Capital punishment in Louisiana

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 sentence of death in the state as of October 13, 2007. The current method of 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 aggravated rape of a victim under the age of 12. The 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" [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] .

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 executed by the state of Louisiana since 1976:

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. DavisCite 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] 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] . Kennedy's case has led to a challenge before the 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

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]