Capital punishment in Louisiana 413878 223655204 2008-07-05T02:56:07Z 68.106.163.189 /* Capital offenses */ '''[[Capital punishment]]''' is legal in the [[U.S. state]] of [[Louisiana]]. A total of 659 individuals have been executed in [[Louisiana]] including 27 since 1976. A total of 88 people are under a [[capital punishment|sentence of death]] in the state as of [[October 13]], [[2007]]. The current method of [[capital punishment|execution]] in [[Louisiana]] is [[lethal injection]]. Capital crimes in Louisiana are: First degree [[murder]] ([[premeditation]] does not have to be a part of it, but instead requires specific intent), and [[treason]]. Formerly the state also allowed execution for the [[Rape|aggravated rape]] of a victim under the age of 12. The [[Supreme Court of the United States|Supreme Court]], however, ruled it unconstitutional on [[June 25]], [[2008]] in [[Kennedy v. Louisiana]], saying "there is a distinction between intentional first-degree murder on the one hand and nonhomicide crimes against individual persons"<ref>{{cite web|url=http://www.nytimes.com/2008/06/26/washington/26scotuscnd.html?_r=1&hp&oref=slogin|title=Supreme Court Rejects Death Penalty for Child Rape|publisher=The NY Times|date=|accessdate=2006-25-06}}</ref>. ==Process== The jury decides the sentence and may give a [[sentence]] of life imprisonment without parole for capital offenses. A unanimous verdict is needed is order to convict of defendant of a capital crime and sentence to death. Clemency rests with the [[governor of Louisiana]], who must have a recommendation from a board. ==Method== Executions in Louisiana are currently performed at the [[Louisiana State Penitentiary]] in [[Angola, Louisiana]], where [[Louisiana]]'s [[death row]] is by [[lethal injection]]. Lethal injection is the sole method of execution. Previous methods: hanging up to 1938 and then electrocution for 61 people from 1941 to 1991. ==Capital offenses== * Treason against the state of Louisiana. * First degree murder: ** The murder was committed during the commission of, attempt of, or escape from a specified felony (aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated rape, forcible rape, aggravated burglary, armed robbery, assault by drive-by shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty to juveniles, or second degree cruelty to juveniles). ** The victim was a fireman or peace officer engaged in his lawful duties. ** The offender has a specific intent to kill or to inflict great bodily harm upon more than one person. ** The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value. ** The victim was under the age of 12 years. ** The victim was 65 years or older. ** The murder was committed during an illegal drug deal. ** The murder was committed while the defendant was engaged in "ritualistic acts". ** The murder was committed while the defendant was the subject of a restraining order protecting the victim. ** The murder was committed upon a victim who was a witness to a crime or was a member of the immediate family of a witness to a crime committed on a prior occasion. ==Individuals executed since 1976== A total of 27 individuals convicted of murder have been [[capital punishment|executed]] by the state of Louisiana since 1976: {|class="wikitable" |- ! !Executed person !Date of execution !Method !Victims !Under Governor |- |1 |[[Robert W. Williams|Robert Wayne Williams]] |[[14 December]] [[1983]] |[[electric chair]] |Willie Kelly. |[[David C. Treen]] |---- |2 |[[Johnny Taylor, Jr.]] <!-- 30 years old when executed, so born in 1953 or 1954. --> |[[29 February]] [[1984]] |electric chair |David Vogler. |[[David C. Treen]] |---- |3 |[[Elmo Patrick Sonnier]] |[[5 April]] [[1984]] |electric chair |Loretta Bourque and David LeBlanc. |[[Edwin Edwards]] |---- |4 |[[Timothy G. Baldwin]] <!-- 46 years old when executed, so born in 1953 or 1954. See also Baldwin v. Blackburn, {{ussc|468|1246|1984}} --> |[[10 September]] [[1984]] |electric chair |Mary Lee Peters. |[[Edwin Edwards]] |---- |5 |[[Ernest Knighton, Jr.]] <!-- 38 years old when executed, so born in 1945 or 1946. --> |[[30 October]] [[1984]] |electric chair |Ralph Shell. |[[Edwin Edwards]] |---- |6 |[[Robert Lee Willie]] |[[28 December]] [[1984]] |electric chair |Faith Hathaway. |[[Edwin Edwards]] |---- |7 |[[David Dene Martin]] |[[4 January]] [[1985]] |electric chair |Bobby Todd. |[[Edwin Edwards]] |---- |8 |[[Benjamin Berry]] <!-- 31 years old when executed, so born in 1955 or 1956. --> |[[7 June]] [[1987]] |electric chair |Robert Cochran. |[[Edwin Edwards]] |---- |9 |[[Alvin R. Moore, Jr.]] |[[8 June]] [[1987]] |electric chair |Jo Ann Wilson. |[[Edwin Edwards]] |---- |10 |[[Jimmy L. Glass]] |[[12 June]] [[1987]] |electric chair |Newt Brown and Erlene Brown. |[[Edwin Edwards]] |---- |11 |[[Jimmy Wingo]] |[[12 June]] [[1987]] |electric chair |Newt Brown and Erlene Brown. |[[Edwin Edwards]] |---- |12 |[[Willie Celestine]] |[[20 July]] [[1987]] |electric chair |Marcelaine Richard. |[[Edwin Edwards]] |---- |13 |[[Willie Watson (murderer)|Willie Watson]] |[[24 July]] [[1987]] |electric chair |Kathy Newman. |[[Edwin Edwards]] |---- |14 |[[John E. Brogdon]] |[[30 July]] [[1987]] |electric chair |Barbara Jo Brown. |[[Edwin Edwards]] |---- |15 |[[Sterling J. Rault, Jr.]] |[[24 August]] [[1987]] |electric chair |Jane Ellen Francioni. |[[Edwin Edwards]] |---- |16 |[[Wayne Robert Felde]] |[[15 March]] [[1988]] |electric chair |Glen Thompkins. |[[Buddy Roemer]] |---- |17 |[[Leslie Lowenfield]] <!-- 34 years old when executed, so born in 1953 or 1954. See also Lowenfield v. Phelps, {{ussc|484|231|1988}} --> |[[13 April]] [[1988]] |electric chair |Shiela Thomas, Shantel Osborne, Carol Osborne, Owen Griffin, and Myrtle Griffin. |[[Buddy Roemer]] |---- |18 |[[Edward R. Byme, Jr.]] |[[14 June]] [[1988]] |electric chair |Robert Johnson. |[[Buddy Roemer]] |---- |19 |[[Dalton Prejean]] |[[18 May]] [[1990]] |electric chair |Donald Cleveland. |[[Buddy Roemer]] |---- |20 |[[Andrew Lee Jones]] |[[22 July]] [[1991]] |electric chair |Tumekica Jackson. |[[Buddy Roemer]] |---- |21 |[[Robert Sawyer (murderer)|Robert Wayne Sawyer]] |[[5 March]] [[1993]] |[[lethal injection]] |Frances Arwood. |[[Edwin Edwards]] |---- |22 |[[Thomas Lee Ward]] |[[16 March]] [[1995]] |lethal injection |Wilbert John Spencer. |[[Edwin Edwards]] |---- |23 |[[Antonio James|Antonio G. James]] |[[1 March]] [[1996]] |lethal injection |Henry Silver. |[[Murphy J. Foster, Jr.]] |---- |24 |[[John A. Brown, Jr.|John Ashley Brown, Jr.]] |[[24 April]] [[1997]] |lethal injection |Omer Laughlin. |[[Murphy J. Foster, Jr.]] |---- |25 |[[Dobie Gillis Williams]] |[[8 January]] [[1999]] |lethal injection |Sonja Knippers. |[[Murphy J. Foster, Jr.]] |---- |26 |[[Feltus Taylor|Feltus Taylor, Jr.]] |[[6 June]] [[2000]] |lethal injection |Donna Ponsano. |[[Murphy J. Foster, Jr.]] |---- |27 |[[Leslie Dale Martin]] |[[10 May]] [[2002]] |lethal injection |Christina Burgin. |[[Murphy J. Foster, Jr.]] |---- |} ==Notable cases== The only two people in the [[United States]] who are sentenced to die of a rape that did not result in death were convicted in Louisiana courts: [[Patrick O. Kennedy]] and [[Richard L. Davis]]<ref name="one">{{Cite web|url=http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20071213/NEWS03/712130320/1062/NEWS03|title=Death for rapist: Jury says man should die for assaulting 5-year-old|accessyear=2008|accessmonthday=January 4|publisher=[[Shreveport Times]], Shreveport, LA|year=2007|monthday=December 13|author=Loresha Wilson}}</ref> <ref name="four">{{Cite web|url=http://ap.google.com/article/ALeqM5iiEniqpAKUX1RKGGD9edZH_WHkYwD8TVC7P02|title=Court Mulls Death Penalty for Child Rape|accessyear=2008|accessmonthday=January 11|publisher=[[Associated Press]]|year=2008|author=Mark Sherman}}</ref>. Kennedy's case has led to a challenge before the [[Supreme Court of the United States|Supreme Court]], which was heard in April 2008. The court ruled in their favor, overturning their death sentences but upholding their convictions. == See also == * [[Capital punishment in the United States]] == References == {{reflist}} ==External links== * [http://www.corrections.state.la.us/lsp/mission_statement.htm Louisiana State Penitentiary] * [http://law.justia.com/louisiana/codes/146/78397.html RS 14:30 "First Degree Murder"] * [http://law.justia.com/louisiana/codes/146/78529.html RS 14:42"Aggravated Rape"] * [http://law.justia.com/louisiana/codes/146/78274.html RS 14:113 "Treason"] * [http://www.courttv.com/archive/legaldocs/capital/map/la.html Court TV on the matter] {{CapPun-US}} [[Category:Lists of executed people|Louisiana]] [[Category:People from Louisiana|*]] [[Category:Louisiana law]] [[Category:Capital punishment in the United States by state|Louisiana]]