Capital punishment in Louisiana
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223655204
2008-07-05T02:56:07Z
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/* 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]]