the main  /  Contract  /  Crimes for which in the United States sentences the death penalty. Dark Face of America: the death penalty in the USA What poison of America in the death penalty

Crimes for which in the United States sentences the death penalty. Dark Face of America: the death penalty in the USA What poison of America in the death penalty

Contract
09.12.2020

Analyzing application death penalty in different countries The world should not be noted that the most correct in the methodological terms will be a comparison of the legislation of Russia and the United States - the largest states of the world, according to the right of the Great Powers. They have about the same population and a comparable level of crime, which over the past 10 years in both countries increases.

Although the number of people in the field of imprisonment is 1.5 times higher than in Russia (respectively, 1.6 and about 1 million people), there is grounds to conclude about the comparability of the criminogenic situation in these two states. That is why I consider it necessary to dwell on the use of the death penalty in the United States.

Federal criminal law The United States provides 70 crimes compositions in which the death penalty is included. The overwhelming majority of them are various kinds of killings or other crimes related to the causation of death to a person. In addition, the death penalty is provided for spying, abduction of people and treason.

The death penalty includes criminal codes of 35 US states.

In Alabama, the death penalty is appointed for intentional murder with 18 aggravating circumstances.

And in the rest of the states, mainly the death penalty is appointed for the death penalty of the Duyunov, V. K. Problems of criminal punishment in theory, legislation and judicial practice/ V.K.Duyunov. - M., 2007. - p.37.

Different States establish a different age, upon reaching which the death penalty is possible. Thus, in 12 states, this age is 16 years and less (for example, in Arkansas and Virginia - 14 years). In 4 states, this age is 17 years old, in 14 states - 18 years, and in the state of New York - 19 years old. But in the 8th states, the minimum age is not installed at all. Lesho, I.Ya. The death penalty in the USA / I. Yulesho // Bulletin of Moscow University. - 2007. - № 4. - P. 26.

Currently, the laws of various states provide for five ways to death:

  • 1) hanging;
  • 2) execution;
  • 3) electric chair;
  • 4) gas chamber;
  • 5) mortal injection.

However, recently (from the beginning of the XXI century), the overwhelming majority of executions are carried out by mortal injection. Occasionally an electric chair also applies. On June 18, 2010, execution was used in Utah for the first time in a long time: Ronni Lee Gardner was shot, who chose this way of execution on his own. Other methods were not applied from the end of the 20th century. They have been preserved only in the laws of a small number of states, and in all these states, the deadly injection is also used, and the use of alternative methods in many cases is limited to various conditions (for example, the right to choose their use have only condemned, committed a crime or who have received a death sentence to a certain date). . Until February 8, 2008, Nebraska was the only state applied by the death penalty and not using the injection (the only method was the electric chair here; on February 8, the Supreme Court Nebraska ruled that this method is "cruel and unusual punishment" prohibited by the US Constitution; fulfillment of death sentences It was suspended until the approval of the new execution method).

The United States of America are the only country on both American continents, where the death penalty still uses. According to Amnesty International, the United States annually enters the top five leaders among countries in which the most mortal executions are committed. Also in this list includes China, Iraq, Saudi Arabia and Iran.

To date, the death penalty in the United States is legalized on federal level and enters the criminal legislation of 35 states. The death penalty in the United States can be applied for especially grave crimes, such as murder or rape with aggravating circumstances. In total, in the federal legislation of the country, seventy types of crimes calarated by the death penalty are provided. Kwashis, V.E. The death penalty in the USA / V.E. Kvashis. - M., 2010. - P. 15 ..

According to The Death Penalty Information Center, the death penalty is present in the legislation of such states as: Alabama, Arizona, Arkansas, Idaho, Virginia, Washington, Wyoming, Delaware, Georgia, Illinois, Indiana, California, Colorado, Connecticut, Kansas, Kentucky , Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, Ohio, Oklahoma, Oregon, Pennsylvania, North Carolina, Tennessee, Texas, Florida, South Carolina, South Dakota, Utah. In addition, the death sentence may be submitted by the US Federal Government and the Military Tribunal.

States in which the death penalty does not apply: Iowa (since 1965), Alaska (since 1957), Vermont (since 1964), Wisconsin (since 1853), Hawaii (since 1948), Western Virginia (since 1965 ), Maine (since 1887), Massachusetts (since 1984), Michigan (since 1846), Minnesota (since 1911), New Jersey (since 2007), New Mexico (since 2009), New York (since 2007), North Dakota (since 1973), Rhode Island (since 1984), as well as the Capital District of Columbia.

In 2010, execution of execution in Ohio, Texas, Louisiana, Oklahoma, Florida, Virginia, Mississippi, Alabama, Georgia and Utah were presented. In addition, by the end of the year there will be executions in the states of Nevada, Pennsylvania, Washington and Missouri Lesho, I.Ya. The death penalty in the USA / I. Yulesho // Bulletin of Moscow University. - 2007. - № 4. - P. 26.

Despite the fact that the death penalty is provided for by the federal legislation of the country, its application is based, mainly on criminal legislations of different states. In a number of states, this measure is completely absent, in other death penalty it is provided for by law, but in practice it does not apply, thirdly - is actively practiced.

Since 2002, the sentence in the form of the death penalty has been condemned since the death penalty. According to the laws of the United States, convicted of execution automatically gets the right to appeal in higher court instances, right up to the highest. In connection with this practice, the consideration of criminal cases is stretched on long term. The criminals condemned for the death penalty can be pardoned by the country's president or the state governor, but such pardons rarely happen.

In the US, death sentences are made by women, but despite the fact that women, according to statistics, make 13% of the murders, only 2% of them condemn to death, and after the appeal fails, only 1.5% fall into the death hammer chamber.

For the death penalty in the United States, family members of both the criminal and its victims, representatives of power, the media and invited personally convicted people can observe.

From the moment of cancellation of the moratorium in 1976 to 2002, 755 people were executed in the United States. By 2008, this number has grown to 1,100 people. In 1999, about a hundred people executed in the United States, in 2001 - 66 people, and in 2002, the number of executed up to 70 people increased, among them 33 prisoners were executed in Texas. In 2003, 65 criminals were executed. In 2008, 37 sentences were carried out, and in 2009 52 people were executed.

Traditionally, in the number of death sentences in America, Texas leads, he keeps the first place since the cancellation of the moratorium in the country. According to statistics, two thirds of all executions in the United States are committed in Texas. The death penalty in Texas was restored in 1982 and by 2000, 227 people were executed there. By 2003, 298 death sentences were carried out in the state prisons. In 2007 - 400 Ilyin, I.A. About the resistance of evil by force / A.A.Ilin. - M., 2010. - P. 154.

The "Public Opinion" fund cites data that demonstrate the dynamics of the attitude of Americans to the death penalty for the murderers from 1936 to 2002. In the period 1936--1953, the support indicator of this penalties increased from 59% to 68%, after 1953 the support of the death penalty was reduced to the minimum stamp surveys in all the time. The maximum support rate was expressed by US citizens in 1994 and amounted to 80%. For 2002, support was 70% of the respondents Lesho, I.Ya. The death penalty in the USA / I. Yulesho // Bulletin of Moscow University. - 2007. - № 4. - p.26.

According to The Gallup Organization by the end of 2005, these indicators decreased, supported the death penalty of only 64% of the US adult population. By mid-2006, according to The Gallup Organization polls, the American society was first divided by exactly half the question of the obligation of the death penalty. 50% of respondents were commended for adequate punishment for especially grave crimes there should be a life imprisonment without the right to early liberation. In 2007, according to the Gallup survey conducted, it turned out, however, that 66% of US citizens consider the death penalty morally justified.

According to the same organization, in 2008, the death penalty was supported by 64% of US citizens, according to other data - 62% of Americans. As various polls show, in American society, noticeable fluctuations in opinions regarding the use of the death penalty are occurring annually.

The US criminal legislation does not give the definition of punishment, giving this issue "on the spill" practice and doctrine. But there this concept It is not always detected. It is most generally formulated in the dictionary of legal terms: "Punishment in criminal law is any pain, suffering, a car, a restriction imposed on a person in accordance with the norms of law and by decision or a sentence of a court for a crime or criminal lawviolation committed by him, or for failure to comply with the obligation prescribed by law. "

According to the pecker, punishment: 1) is suffering or other adverse effects; 2) imposed on violation of the norms of law; 3) is a consequence of an offense (crime); 4) applied by persons who themselves are not involved; 5) appointed and applied by an "established legal system against which a crime is committed." Other authors are more concise: the sanction applied in the event that the guilt of the person in the actual act is established.

However, American lawyers pay much more attention to the goals of punishment. Despite the most different terms, mostly refer to three classic theories: Kara or Retribution (Retribution), Prevention or Disband (Deterrence) and Correction (Correction).

Kara is the most traditional goal. This implies that the punishment is to cause pain authorized by the authorities, since the person is guilty of committing a crime. Now this purpose is considered to be the most obsolete even in relation to the death penalty.

An intimidation, as you know, may be general or special. The first "must be unauthorized in potentially dangerous individuals and, thus support social order"; "Punishment aims to intact other persons." The second is "to hurt a person in order to keep it from repeated crimes." Now many American lawyers believe that special intimidation is not important for practical application. This is especially true to explain the goals of such a type of punishment as a death penalty, since it does not seek to achieve a special intimidation of Lesho, I.Ya. The death penalty in the USA / I. Yulesho // Bulletin of Moscow University. - 2007. - № 4. - P. 26.

Correction is the newest of these three theories. Its variety - the rehabilitation of the personality - until recently it was most common in the United States. Scientists determine it as a "a set of therapeutic measures necessary in order to return the convicted person to society." The correctional impact is associated with the concept of "circulation" and a system of uncertain sentences. Two ways of such impact (rehabilitation) are known: psychological, just as a doctor treats patients, and social. However, according to the generally accepted opinion, the goal of rehabilitation was unattainable: the level of recurrent crime did not drop, but rather, on the contrary. In addition, it should be emphasized especially, the implementation of this goal turned into the most real arbitration. This is what the American Committee for the study of imprisonment is written in this report "Implementation of Justice": "The rehabilitation model, despite the fact that it is focused on understanding the prisoner and care for him, turned out to be more cruel and punitive than frankly punitive model. Sign people who are guilty of identical crimes, to various measures of impact in the name of their rehabilitation, not for the act, but in connection with the conditions of its commitment - it means to violate the fundamental principles of equality and justice. "

In the mid-70s and early 80s, they again began to turn to retribution as a major goal, which contributes to the public opinion of some states. In one of his speeches, the Deputy Director of the California Correction Department of the diploma said: "California voters simply want criminals to be removed from their lives."

It should be noted that priorities have changed not only in the doctrine, but also in the legislation: a number of states introduced a system of certain sentences (instead of a previously active system of uncertain sentences).

There are other, less popular theories. So, the goal of "deprivation of legal capacity" means that the criminal must be isolated from others, for example, executed, i.e. More will not be able to break the law. However, this goal cannot be called independent, as it is very similar to a special prevention.

In a number of major penalties, generally, both for the states and the federal level, are distinguished by the death penalty, for the development of which, as we see from determining the purpose of punishment in the American Doctrine, in the theoretical aspect and in the legislation there is a very fertile soil of Surov, L.B . The problem of the death penalty in modern society / LB. Surov // State and Law. - 2008. - № 4. - P. 16.

The death penalty as a type of punishment is provided for by federal legislation and management of 36 states. Moreover, if in the state of New York it was canceled, then in New Jersey and Ohio - restored.

Conditions, due to which the crime may entail the death penalty, different states. For example, South Carolina - for a serious murder in prison, and in Nevada - for any serious murder of I degree. According to the laws of Texas, the court can sentence a person to the death penalty, if there is a possibility that it will continue to commit violent crimes. According to federal legislation as of 1985 (only on the basis of Section 18 of the laws of laws), the death sentence may be carried out at about 15 cases (for committing a serious murder - § 1111, rape - § 2031, treason - § 2381, mortal air piracy Exodus - § 34 and other crimes). The death penalty can be applied due to other federal laws, for example, for committing some military crimes (desertion, attack on a higher superior or non-impossible to him, improper use of the password, etc.). Now it is not about the abolition of the death penalty, but to expand its use. At the moment, 70 species of crimes falling under the punishment of the death penalty.

The question of the feasibility of the death penalty and the limits of its use with varying degrees of activity is discussed in the United States over the years.

In the early 1970s, this discussion touched upon the country's Supreme Court. In 1972, considering the appeal in the case of Furman and two more persons convicted to death, the Supreme Court with five votes against four ruled that "the death sentence on these cases is a cruel and unusual punishment, contradicts the eighth and fourteenth amendments to the Constitution." It should be noted that, initially one of the appellants was sentenced to the death penalty for committing a serious murder, two others for rape without causing injuries.

The decision of the Supreme Court was heavenly, since a comparative analysis of three (V, VIII and XIV) amendments to the Constitution shows that its creators set themselves the goal to abolish the death penalty, but only qualified types. Realizing this, state legislators are nevertheless forced to respond. More than 30 states were adopted by laws, where the factors were determined clearer who had to be taken into account when making a death sentence. Thus, there were several limitations of the judicial discretion. For example, the law of Florida gave a list of both aggravating and softening circumstances and indicated that "the death sentence can be made with aggravating, unless" outweight " mitigating circumstance" It is clear that such innovations contributed little to solving the problem of clear regulation.

The situation was further aggravated by the subsequent decisions of the Supreme Court. So, in 1976, in 1976, he decided that the death penalty herself does not violate the constitution, and in the case of Woodson indicated that she is like mandatory punishment contradicts the constitution; In 1977 - in the case of Cocker, he considered the wrong death penalty for rape without the murder of the victim, in the case of Eberhita - for the abduction of a person, in the case of Roberts - for killing a policeman, even if the death penalty - mandatory punishment of Foignitsky, G.A. Punishment /G.a Foignitsky. - St. Petersburg., 2010. - P. 39 ..

In addition, public opinion is influenced by the position of judges, legislators and political figures. It also, according to polls, indicates that since 1972 most, and in recent years - the overwhelming majority of Americans are supporters of the death penalty.

The method and procedure for execution of death sentences is solved by state legislation. The most common execution on an electric chair - in 17 states. Some states use gas chambers; in four, as well as for military crimes under federal law - hanging; In the state of Utah - shot and in the rest - deadly injections. Some states use several types of death penalty. For example, in Arkansas, the criminal can be shot, executed on an electric chair or with a milestone of mortal injection. In some states, criminals are given the opportunity to choose the form of their death, and at their request they can be made injections of psychotropic drugs. Sentences made by civilians According to federal law, are executed by the method defined in the state where the execution of Yakubov, A.E. Humanism and death penalty / A.E. Yakubov // Bulletin of Moscow University. - 2009. - №4. - S. 11 ..

A feature of the American legislation is that it often allows the mortal execution of minors. For example, in Mississippi - from 13 years old, Missouri and Utah - from 14, Arkansas - from 15 years. In the 13th states in the law not specified at all, i.e. The question is essentially solved by the court. In connection with the recent expansion of the application of the death penalty, it is proposed to spread it on minors who have committed not only murders, but also robbery and rape with aggravating circumstances.

I would like to note that the possibility of arbitrary (that is, depending on the discretion of the court) of mortal sentences, although a limited decision in the Woodson case is one of the most serious shortcomings of the US Criminal Justice.

The US federal legislation has special provisions regulating the proceedings on crimes, calarated by the death penalty.

So, federal rules criminal procedure found that criminal prosecution For crimes punishable by the death penalty, must be carried out on the basis of an indictment, approved is not alone by the prosecutor, but a large jury jury. This rule embodies the norm contained in V amendment to the Constitution, which says: "No one can be held accountable for committing a crime, calaped by the death penalty, or a different annuling crime, except on the basis of a decree or prosecution made by jurors" . The obligation to initiate criminal prosecution on the specified category of cases only on the basis of the indictment drawn up by a large jury is considered as an important guarantee of a citizen attracted to criminal responsibility.

In the event of a crime committed by the death penalty, restrictions on the liberation of the accused before the court and on the lead.

In the USA, as in the country with federated device, Installed an unusual pardon order. According to the Constitution, the President has the right to delay the execution of sentences, as well as pardon only for crimes committed against federal laws. The pardon of convicts for crimes committed against the laws of individual states is included in the competence of these states and is carried out by their governors.

The President decides on pardon sole. He and his advisers can refer new materials, besides available in the case, appoint new check Old materials.

The sentence to the death penalty can be relaxed by replacing it with any other punishment. Usually the death penalty is replaced by life imprisonment, much less often concluding on time.

I would like to note that the United States is one of the few states where the death penalty is really legitimate, which is expressed in accordance with the regulation of this punishment in the legislation and practices to apply the death penalty with public opinion. This is a consequence of a well-developed model of this type of punishment, although it is necessary to remember that this model is far from ideal and has many deficiencies of reshetnikov, V.M. The death penalty in the modern world / VM Reshetnikov // Magazine russian law. - 2007. -№ 6. - p.8.

The current US President Barack Obama is an opponent to apply the death penalty. Relations to the death penalty are gradually changing and supporters of such a measure of punishment are gradually changing: so, the Senator of Massachusetts State Stephen Lynch and a republican conservative from Virginia Frank Hargrow changed its position and now speak for the abolition of the death penalty. In 2003, the film "Life of David Geila" was released on the screens, telling about the lawyer sentenced to the death penalty. The director of the film After showing the paintings at the Berlin Film Festival, said:

The judicial system of the United States is arbitrary, caprip and, therefore, immoral.

Despite all the above, these numerous surveys show: American society is not ready for complete abolition of the death penalty Kvashis, V.E. The death penalty in the USA / V.E. Kvashis. - M., 2010. - P. 89 ..

Many know that the death penalty is allowed in the United States. On the question "there is a death penalty in the US" almost everyone will give a positive answer. But not many are aware of the significance of this fact.

The fact is that the United States is the only "Western" (that is, the following European cultural standards) in which such a measure of punishment is allowed. And although there are certain historical and cultural reasons for which we will talk a little lower, the fact of the presence and active application of the death penalty as a sentence indicates the strictness of laws in the United States.

On the other hand, the presence of a death penalty in the United States is often inflated, turning from cultural phenomenon in a sign of ruthlessness or even inhumanity. But the fact remains a fact - this measure is not applied thoughtlessly, and it must be managed to "deserve".

For 500 years of the documented history of the United States and North American colonies, mortal sentences were made less than 20,000 - most of them, for non-incorrigible criminals.


Also, few people know why the death penalty is permitted, for which crimes it can be appointed, as it is executed criminals, etc., preferring to rely on information from movies or television, often in the vigorous.

Although the truth, sometimes it is much more interesting - the same Wikipedia offers a completely different picture. Therefore, we decided to create our material, unbiased and relying on real facts.

Before discussing the current situation with the death penalty in the United States, let's try to understand why America generally has this measure of punishment.

Brief history of the death penalty in the USA

As everyone knows, in a certain period of its history, America was characterized by Indians, brave immigrants and horses cowboy. But few know how long this period lasts. In the heads of the people who were not interested in the history of the United States, the era of the frontier in the United States usually ends somewhere around the XIX century, during the civil war.


And in fact, in the Western states, this culture flourished even during the Great Depression - at the beginning of the century XX. When Al Capone has already built his criminal empire on the eastern coast of North America, the existence of a whores for trains still continued on the West Bank. It is this transition from one cruel and widespread forms of crime to another, without any peaceful time between them, and led to the absence of a moratorium on the death penalty that Europe actively promoted just at this time.

Before the eyes of both peaceful Americans and representatives of the law, there were comma, desperate criminals - villains, who could only stop the fear of the death penalty. Therefore, the death penalty in America, which was excellent scarecrow for Lichy Cowboys, continued to perform the same role for no less damaged mafia.

Only the way was changed - if the cowboys hung, then the "employees" of various Capo was usually shot until the practice was introduced to use an electric chair. But even during this period, such a measure of punishment was not easy.

All this brings to the idea that the presence of a death penalty in the United States is not a manifestation of inhumanity, but rather the necessary evil, which only at the end of the 60s (with the introduction of the RICO act, which caused a crushing blow to the mafia) was completely unnecessary. And in the US, they also understood this - in 1972, as part of the case "Furman against Georgia", the US Supreme Court refused the death penalty in nine cases in a row by installing the precedent. In the next five years, the death penalty in the United States was not applied.


In 1976, after a long debate, the practice was allowed again as part of the consideration of the case of the GRAGG against the state of Georgia. The US Supreme Court radically changed the procedure for the removal of the death sentence, making this process much more difficult. The first executed on the new system was the robber and killer Gary Gilmore, shot in January 1977. The case is interesting because Gilmor insisted on the death penalty for himself, refusing all the chances of pardon.

It is interesting: during the presidential debate between Bush and Dukakis in 1998, Dukakis, in response to the question, he would achieve the death penalty to the hypothetical killer of his family, answered negatively. The Bush administration has turned this application to a whole negative PR campaign, which showed Dukakis softly, which led to his defeat. Since then, no presidential candidate has opposed the death penalty.

Mortal execution in modern US

Currently, the death penalty in the United States is permitted in 31 states, as well as for federal criminal cases and the Military Tribunal Affairs.

The absolute majority uses lethal injection to solve the sentence, but some states allow other types of execution - electric shock, execution or gas inhalation. They are used at the request of the sentenced or if the injection is recognized as inhuman - for example, with an acute allergic reaction in a sentenced to its components.

In which states of the United States there is a death penalty

Currently, the death penalty is permitted in the following states:

  • Alabama
  • Idaho
  • Arizona
  • Arkansas
  • Wyoming
  • Washington
  • Virginia
  • Georgia
  • Indiana
  • California
  • Kansas
  • Kentucky
  • Colorado
  • Louisiana
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • North Carolina
  • Tennessee
  • Texas
  • Florida
  • South Dakota
  • South Carolina

It is interesting: in the States where the deadly execution is allowed, sometimes they are specially translated by particularly dangerous criminals from the states where it is not allowed. But it concerns only crimes who are considered at the federal level.

For what crimes defendants are sentenced to execution

Precedent cases and the US Constitution determine the death penalty of a crime, as "murder with aggravating circumstances." But what circumstances are aggravating, decides the state. In California, for example, such circumstances 22, but in New Hampshire - only seven.

In practice, the death penalty is usually received for:

  • The murder of several people (the number determines the state, but in most cases, two is already enough).
  • Murder with pre-torture.
  • The killing of the child (extreme age determines the state, for example, in Texas, give the death penalty only for killing children under 10 years old).
  • Murder of police officer.
  • Murder with rape.
  • Murder committed in prison.

At the moment, an active campaign is carried out for reducing the number of aggravating circumstances giving the right to demand the death penalty.

So, almost all states abandoned the death penalty for crimes not related to murders, although some still hold the old order.

Also, the death penalty can be appointed for crimes against the state. The precedent "Kennedy against the state of Louisiana" defines these crimes as "the betrayal of the homeland, espionage, terrorism and the creation of a network of drug trafficking."

Who can sentence to death

For the death penalty in the United States can sentence anyone - men, women and even transgenders of any races are equal in the eyes of the law. The only exception is adolescents, the highest penalty for whom - prison, even for especially grave crimes.

It is interesting: despite the fact that the teenager cannot be sentenced to the death penalty, there is a trick in the laws that can bring to such developing events. A teenager in the United States has the right to appeal before the court for judging him as an adult, which technically gives the court the right to make him the highest sentence. In practice, it has never reached such a thing.

How is the death penalty

After making a court decision, the sentences are translated into a special chamber, who has popular the name "Summer Camera". Such cameras are often solitary, with constant surveillance - either through video, or in the form of a guard.

On the day of bringing a sentence, the last reception of food is proposed - anything on his or her choice, in reasonable limits, of course. After that, they are transferred to the chamber of execution of sentences, where they are injected with lethal injection.

Three drugs are usually riveted - anesthetic, paralytic and poison to stop the heart. But some states prefer to use a triple dose of anesthetic, causing death from an overdose.

Who can visit executions

In 1936, the US Supreme Court forbade a free visit to the executions - even children could have been theoretically to be present on them. However, almost all states make exceptions for reporters, relatives of the sentenced and family members of the victim - of course, by their desire.

For a person committed by man. This is the most severe punishment, which not only takes life from the person who has committed the hardest crime, but also causes incredible suffering from his relatives and loved ones.

To date, most countries refused such a penalty. The international law establishes a ban on the use of the death penalty. This is due to the fact that the main principle of respect for the rights and freedoms of a person is recognized as an absolute

In spite of everything, the death penalty in the United States is still applied. In addition, America is among the five leading countries of the world, in which the largest number of death sentences is carried out annually. On this list also Iraq, Iran, China and Saudi Arabia.

Today, the death penalty in the United States is legal at the highest federal level and is used in the criminal legislation of the 34 states. In US law, seventy categories of crimes are provided for which this measure of punishment is applied.

Despite the fact that the death penalty in the United States is enshrined in the federal legislation of the country, its application is governed by the criminal legislation of each state separately. In one states, it is not provided by law, in others - there is, but in practice it is not used, thirdly - actively applied. In some states, it is sentenced to choose: when and what is the death penalty. In the United States in different states apply a variety of ways of this type of punishment. Some take their beginning since ancient times, others are more contemporary. But they are all terrible in their own way.

So, the types of death in the United States applied today:

1. Electric chair

This is a special device where to smuggle the sentence is skipped. electricity through his body. Theoretically, such a type of death is the most painless, except for equipment malfunction. For the first time in the US, it was applied in August 1890 in New York. Over the 20th century, it was used in 25 states. Today it is used only in 6 - Alabama, Florida, South Carolina, Tennessee, Virginia and Nebraska.

2. Gas camera

The killing of the sentence occurs by a sudden allowing of a poisonous gas into a suicide personnel. This is one of the most cruel and inhuman species of death. After all, the gas does not kill immediately, and the person is experiencing painful suffering. To date, such a death penalty in the United States is used in four California, and Mississippi. More nowhere in the world it is not used.

3. Death Injection

It is introduced into the body of a sentenced solution of a poisonous substance. It is considered the most humane from the types of death penalty. However, unreasonably painful. For this reason, death injections are prohibited in a number of US states: Florida, Ohio, New Jersey and Missouri.

4. Execution

The killing is achieved with firearms. Surprised, as a rule, put on the wall. Often the choice is provided regarding today in the US, the execution is used as a spare type only in two states - Oklahoma and Idaho.

5. Hanging

This type of death exists in the USA today. But it is practically no applied. Hanging only in two and New Hampshire is fixed.

Greetings, dear readers! Today, our topic will not be everyday. Today we will talk about what constant disputes in society are being conducted. Religious people are confident that the death penalty must be completely abolished, because We cannot decide when another person (even if the criminal) can escape from life that everything, they say, the will of God. And other people say that in order to deal with other people's life (life), there is no punishment more than death. At the same time, the United States was divided into two camps: 31 state accepts death punishment, 19 states - no. BUT sentenced to the death penalty in the USA Meanwhile, they expect their fate.

The death penalty is exceptional punishment. It represents legal deprivation The human life by court decision. This type of punishment is based on the principle of talion, which operates under the condition - "tooth for the tooth, an eye for an eye". As a result of the development of mankind, this principle practically lost its significance. However, there were countries in which the death penalty is still being implemented, but the sentences are made for extremely grave criminal offenses. One of these countries is the United States. Decisions on the death penalty applied federal courts and local courts in a number of states.

Procedure for making a decision on the death penalty

The US legislation is divided into federal and regional (individual states). And both act in parallel. The federal criminal law regulates questions regarding the crime against state security, as well as crimes committed by federal employees, or who affect several states. Regional laws are consolidated for most other crimes.

Recently, the greatest impact of Congress acts and Supreme Court. The latter was introduced restrictions on the use of the death penalty. This type of punishment applies only with cruel murder.

But in the 17th century everything was different ... At least in Virginia.

  1. If you missed Sunday worship, you would have been punished with imprisonment of weekly earnings.
  2. If you missed the second worship, you would have been publicly punished with whites.
  3. If this was repeated for the third time, then - you want to believe, you want no - you would sentenced to death.

The national pride of America of the past is a religion. But we tend to not notice the fact that our spiritual heritage is imbued with the spirit of intolerance. For a half century before the adoption of Bill on the rights, which guaranteed freedom of religions, was a crime disbelief. Faith was put on the law.

"Only in God peace." George Vandeman. Chapter 7.

Sentencing is accompanied by long judicial proceedingsin which the accused is given great rights to appeal the decision to eliminate the possibility of a judicial mistake, given the high penalties. The possibility of petition for pardon is also given that at least gives additional time To prepare evidence of innocence.

For ever trial Sentenced to death in the United States are contained in special suicide cameras and are waiting for a final decision.

In which states the death penalty is canceled?

In some states, the death penalty is canceled and replaced by imprisonment. However, this concerns only crimes enshrined in the state laws.

Canceled the death penalty in the 19th states:

  1. Alaska
  2. Connecticut
  3. Hawaii
  4. New Jersey
  5. New Mexico
  6. Illinois
  7. Iowa
  8. New York
  9. North Dakota
  10. Maryland.
  11. Rhode Island
  12. Vermont
  13. Massachusetts
  14. Michigan
  15. West Virginia
  16. Wisconsin
  17. Minnesota
  18. Nebraska.

Leaders in the number of death sentences

The number of executed since 1976 and to the present day:

  1. Texas - 537;
  2. Oklahoma - 112;
  3. Virginia - 111;
  4. Florida - 92;
  5. Missouri - 87.

In general, there is a reduction in the number of death sentences from year to year.

For example, in 2015, only 52 people were executed for the entire year, mainly in California and Florida.

The racial composition of suicide bonuses

As I wrote in the article, the racial composition of criminals is predominantly black (40% of all criminals, given that the density of the Black population is only 12% in the US).

Methods of execution of execution

Solving a sentence occurs in several ways. In the USA they are:

Hanging

Contrary to popular belief, death comes not from suffocation, but from squeezing the sleepy arteries that feed blood into the brain. First, a person loses consciousness (after a few seconds), and after a few minutes death comes.

Gas chamber

Such an execution method was applied in 1924 and allowed in four states:

  1. Wyoming;
  2. Arizona;
  3. Missouri;
  4. California.

Sentenced to the death penalty in the United States in these four states can choose between the gas chamber and injection. It is not clear what a crazy would choose the gas chamber, given that death there may come already in 11 minutes!

In the US, a blue acid is used in the gas chamber.

The gas chamber was last used in the USA in 1999.

Shot

Examination as the execution method exists at the moment only in one state - Oklahoma. Up to 12 shooters participate in the execution, all of them have idle bullets, except one. This method allows to reduce the psychological suffering of the "executioner", because no one knows whose bullet killed the convicted person.

Exchange via electric chair

This method of death is almost no applied, because proved its high pain. The voltage supplied to the contacts is 2700 V, the current is 5 A. Voltage and current limit so that the convict does not borne. The voltage is fed twice (1 minute with an interval of 10 seconds). After that, convicted, as a rule, is dead, which is certified by the doctor. Currently, this method is used in 7 states:

  1. Alabama;
  2. Florida;
  3. Kentucky;
  4. Tennessee;
  5. Virginia;
  6. South Carolina.

It is rare enough, no more than once a year in the country as a whole.

In Nebraska until 2008, the electric chair was the only execution method, in 2008 they refused it at all.

Mortal injection

Mortal injection is carried out like this:

  1. Vienna introduced a sodium thiopental preparation (used much in a smaller dose for anesthesia during operations);
  2. The device is injected by a pavulon, paralyzing respiratory muscles;
  3. Potassium chloride is introduced, leading to a heart stop.

With this situation, sentenced to death in the United States die within 5 minutes.

This combination of drugs was called the "Texan cocktail", because Texas was the first state that applied this injection. Then the Oklahoma joined him, a little later - many other states. But the state of Ohio applies barbiturates (used to showen animals).

This method of execution has its opponents. The reasons:

  1. The autopsy showed that dosages are often disturbed, and sometimes they are so small that they could have been fully conscious. In the meantime, Pavlon and potassium chloride cause very strong pain.
  2. The American Medical Association prohibits the medical staff to participate in killing, so the injection is carried out by people who even can not always find veins.

In addition to the official methods of execution, up to the II World War of the Year existed the execution "without trial", i.e. Street crowd of execute suspected in murder. Such a method was called Lynch Court.

Charles Lynch was a judge who took court decisions Alone. His actions did not carry a pronounced race, and were only a forced measure of accelerated justice.

The Lynch Court was used mainly to the Northern Occupants and a black population liberated during the Civil War, which was revenge on its owners. At that time, a secret organization of Ku-Kloms-clan arose, soon defeated by the federal government. It should be noted that the government was not against such a method of justice, sometimes African Americans were lynching right after excited sentence When leaving the courtroom. Mostly executed hanging.

At the court of Lynch, 3.5 thousand African Americans were executed and 1.3 white (Italians - on suspicion of cooperation with Mafia, Jews and English-speaking Catholics)

85% of cases of execution on the court of Lynch were held in the southern states of the United States.

The first cautious steps to combat Lynch's court were made by Franklin Roosevelt in the 1930s. After World War II, the linch was almost practically practiced, and if practiced, it was pursued by law.

Traditional events before execution

These include, for example, the right of the last meal prepared a few hours before punishment, or the right of the last word. The right of the last meal is the convicted of all US states except Meriland. Alcohol on such a meal is usually not allowed. Florida also applies the rule that products in the amount should be no more than $ 40, and bought in a regular supermarket.

Here are some meals sentenced to death in the USA:

  • terrorist Timothy Macvey (Oklahoma) - Mint ice cream with chocolate;
  • killer Charles Starkweather - Steak and Beer Bank;
  • iraqi President Saddam Hussein - Chicken with rice, hot water and honey;
  • serial killer Theodore Robert - Steak with boiled eggs, butter pancakes, juice and coffee with milk;
  • first female maniac USA Elin Wornos - cup of coffee;
  • "Cloown Killer" John Geysy - Fryer Shrimp, Roasted Chicken, Potato Fries and Strawberry;
  • the serial killer Welma Barfield ordered Coca-Cola and chips.

Also sentenced to death in the United States have the opportunity to choose a way of bringing the sentence into action, but this rule exists only in several states.

Do you need a death penalty?

Following the principles of absolute justice, the death penalty for murder is commensurate punishment. However, one should not eliminate the likelihood of erroneous decision making. Criminal production It must fully and unequivocally prove the guilt of man.

Sometimes sentenced to death in the United States expect a final sentence for several years, which cannot but affect their mental state.

Unfairly sentenced to death in the USA

It is worth noting that before 1989, even children under the age of 16 executed in the United States. At the same time, the smallest person who was sentenced to death was 14-year-old George Stinny. I have goosebumps when I imagine that a 14-year-old boy is planted on an electric chair. He had to sit on the Bible with which he came to the execution, because He was too small for his chair ... executed him on suspicion of killing two girls (11 and 8 years old), there was no evidence at all. After 70 years, it was justified, just who needs it now? ..

The three Davis executed in 2011 was another unfairly convicted. The judges did not even bother the fact that 7 out of 9 witnesses of the accusation after 10 years their testimony changed, explaining this by being under the pressure of the police. From all this story I had the impression that the court of Georgia simply did not want to recognize his mistake and preferred to execute innocent than to lose credibility. And it's terrible! David executed 20 years after the sentence, because He continuously filed an appeal ... People from all over the world supported him.

However, in 2011, the verdict was carried out. The last words of Davis were as follows:

I'm not the one who killed your father, your son, your brother. I am not guilty. The incident that happened to that night is not my fault. I did not have a weapon. Everything that I can ask, - so that you consider this business deeper to find out the truth in the end. I ask my family and friends to continue to fight in this battle. Those who are going to deprive me of life - God raises your souls. And may God bless your souls.

The execution of Davis caused indignation worldwide.

The longest considerations

Sentenced to the death penalty in the United States, on average, expect a decision to execute for 11 years. Sometimes convicted people have time to build up in the Squaders' chamber.

For example, 01/19/2005, in the case of the murder of two women, Donald Birdsley was executed, at the age of 61. The specificity is that the crime was made by him 24 years before the actual application of punishment.

The most famous and interesting case of long-term expectation of the execution is the case of Williams, who was on the dock, and as a result he was punished in the form of deprivation of life. All this happened in 1979 for the murder of the seller, as well as, cruel violence over the married couple and their daughter, which occurred for two weeks later. The sentence of Nastig Stanley 25 years later. All the time of waiting, he spent with a large benefit for society, studying writing and social activities, thanks to which a large number of young and "green" criminals left the criminal world. Also Williams, nicknamed "Tuki", awarded nearby Nobel Prizes For his literary works. However, when considering a petition for pardon, the words spoken by writing 25 years ago played a joke. Then he said that "laughed at the death moans of the seller," when he killed him.

Disputes on the feasibility of applying such a type of punishment remain open. One side of the discussion believes that those sentenced to the death penalty in the United States are not worthy of walking along this land, the other is what is for all the will of God. What do you think?

Want to receive articles of this blog on the mail?

Crime and punishment - these two words were relevant and at the dawn human history, therefore there were always those who grossly violated generally accepted norms of behavior. This caused considerable inconvenience to people around people, as a result of which it was decided to introduce certain penalties. And the more seriously misconduct, the harder was responsibility for him. On the pages of the Bible story tells about a similar order settlement system. Take, for example, Moses. Law: Eyes for the eyes, tooth for the tooth, ear for the ear and life for life. In which countries there is a death penalty today and what does it represent?

Burnt and cancellation into some latitudes of the highest penalties

In ancient times, it was a rather effective deterrent factor for those who tried to encroach on individual human integrity. However, with the beginning of our era and the arrival of Jesus Christ, Moses, the law was canceled and replaced with just a few major commandments. Despite this, many oriental and other cultures continue to use as more, it is permitted by law. What is this country and how do they have this process? This will be discussed below.

Countries that did not exceed the highest measure of punishment

Europe has a rather progressive, if you can say so, look at this question, because in almost all its countries the death penalty is canceled and is considered a remnant of the past. However, the state remained, which sees the benefit of this severe punishment is the Republic of Belarus. In addition to her, there are still many more countries in the world who believe that the death penalty is an excellent deterrent factor from serious crimes.

In which countries is the death penalty apply?

To the surprise of many, there are quite many countries that have not repealing this measure of punishment. Compared to the medieval, the list has decreased, but still remained significant. So, in which countries there is a death penalty? In this list, everything is also continued to be: United States of America, Israel, Libya, Guatemala, Lesotho, Yemen, Mongolia, Bangladesh, Zimbabwe, India, Botswana, Japan, Afghanistan, Pakistan, Ghana, Angola, Uganda, Iran, Cuba, Syria , Belize, Chad, Saudi Arabia, Myanmar, Jamaica, Sierra Leone, Nigeria, Belarus, Tajikistan, Guinea, Jordan, Gabon, Singapore, Indonesia, Democratic Malaysia, Somalia, Thailand, Ethiopia, DPRK, Sudan, as well as some oceanic islands .

As can be seen from the above list, the African continent is the leader in terms of the number of countries where the death penalty is allowed. It is noteworthy that the norms of international law do not prohibit the highest sentence, they simply define minimum standards for this operation. For example, the execution with the help of guillotine was widespread during the French Revolution, but canceled in 1977.

In which countries the death penalty is permitted, we already know, but in each of them such a sentence should be absolutely legal and made competent for this.

Where most often executed criminals

But even today, this highest penalty is permitted in some developed countries. In which countries there is a death penalty? China will be the first in this list, since it is there these cases occur with "enviable" regularity. The main acceptable methods in this area are deadly injection or execution. The law provided for about 70 types of offenses, as a result of which such punishment follows.

Should the world should affect what countries the death penalty is applied? The answer will give time.

Unlike the above country, the number of death penalty and their species are clearly hidden under the vests of mystery and disinformation in Iran. However, it is reliably known that to this day, the beating of stones, execution hanging and execution. Whatever it was, today Iran has the highest rates in terms of mortal executions. Some skeptics are taken to argue that often bringing the sentence to execution is carried out away from the closer to the public, that is, confidentially.

In which countries there is a death penalty, the reader is now known. It may seem inherent, but this is a reality.

Islamic world - leader in the number of death penalty

In which countries does the death penalty act especially actively? This is the East. In Iraq, the situation with the fatal sentence is somewhat different. Hanging and execution also apply here. This country is under the powerful influence of Islam's traditions and, together with Iran, performs more than 80 percent of the global number of mortal executions.

As an Islamic country, Saudi Arabia also punishes the death offense. Here, from Iran and Iraq, little is different, except for beheads. Often the death penalty in these latitudes is applied to foreigners, so it is worth it to be extremely attentive, visiting these lands, so as not to break the local traditions and not fall into a similar unpleasant situation.

In which countries there is a death penalty? We know only official statistics. Everything else is a mystery.