Lemieux Library - The Legal Process

Seattle University A.A. Lemieux Library
Academic Day 2002

Dead Man Walking

Law and Law-Related Resources

	> introduction
	> general information
	> specific issues and organizations
	> tip of the iceberg

What are the legal issues behind capital punishment?

introduction

In medieval England if someone killed a member of your family, you had the right to act as judge, jury and executioner to avenge the death of a loved one. King Henry II of England (reigned 1154-1189) changed the face of criminal law forever when he decreed that such offenses were now crimes against the state. By this act, the death penalty was incorporated into the English judicial process for the first time. Its enactment into law, however, did nothing to stem the tide of killing by tyrants for social, political or religious offenses or, for that matter, of executions as public spectacle. The concept of judicially mandated capital punishment survived the voyage to the New World and was widely adopted by the colonies. After the War of Independence, the First Congress enshrined the death penalty in 1790, prescribing its use for the crimes of rape, murder, robbery, and the forgery of securities. Since then, American law has evolved more modern ideas, such as "degrees" of murder; reduction in number of crimes punishable by death; the expanded role of the jury in capital sentencing; increased appellate review of death sentences; and, experiments with partial or complete moratoriums on the use of the death penalty.

The legal processes which lead to an execution are, by their nature, complex, expensive, and require a great deal of time. In Washington State, competent attorney representation, evidence gathering, trial through both guilt and sentencing phases, post conviction review, clemency petitioning, and other proceedings can take up to 10 years or more and cost well over $300,000.

The use of capital punishment has stimulated no shortage of articles, books and organizations which take one side or the other. Understanding the issues involved requires clear, critical thinking and good research resources. It is with this goal in mind that we offer the following annotated webliography for you to consult while you ponder the great issues raised in Helen Prejean's Dead Man Walking.

general information

Cornell's Death Penalty page: Presents a readable and brief overview of death penalty law. Includes references to historic Supreme Court opinions, relevant state and federal statutes, as well as additional sources of information on related capital punishment topics such as juveniles and the mentally ill. Links to pages for advocacy organizations of different stripes are also included.
Death Penalty Curricula for High Schools: Designed by Michigan State University Communication Technology Lab to support a high school teaching unit on the death penalty, this sophisticated site is content-rich and makes excellent use of graphics. Includes a clear, complete description of the route of a capital case through the legal process, as well as a comprehensive history of the death penalty. Presents cogent arguments to support or refute various capital punishment statements (e.g. "the death penalty prevents future murders").

Death Penalty Information Center: The Death Penalty Information Center is an anti-death penalty organization which produces reports and analysis used by the media. Their site contains an "information topics" page with links to the Center's resources on a full spectrum of death penalty issues, including race, women, juveniles, international perspectives and September 11th issues.
Death Penalty News and Updates: Strong statistical reporting and current news are this site's major strengths. It also has links to state and international organizations.
Derechos Human Rights: This human rights organization has a collection of death penalty links which include world-wide information and advocacy contacts.

specific issues and organizations

A moratorium temporarily suspends the use of the death penalty in a particular jurisdiction for either a specified or unspecified period of time. Racial or geographic disparities of the condemned underlie some rationales for a moratorium, while others have questioned the quality of a defendant's legal representation. In 1997, the American Bar Association issued a call for a moratorium on all executions to remedy what it viewed as "critical flaws" in the criminal justice system. Following closely after the executions of born-again Christian Karla Faye Tucker and Timothy McVeigh, Illinois governor George Ryan imposed a moratorium on executions in January of 2000. He reasoned that more death row inmates had been exonerated than executed in his state since 1977. This alarming statistic called into question the whole death penalty process in Illinois and around the nation. Use the websites below to track continuing developments on this issue.

State Level: This ACLU website presents state moratorium activity all in one place.
Federal Level: Also from the ACLU, this website contains current, readable information about federal moratorium activity.

State Department of Corrections: This site provides a detailed description of the history of the death penalty in Washington State and a list of those executed since 1904. Includes citations to the Revised Code of Washington and additional facts and figures. Information is unbiased.
Washington Coalition to Abolish the Death Penalty: This website offers a brief history of Washington's death penalty law and a description of the crimes which can invoke the death penalty. Of special note is a table that lists judicially overturned death sentences. Includes a backfile of their informative newsletter starting with the 1997 issues.

Deadman Talking: This site contains a series of columns written by a condemned prisoner, Dean Carter, at San Quentin Prison. They describe daily life on death row, and include some discussion of the legal process and capital punishment.

Religion and Ethics Newsweekly (a joint production of WNET and PBS): This program transcript features a roundtable discussion of the death penalty by a group of religious leaders. The website also presents links to other sites with ethical and religious views on the subject and a useful bibliography of readings.
Helen Prejean's official website
Catholics Against Capital Punishment: Includes Vatican documents; the full text of statements from the U.S. Conference of Catholic Bishops; and passages from the Catholic Catechism relating to the topic.
Religious Action Center of Reform Judaism: Provides an excellent, accessible analysis of various death penalty issues. This site makes available the position of the reform Jewish movement. Includes the Center's press releases and a list of useful links. The site was last updated in 2001.

Against the death penalty:

Amnesty International USA: Amnesty International is a worldwide organization with members in over 160 countries. It strives to advance the human rights standards embodied in the Universal Declaration of Human Rights. The website for the USA branch contains a sizeable collection of informative death penalty fact sheets (mental illness, juveniles, etc.), updates about death penalty cases around the globe, and a list of additional links.
American Civil Liberties Union: Founded in 1920, the ACLU's mission is to advocate for those whose civil liberties are at risk. This robust site features news updates, federal and state legislation, and a huge page of links under "resources".

For the death penalty:

Pro Death Penalty: This current resource presents an alternative view of the death penalty. It offers links to statistical sources, news and information, as well as links to other pro-death penalty websites.

articles in Lemieux Library

At Issue
CQ Researcher
Volume 11, Issue 40, pg. 961
REF H35 E35 2001
Current Situation
CQ Researcher
Volume 11, Issue 40, pg. 959
REF H35 E35 2001
Is the Death Penalty Unjust?
CQ Researcher
Volume 5, Issue 9, pg. 209
REF H35 E35 1995

tip of the iceberg...

Dig deeper into these topics by exploring additional resources available both in the library and through the Library Homepage. Additional books & videos can be located through the "Library Catalog" link. Articles (including full-text) can be located in many general and specialized journal databases through the "Databases" link. Reference staff is also available to assist you in finding materials.