel and unusual
punishment.
– They believed death penalty was being
applied inconsistently
Re-established Capital Punishment
In Gregg v. Georgia 1976, a man named Troy
Leon Gregg was the first prisoner whose death
sentence was upheld by the U.S. Supreme Court
since Furman v. Georgia
 The Gregg decision marked a change in the way
death penalty laws are challenged.
 And it marked a shift in the American peoples’
opinions of the death penalty.

As of today…
There have been 1062+ people executed
in the U.S. since individual states brought
back the death penalty in 1976
 Four since 1970s were from Washington
State
 Currently, Washington has nine offenders
under the death penalty, aka death row.

STATES WITH THE DEATH PENALTY
Death Penalty Policy By State
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Indiana
Illinois
Kansas
Kentucky
Louisiana
Maryland
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York *
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming
ALSO
- U.S. Gov't
- U.S. Military
* The New York (6/24) death penalty statute was declared unconstitutional in 2004.
STATES WITHOUT THE DEATH PENALTY
Alaska
Hawaii
Iowa
Maine
Massachusetts
Michigan
Minnesota
North Dakota
Rhode Island
Vermont
West Virginia
Wisconsin
ALSO
- Dist. of Columbia
Lethal Injection
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Mississippi
Missouri
Montana
Nevada
New Hampshire
New Mexico
New York
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming
Federal Government
Electrocution
Lethal Gas
Firing Squad
Alabama
Arkansas
Florida
Illinois
Kentucky
Nebraska
Oklahoma
South Carolina
Tennessee
Virginia
Arizona
California
Missouri
Wyoming
Idaho
Oklahoma
Utah
Hanging
Delaware
New Hampshire
Washington
Hanging
Delaware
New Hampshire
Washington
Japan, South Korea, Taiwan, and the U.S. are the only fully developed and
democratic countries that have the death penalty.
Under common law
The Republic of China Criminal Code rules the following offenses eligible for
death penalty, although none of them carries mandatory death penalty.
Treason (Article 101)
Espionage (Article 103,104,105,107)
Hijacking (Article 185-1)
Murder (Article 271,272)
Robbery with murder, rape, or arson (Article 332)
Piracy (Article 333,334)
Kidnapping (Article 347,348)
Mexico:
Abolished death penalty for all crimes 2005, Mexico, Liberia.
Mexico abolished capital punishment in 1929 and it works hard to keep its
citizens off death row.”
On your blank sheet of
paperTitle it DEATH PENALTY
NOTES
Answer the following
questions using YOUR OWN
OPINION. Make sure you
explain yourself.
What do you think?
1.
2.
3.
4.
5.
Does the death penalty violate the 8th
Amendment’s ban on cruel and unusual
punishment?
Is the death penalty an effective
deterrent?
Is the death penalty biased or unfair?
Is the death penalty an effective way to
provide retribution for victims’ families?
Should juveniles be sentenced to death?
Now on your paper, draw A “T”
Chart
Perspective for the Death Penalty

AGAINST:
– There is a brother/sister of a death row
inmate. You believe the death penalty is cruel
and unusual punishment and that regardless
of what your sibling did, nothing justifies
killing another human being. Two wrongs
don’t make a right. An eye for an eye, a tooth
for a tooth makes us blind and toothless.
Besides, the death penalty doesn’t even deter
criminals from committing crimes!
Perspective for the Death Penalty

AGAINST:
– There is a death row inmate. Prepare to wear
orange. You believe the death penalty is not
only racially biased, but also biased toward
the poor. In your case, you couldn’t afford a
good lawyer and feel that you may have
escaped conviction if your attorney had been
better. Innocent people, such as yourself, are
sitting on death row as we speak!
Perspective for the Death Penalty

AGAINST:
– There is an ACLU lawyer who is vehemently
opposed to the death penalty. The reason is
obvious: the death penalty violates the 8th
Amendment’s ban on cruel and unusual
punishment. Period.
Perspective for the Death Penalty

FOR:
– There is a brother/sister was murdered.
His/her killer now sits on death row, awaiting
execution. You believe that the death penalty
brings retribution; thus, an eye for an eye,
tooth for a tooth. Fry, sucker! Time to pay for
your crimes.
Perspective for the Death Penalty

FOR:
– There is a mother/father whose daughter was
brutally murdered by a 16-year-old boy. You
don’t believe he can ever be rehabilitated, and
you want him to pay for what he’s done. You
believe that this payment should come in the
form of a death sentence.
Perspective for the Death Penalty

There is a lawyer who has defended many
accused criminals, even those who have
been accused of murder. Some have been
found innocent, and some have been
convicted. All of your clients that have
been sent to death row deserved their
fate, in your opinion. You can’t understand
why lawyers have to do their best to
defend criminals.