United States Constitution and The State of the Death Penalty in the US

As of April 1, 2008, the Death Penalty was authorized by 37 states, the Federal Government, and the U. S. Military. Those jurisdictions without the Death Penalty include 13 states and the District of Columbia. (Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Jersey, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin). Premeditated and cold-blooded killing of a human being by the state it violates the right to life as proclaimed in the Universal Declaration of Human Rights, and the right to be free from cruel, inhuman and degrading punishment. Over two-thirds of the countries in the world 141 have now abolished the death penalty in law or practice. In the U. S., 17 states have put an end to state-sanctioned killing. Dakota Territory established the death penalty in 1865. The penalty was carried into North Dakota law at statehood. In 1915, the penalty was restricted to persons convicted of committing a first-degree murder while already under a life sentence for first-degree murder. The death penalty was abolished when North Dakota's new criminal code became effective, July 1, 1975. According to historian Frank E. Vyzralek, only one legal execution took place in the northern half of Dakota Territory in Grand Forks in 1885. Seven legal executions took place after statehood. The last one John Rooney in 1905 was the first to take place inside the prison walls at Bismarck. Previous executions had taken place in the counties, usually next to the courthouse. Three lynching’s took place in the northern half of Dakota Territory and six took place in North Dakota after statehood. The last lynching was McKenzie County in 1931. The only triple lynching took place in Emmons County in 1897, and, it followed the North Dakota Supreme Court's reversal of the conviction of one of the three. In 1915, North Dakota abolished the death penalty except for two crimes: treason and murder committed by an inmate already serving a life sentence. The last remnants of capital punishment were abolished in 1973. North Dakota has carried out only eight executions in its history and the last person executed in North Dakota was John Rooney in 1905. The American Civil Liberties Union (ACLU) is dedicated to ensuring that North Dakota prisons, jails, and juvenile facilities comply with the Constitution, federal law, and international human rights principles, and to addressing the crisis of over-incarceration today. The ACLU of SD is principally concerned that the criminal justice system treats women and girls fairly regardless of race and that it protects the healthcare choices and safety of all women in custody. The Center for Justice will tackle crime, punishment, and over-incarceration as crucial issues in the unfinished agenda to achieve justice. The ACLU of North Dakota seeks to defend and advance the constitutionally protected rights of all people living in the state. They work to extend rights to segments of our population that have traditionally been denied their rights, including people of color; women; and lesbians, gay men, bisexuals and transgender people. The ACLU of ND is a fundamentally conservative organization because the Bill of Rights of the United States Constitution is the fundamental document and philosophy, which motivates the ACLU. They are also, on the other hand, a progressive organization

that seeks to ensure all people in the United States, regardless of race, gender, religious belief or sexual orientation are protected by the Bill of Rights. Capital punishment does not work. There is mounting evidence that proves this fact. The death penalty, both in the U. S. and around the world, is discriminatory and is used disproportionately against the poor, minorities and members of racial, ethnic and religious communities. Since humans are fallible, the risk of executing the innocent can never be eliminated. Furthermore, the astronomical costs associated with putting a person on death row including criminal investigations, lengthy trials and appeals are leading many states to re-evaluate and re-consider having this flawed and unjust system on the books. Since 1973, over 130 people have been released from death rows throughout the country due to evidence of their wrongful convictions. In 2003 alone, 10 wrongfully convicted defendants were released from death row. The death penalty is the ultimate, irreversible denial of human rights. It is the 1995 North Dakota legislature considered reinstituting the death penalty. The bill was defeated, following arguments based on morality and economics. References: Clear, T. R., Cole, G. F., & Reisig, M. D. (2011). American corrections (9th ed.). Belmont, CA: Wadsworth C Frank E. Vyzralek, More about Justice on the Dakota Frontier (2000). engage Learning. North Dakota Death Penalty Information Center. deathpenaltyinfo.org/north-dakota-o