Death sentence

“ In that last phrase it seems to me that the great man puts his finger upon the real objections to the death sentence from the public point of view. The pity that should be bestowed upon the victim is poured out in muddy sentimentalism at the foot of the scaffold. The sentence of death, “of dreadful things the most dreadful,” surrounds its victim with a halo in the morbid, popular mind that blacks out the sense of the crime and cruelty for which the murderer is to be punished. ”

“ A penitentiary may be described as a place of punishment and reward; and under the system proposed, the difference in desirableness between a sentence and an appointment would be virtually effaced. To overcome this objection a life sentence would have to mean solitary confinement, and that means insanity. Is that what these gentlemen propose to substitute for death?
The death penalty, say these amiables and futilitarians, creates blood-thirstiness in the unthinking masses and defeats its own ends—is itself a cause of murder, not a check. ”

“ I see a large number of you assembled here, to behold a miserable end of us whom the Law condemns to death for our offence, and for the sake of giving you warning, makes us in our last moments, public spectacles. I submit with the utmost resignation to the stroke of the Law, and I heartily pray Almighty God that the sight of my shameful death, may inspire every one of you with lasting resolutions of leading an honest life. The facts for which both Picken and I die were really committed by us, and consequently the sentence under which we suffer, is very just. ”

“ An examination of State law shows that all but four States have abandoned the death sentence as a necessary consequence of the finding of guilt of murder in the first degree; that most of the States which have retained the death sentence have entrusted the jury with remission of the death sentence, although sentencing is traditionally the court's function, and this is true even in those States where the legislature has not in so many words put this power in the jury's keeping ”

“ Section 11 (2) - Cruel, Inhuman or Degrading Punishment
[26] ⁠Death is the most extreme form of punishment to which a convicted criminal can be subjected. Its execution is final and irrevocable. It puts an end not only to the right to life itself, but to all other personal rights which had vested in the deceased under Chapter Three of the Constitution. It leaves nothing except the memory in others of what has been and the property that passes to the deceased's heirs. In the ordinary meaning of the words, the death sentence is undoubtedly a cruel punishment. ”

“ Simultaneously with the drop falling, a black flag was hoisted at one corner of the prison, announcing that the last dread sentence of the law had been carried into effect.
You Suffolk lads of each degree,
And all young men of each degree,
And when my mournful tale you hear,
For my sad end shed a silent tear.
Upon the dreadful scaffold high,
A murderer’s death I am doom’d to die. ”

“ That same pressure would exist, and the same risk of wrongful convictions, if horrendous death-penalty cases were converted into equally horrendous life-without-parole cases. The reality is that any innocent defendant is infinitely better off appealing a death sentence than a sentence of life imprisonment. ”

“ As all practicing lawyers know, who have defended persons charged with capital offenses, often the only goal possible is to avoid the death penalty. There is something pretty final about a death sentence. ”

“ Let the execution take place in the prison, let it be private and witnessed by but few persons, designated by the executive of the State. It is better for the criminal to be hung than to be sent to the penitentiary for life. While serving out a lifetime sentence he suffers ten thousand deaths. Those States where the death penalty is inflicted have the least number of brutal murders, in proportion to their population. The dread of death is a better protection to society than a life of imprisonment. ”

“ Unpleasant as is the duty of the prosecutor who is obliged to move that the sentence of death be pronounced, it is less terrible than listening to the few simple but hopeless words that doom a convict to life imprisonment. The murderer must die ”

“ Apart from cases of suicide or terminal illness, this certainty is unique to those who are sentenced to death. The state puts the question of death to the condemned person, and he must grapple with it without the consolation that he will die naturally or with his humanity intact. A condemned person experiences an extreme form of debasement. ... The death sentence itself is a declaration that society deems the prisoner a nullity, less than human and unworthy to live. But that negation of his personality carries through the entire period between sentence and execution. ”

“ As was made clear in Witherspoon, 'a sentence of death cannot be carried out if the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction.' 391 U.S., at 522, 88 S.Ct. ”

“ The judge would have the power to pass a sentence of death or of penal servitude for life.
“Murder in the first degree,” in which both intent and result had been murder, would be a verdict leaving the judge no option but to impose the death penalty. ”

“ The circumstance of your being a person who, from habits and education, should have been above committing so base a crime, only aggravates your guilt. However, no matter who or what you have been, you must expiate your offence on the scaffold. The law has very properly, for the safety of society, decreed the punishment of death for such crimes: our only and plain duty is to execute that law."
The prisoner did not reply: he was leaning with his elbows on the front of the dock, his bowed face covered with his outspread hands; and the judge passed sentence of death in the accustomed form. ”

“ Thou hast deserved death, and I could compel thee to undergo the punishment; but in my clemency I place thy fate in thy own skillful hands. He who is the master of his destiny cannot complain that his sentence is a severe one. ”

“ Branding but cauterizes the wound, and it mortifies, and what is the end? You stamp the crime for life on the criminal; you make two friends of them, two companions—inseparables. The convict prison is a blister which spreads far worse matter than ever it extracts; and as for the sentence of death, when carried out it is a barbarous amputation.
“Therefore, branding, penal servitude, and sentence of death are all of one class; you have done away with the branding, banish the rest. Why keep the chain and the chopper now you have put aside the hot iron? ”

“ Bishop, 404 F.2d 571 (CA8 1968) , death remains as the only punishment that may involve the conscious infliction of physical pain. In addition, we know that mental pain is an inseparable part of our practice of punishing criminals by death, for the prospect of pending execution exacts a frightful toll during the inevitable long wait between the imposition of sentence and the actual infliction of death. ”

“ The representations made by the magistrates at the last assizes will be sufficient testimony up to that time; and since then, you cannot say that you deserve any defence. You must not expect any mercy, but prepare yourself not only to receive sentence of death, but prepare yourself to die
“If a prisoner who knows himself to be guilty does not prepare himself to die before the sentence of death is passed upon him, his is a very dangerous state, since the period is so short between condemnation and execution that he must be very much distracted. ”

“ Judge Medicine then proceeds to pronounce the solemn sentence of death upon the prisoner. Because he has Mortal Man sentenced loved his neighbor as himself. Mortal Man has been guilty of benevolence in the first degree, and this has led him into the commission of the second crime, liver-complaint, which material laws condemn as homicide. For this crime Mortal Man is sentenced to be tortured until he is dead. ”

“ Let the criminal be throttled or beheaded in prison. His civil death has been pronounced publicly by the sentence of expulsion, and that sentence has killed him in the memory of all citizens. The citizens do not care what is done with the physical man after that sentence. ”

“ At another session shortly after, eight women and one man were convicted, all of whom received sentence of death. An old man of eighty, who refused to plead, was pressed to death—a barbarous infliction prescribed by the common law for such cases. ”

“ Once sentenced, the prisoner waits on death row in the company of other prisoners under sentence of death, for the processes of their appeals and the procedures for clemency to be carried out. Throughout this period, those who remain on death row are uncertain of their fate, not knowing whether they will ultimately be reprieved or taken to the gallows. Death is a cruel penalty and the legal processes which necessarily involve waiting in uncertainty for the sentence to be set aside or carried out, add to the cruelty. ”

“ Full briefing would allow us to scrutinize them with more care. But, at a minimum, they suggest a serious problem of reliability. They suggest that there are too many in­ stances in which courts sentence defendants to death without complying with the necessary procedures; and they suggest that, in a significant number of cases, the death sentence is imposed on a person who did not commit the crime. See Earley, A Pink Cadillac, An IQ of 63, and A Fourteen-Year-Old from South Carolina: Why I Can No Longer Support the Death Penalty, 49 U. Rich. ”

“ But as my friend informs me, out of the hundreds who will undergo sentence, not a few will escape the dread final penalty. Even the King in all his ferocity will not dare to slay by thousands, though he may by hundreds. Many will be condemned to death, who will afterwards be respited and undergo lighter sentences, or be let off with a heavy fine. In this matter the voice of the Judge will have weight; and my friend will use every argument to induce him to commute the death penalty (if passed upon Benjamin or William) into one that a heavy fine will cover. ”

“ Nor can we withhold our conviction of the proposition that when a prisoner sentenced by a court to death is confined in the penitentiary awaiting the execution of the sentence, one of the most horrible feelings to which he can be subjected during that time is the uncertainty during the whole of it, which may exist for the period of four weeks, as to the precise time when his execution shall take place. ”

“ The press will not be informed of the execution of a death sentence, nor must the execution of a death sentence be publicly announced by posters.
7. The bodies of executed NN prisoners or prisoners who died from other causes have to be turned over to the State Police for burial. Reference must be made to the existing regulations on secrecy. It must be pointed out especially that the graves of NN prisoners must not be marked with the names of the deceased.
The bodies must not be used for teaching or research purposes. ”

“ Thus an offender who is sentenced to death is two or three times more likely to find his sentence overturned or commuted than to be executed; and he has a good chance of dying from natural causes before any execution (or exoneration) can take place. In a word, executions are rare. And an individual contemplating a crime but evalu­ ating the potential punishment would know that, in any event, he faces a potential sentence of life without parole. These facts, when recurring, must have some offsetting effect on a potential perpetrator’s fear of a death penalty. ”

“ In any case the days are long when spent in a separate cell, awaiting judgment, the nights dark and often sleepless 169 and interminable. We have authentic assurance that the end of it all, the very worst,—conviction, sentence, the heaviest, the extreme penalty of the law,—comes as a distinct relief, and although a certain, shameful death is now before him, the condemned prisoner sleeps soundly on his final return from court. The prisoner condemned to death is generally worn out with the struggle for life. ”

“ Stephens, 462 U.S. 862, 877, 103 S.Ct. 2733, 2742, 77 L.Ed.2d 235 (1983) (" [A] n aggravating circumstance must genuinely narrow the class of persons eligible for the death penalty and must reasonably justify the imposition of a more severe sentence on the defendant compared to others found guilty of murder") (footnote omitted) ”

“ And indeed what prevents our asserting that people in prison under sentence of death are not punished till their heads are cut off, or that the person who has taken hemlock, and walks about till he feels it is getting into his legs, suffers not at all till he is deprived of sensation by the freezing and curdling of his blood, if we consider the last moment of punishment all the punishment, and ignore all the intermediate sufferings and fears and anxiety and remorse, the 343destiny of every guilty wretch? ”

“ For the purpose of any proceedings on or subsequent to a person's trial on a charge of capital murder, that charge and any plea or finding of guilty of capital murder shall be treated as being or having been a charge, or a plea or finding of guilty, of murder only; and if at the commencement of this Act a person is under sentence of death for murder, the sentence shall have effect as a sentence of imprisonment for life. ”

“ No one shall be arbitrarily deprived of his life.
Article 6 Sentence of death may be imposed only for the most serious crimes in accordance with the laws in force at the time of commission of the crime and pursuant to a final judgment rendered by a competent court. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. ”

“ After a long trial the jury found the three prisoners guilty of murder. The verdict was received in court with silence, but when the result was known outside the people cheered vociferously, and this they continued so long that the officers were obliged to close the windows of the court, that the voice of the judge might be heard in passing sentence of death. Only four days’ grace was given to the unhappy men, for their execution was fixed for the 5th of December. ”