Capital punishment in Nebraska

Capital punishment has been judicially invalidated in the U.S. state of Nebraska. A total of 37 individuals have been executed in Nebraska including 3 since 1976. A total of 10 people are under a sentence of death in the state as of June 2008. The only capital crime is first degree murder.

The current legally prescribed method of execution in Nebraska is electric chair; however, on February 8, 2008, the Nebraska Supreme Court declared that use of the electric chair to carry out executions constitutes "cruel and unusual punishment." Executions in Nebraska will be effectively stayed until a new method of capital punishment is adopted by the state legislature.

Process

The jury decides the sentence and may punish First Degree Murder as a Class I felony or a Class IA felony. According to Nebraska law, Class I felonies mean death is the punishment and Class IA felonies mean life imprisonment without parole is the punishment. Death sentences are automatically appealed to a three-judge panel. The Governor of Nebraska sits on the board that determines clemency. 31 people have been given clemency including 11 since 1976. First Degree Murder is the only Class I crime. Nebraska State Penitentiary is where executions in Nebraska have taken place since 1903. People who are under 18 at the time of the crime or mentally retarded are (federally) constitutionally precluded from being executed.

Method

Hanging was the method Nebraska used up to the execution of Albert Prince. In 1913 after the execution of Albert Prince, a new law was passed requiring electric chair as the method of execution and outlawed hanging. Allison Colle was the first person executed by the electric chair in Nebraska. As of 2007, the electric chair was required as the method of execution.

However, on February 8, 2008, the Nebraska Supreme Court declared execution by electrocution to constitute "cruel and unusual punishment" under the Nebraska Constitution, effectively staying all death sentences in Nebraska until another means of capital punishment has been approved by the state legislature. [http://www.supremecourt.ne.gov/opinions/2008/february/feb8/s05-1268.pdf]

Capital offenses

* First Degree Murder
** First degree murder is killing another person by :
*** Murdering the person purposely and with deliberate and premeditated malice.
*** Murdering the person in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, or burglary.
*** Murdering the person by administering poison or causing the same to be done; or if by willful and corrupt perjury or of the same he or she purposely procures the conviction and execution of any innocent person.

List of individuals executed in Nebraska before 1976

A total of 14 individuals have been executed in the U.S. state of Nebraska from its statehood in 1867 when counties carried out executions until 1903 when the state took over executions.

See also

* Capital punishment in the United States

References

External links

* [http://users.bestweb.net/~rg/execution/NEBRASKA.htm List of executions in Nebraska]
* [http://law.justia.com/nebraska/codes/s28index/s2803003000.html/ First Degree Murder]
* [http://law.justia.com/nebraska/codes/s28index/s2801005000.html/ Classes and Penalties for Felonies]
* [http://law.justia.com/nebraska/codes/s28index/s2801005001.html/ Procedures for capital cases and who can not get the death penalty]