Western High School

The Death Penalty in America

Kay Johnson

English 12

Stephanie May

March 6, 2019

Investigative Essay Introduction
HOOK-- Begin your essay by getting your
reader’s attention. Circle what method
you will use below:
● Question
● Quote
● Interesting fact or statistic
Two or three sentences that give
BACKGROUND information about the
topic.
Johnson 1
Write your HOOK here:
“Death row is a nightmare to serial killers and
ax murderers. For an innocent man, it's a life
of mental torture that the human spirit is not
equipped to survive” (Confession 1).
Write your BACKGROUND sentences
here:
Nearly one-third of exonerations involve the
wrongful conviction of an innocent person for
a crime that never actually happened (Henry
1).
The Death Penalty, (also known as capital
punishment), can sometimes have an unjust
conviction for people that haven’t even
committed a crime.
Speaking of the Death Penalty, it’s been
around for a long time. Two centuries ago,
capital punishment was commonplace in the
13 colonies, as well as in England and across
Europe (Rust-Tierney, and Marquis 1).
 Johnson 2

THESIS STATEMENT: Write your THESIS STATEMENT here:

Society can have a impact on the

protection of an unborn person’s right to live
against those who feel their lives should be
terminated.
The Death Penalty removes a person’s right to
life to protect the public, despite other’s belief
that it’s wrong and unjustifiable to murder no
matter the reason.

History/Progression of Topic
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● Where: Jamestown colony of Virginia in 1608 (Introduction 1).

● When: Jamestown colony of Virginia in 1608 (Introduction 1).

● How: When European settlers came to the new world, they brought the practice of capital

punishment (Introduction 1).

● Who: European settlers (Introduction 1).

● Why: Britain influenced America's use of the death penalty more than any other country.

When European settlers came to the new world, they brought the practice of capital

punishment (Introduction 1).

1. Development/Attitude (negative or positive)?

When the first colonists came to America, they brought the British penalty system. In

Virginia, someone could’ve been executed for crimes as small as murdering chickens, trading

with the Indians, stealing fruit, etc. But, the first documented execution in America was for a

very serious crime. Captain George Kendall in the Jamestown colony of Virginia in 1608, was

hanged for treason. Among other serious capital crimes in colonial times were witchcraft,

murder, rape, etc (Historical 1).

2. Changes (negative or positive)?

● In 1775, the Death Penalty was in all thirteen colonies. The only colony that didn’t have

ten crimes punishable by death was Rhode Island. The colonies had similar death

sentences that covered things like treason, piracy, murder, arson, robbery, horse-stealing,

slave rebellion, counterfeiting, etc. Hanging was usually their punishment. Rhode Island

was pretty much the only colony that lowered numbers of capital crimes in the late 1700s

(Historical 1).
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● On April 30th, 1790, The very first Congress adopted a plethora of bills, except the bill

giving salaries, these bills were from the Senate. Most important was the Punishment of

Crimes Act. That was the first listing of federal crimes and their punishment. In addition

counterfeiting of federal records, and treason, the crimes also involved disfigurement,

murder, and robbery in federal jurisdictions or on the high seas. The fourth paragraph of

the act let judges sentence convicted murderers to surgical dissection after their

execution. The fifth paragraph included imprisonment and fines for anyone attempting to

rescue a body of someone that was sentenced to be dissected (Historical 1).

● On June 25th, 1790, the first person under the U.S. Federal Death Penalty was executed.

U.S. Marshall Henry Dearborn organized Thomas Bird’s hanging in Massachusetts. The

marshall paid five dollars and fifty cents to build gallows to help hang Bird, and bought

him coffin as well (Historical 1).

● In 1833, public executions were starting to be viewed as too cruel, so the states switched

to private hangings. Tens of thousands of exuberant watchers would show up to watch

the hangings. The town’s merchants would sell alcohol and souvenirs. Pushing and

fighting would break out as people go after the best view of the hanging or the corpse.

Spectators cursed the wife of the person being hanged or the victim and would try to tear

down the rope or the scaffold for remembrance. Violentness and drunkenness were about

the town far into the night, after the “justice was served.” Many states made laws to have

private hangings. Rhode Island in 1833, Pennsylvania in 1834, New York in 1835,

Massachusetts in 1835, and New Jersey in 1835. All of these states got rid of public

hangings. By 1849, fifteen states held private hangings. This wasn’t favored by a lot of
 Johnson 5

death penalty abolitionists who believed public executions would eventually make people

to not want execution itself (Historical 2).

● 1846 was the year Michigan became the first US to Abolish Capital Punishment, except

for treason. In 1846, the Michigan got rid of the death penalty for every crime, except

treason. Michigan replaced it with life in prison. This law took effect in 1847, making

Michigan the first English-speaking place in the world to abolish capital punishment

(Historical 2).

● 1852 was the year Rhode Island decided to be the First State to outlaw the Death Penalty

for every crime, including treason. A year later in 1853, Wisconsin was the second state

to outlaw the Death Penalty for every crime as well (Historical 2).

● December 7th, 1982 was when Texas performed the first Lethal Injection. In 1977, an

Oklahoma medical examiner named Jay Chapman proposed that the death-row inmates

should be executed using three drugs given in a specific sequence: a barbiturate (to

anesthetize inmates), pancuronium bromide (to paralyze inmates and stop their breathing)

and potassium chloride (which stops the heart). This proposal was approved by the

Oklahoma state legislature the same year and quickly adopted by the other states. On

Dec. 7th, 1982, Texas was the first to use this procedure. They executed Charles Brooks

for killing Fort Worth mechanic, David Gregory (Historical 4).

● On June 26, 1986, the Supreme Court ruled the execution of insane people

unconstitutional. In the Ford vs. Wainwright case 1986, the Supreme Court had a 5-4

vote on June 26th, 1986, that the execution of an insane prisoner was an unconstitutional

violation of the Eighth Amendment that prohibits of cruel and unusual punishment

(Historical 4).
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● January 25th, 1996, was the last execution by hanging. A convicted double-murderer, Bill

Bailey was executed by hanging. Bailey was the third person executed by hanging since

the death penalty was reinstated in 1976. He was also the first hanging in Delaware since

1946. As of April 21st, 2010, Bailey was the last person executed by hanging in America

(Historical 4).

● June 11th, 2001 was when Oklahoma City Bomber Timothy McVeigh was the first

federal prisoner to be executed in thirty eight years. He was responsible for a lot deaths.

One hundred and sixty-eight deaths, to be exact. He bombed the Alfred P. Murrah

Building in Oklahoma City on April 19th, 1995 (Historical 5).

● Death Sentences for minors under that are under the age of eighteen was ruled

unconstitutional on March 1st, 2005. In the cases Roper vs. Simmons, this rule

overturned a 1989 Supreme Court decision in Stanford vs. Kentucky, which allowed for

the execution of people who were sixteen or seventeen at the time that committed crimes.

In Roper, the Court held that the execution of someone under the age of eighteen isn’t a

right punishment under the Eighth Amendment and, therefore, is cruel and unusual

punishment (Historical 5).

3. Involvement by other Individuals or Groups?

● On January 31th, 1945, Private Eddie Slovik was the first American executed for

desertion since the Civil War. He achieved a unique distinction of being the only

American soldier that was executed in that manner since 1864. During the WWII, 2,648

soldiers had a trial by General Courts Martial. Forty-nine was sentenced to death. All of

them were reprieved. Their sentences were being commuted to different terms of
 Johnson 7

imprisonment. But, it was undoubtedly felt that an example had to be made in Slovik's

case, and all appeals for clemency were denied (Historical 3).

● The Rosenberg's Become the First US Civilians Executed for Espionage on June 19th,

1953. Julius Rosenberg and his wife, Ethel, were accused of stealing technical info from

the atom research centre in Los Alamos and giving it to the secret police. This couple was

sentenced to death on April 5th,1951. Despite multiple appeals for clemency, they were

executed by electric chair at Sing-Sing Prison on June 19th,1953. They were the only

people in the U.S. ever executed for Cold War espionage. Their conviction fuelled U.S.

Senator Joseph McCarthy's anti-communist crusade against “anti-American activities" by

U.S. citizens (Historical 3).

● January 17th, 1977. Gary Gilmore was the first person that was executed in the U.S. in

ten years. Gregg gave states the green light to have the death penalty, as long as the juries

gave good and accurate guidance. A half a year later, on January 17, 1977, the first

execution in the U.S. since June of 1967, took place. This man was Gary Gilmore,

convicted of murder in Utah. Just like Wallace Wilkerson in the Utah Territory a century

earlier, Gilmore was executed by firing squad. This was at his request (Historical 3).

● December 30th, 2006, was the execution of Saddam Hussein. America joined its arch

nemesis in Iran today in praising the justice of Saddam Hussein's execution. But,

European powers didn’t like the use of the Death Penalty, even though they didn’t like

the no longer dictator's crimes in Iraq. American president George Bush said that Saddam

had been given the kind of justice he didn’t give to his victims. Some key U.S. allies

expressed discomfort at his execution. Russia, which didn’t like the March 20th, 2003
 Johnson 8

invasion to expel the dictator, and the Vatican expressed regret at the hanging which

some Muslim leaders said would make the violence in Iraq worse (Historical 5).

● Death Penalty support in America was at lowest level in over 40 years on October 29th,

2013. Sixty percent of Americans said that they favored the death penalty for convicted

murderers, the lowest level of support that Gallup (a research, analytics, and advice

website) has measured since November 1972, when 57% were in favor. Support for the

Death penalty peaked up at 80% in 1994, but it has definitely declined since then

(Historical 6).

● August 13th, 2015 was the day that Connecticut Supreme Court banned the Death

Penalty. Connecticut's top court ruled that this state couldn’t impose the Death Penalty,

saying that under the state's constitution it was the equivalent of cruel and unusual

punishment. This decision followed a state law in 2012, that abolished capital punishment

for crimes committed after that date, but it allowed to be imposed for crimes that were

previously committed. The court noted that the punishment wasn’t really taken advantage

of. It was a rarity. Saying there was a “freakishness” in its use and that there were great

differences in its application, depending on a defendant's race or economic class

(Historical 6).

● The Supreme Court ruled Florida's Death Penalty was unconstitutional January 12th,

2015. The U.S. Supreme Court struck down Florida’s death penalty, faulting it for giving

the jury only an advisory role in deciding whether capital punishment was warranted. The

eight to one ruling was in the case of Timothy Lee Hurst. He was convicted of stabbing a

coworker to death in 1998 at a Popeye’s in Pensacola. A judge sentenced him to death,

after the jury recommended execution on a vote of seven to ten. The court said Florida’s
 Johnson 9

system violated the U.S. constitutional right to a jury trial, because it needed the judge to

assess the circumstances of the crime and the appropriateness of capital punishment

independently. Florida had 400 inmates on death row at the time, and was second to

California (Historical 6). Florida in the past, used the electric chair to execute criminals

(Electric chair 1).

● August 14th, 2018 was when Synthetic Opioid Fentanyl was used for the first time in a

Lethal Injection Execution. Prison officials in Nebraska used Fentanyl. It’s a very

powerful opioid at the center of the nation’s overdose epidemic. They used it to execute a

convicted murderer on that day. The lethal injection at the Nebraska State Penitentiary

was the first time fentanyl had been used to carry out the death penalty in America. The

four-drug cocktail had diazepam, which is tranquilizer, fentanyl citrate, which is a

powerful synthetic opioid that can block breathing and knock out someone conscious,

cisatracurium besylate, which is a muscle relaxant, and potassium chloride, which can

stop the heart (Historical 6).

4. Other Effects from Topic

● June 1980 was when the American Medical Association passed the resolution saying that

physicians shouldn’t participate in executions. The debate about the role of doctors in

executions was never really addressed seriously until the legislation in 1977. In

Oklahoma and Texas, they introduced execution by lethal injection. This started a big

discussion with the heaviness of the argument being against any participation. In 1980,

the Judicial Affairs Committee on the American Medical Association approved a

statement recalling that “the doctor's role was to preserve life where there was a
 Johnson 10

possibility of doing so and that the only possible role for a doctor at an execution was to

certify the death of the prisoner." In June of 1980, the House of Delegates of the AMA

(American Medical Association) approved this resolution (Historical 4).

Body of Investigative Essay

List of the Pro Points:

● Capital punishment is an extreme sanction that’s properly saved for type worst of the

worst criminals, like terrorists (Rust-Tierney, and Marquis 2).

● 60% of Americans support the Death Penalty for a person convicted of murder (Rust-

Tierney, and Marquis 3).

● We need it for those rare cases where a murderer is beyond help and or redemption (Rust-

Tierney, and Marquis 3).

 Johnson 11

● In the first decade of the 21st century, there was 26% more executions in America than

the previous decade in the 20th century. During the same period, America’s murder rate

declined by 24% (Rust-Tierney, and Marquis 2).

● I believe if you take someone's life, then under certain circumstances you should pay for

that crime with your life (Hughes).

List of the Con Points:

● When the U.S. was founded more than two centuries ago, Capital Punishment was a

common occurrence in the 13 colonies, as well as England and across Europe. Today it’s

becoming increasingly rare (Rust-Tierney, and Marquis 1).

● Support for Capital Punishment is at a 40-year low (Rust-Tierney, and Marquis 1).

● It’s a medieval form of punishment (Rust-Tierney, and Marquis).

● The decline of death sentences and executions shows a growing concern with Capital

Punishment (Rust-Tierney, and Marquis 2).

 Johnson 12

● Since 2007, the Death Penalty has been eliminated in six states, bringing the number of

states that have it down to 31 (Rust-Tierney, and Marquis 1).

● Part of the definition of humane is to show compassion. I can't say the death penalty is

showing compassion (Hughes).

Current Issues:

● In Ohio, the governor halted “cruel and unusual” Lethal Injection executions (What’s New

1).

● The Supreme Court reverses Texas court’s rejection of intellectual disability claim again

(What’s New 1).

● Death Penalty repeal efforts across America Spurred by growing Conservative support

(What’s New 1).

● A man named Demetrius Howard is on Death Row, but he never murdered anyone. He

was involved in a robbery in with another guy, named Mitchell Funches. Funches shot and

killed Sherry Collins. Howard wasn’t accused of firing a shot and he has consistently said
 Johnson 13

that he never expected or intended for anyone to die. But, under California’s felony murder

law, he was eligible for the death penalty just because he was involved in the robbery

(What’s New 1).

Solutions/Future:

● The Death Penalty can either have one of three endings:

● One, life without parole. That means life in prison. (Alternative 1).

● Two, The Death Penalty in every state. All of them. I feel rather you choose a bench trial

or a jury trial, those people should have the option under very stringent criteria to have

the death penalty as a sentencing option (Hughes).

● Or three, not having the Death Penalty in any state. No criminal would die for their

capital crime.
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Investigative Essay Conclusion

RESTATE YOUR THESIS-- Use the same Write your RESTATED THESIS here:
ideas, but in different words.

The Death Penalty, regardless of others

beliefs that it’s wrong and unjustifiable to

murder no matter the reason, protects the

public by taking away a person’s right to live.

 Johnson 15

Two or three sentences that can elaborate Write your SENTENCES here:
this first thought a little bit more.

Some people don’t like the Death Penalty, but

America could get rid of it. America can

make it so there is no Death Penalty or having

life without parole. Some people do like it,

and if so then maybe it should be in all fifty

states.

End with a THOUGHT PROVOKING Write your THOUGHT PROVOKING

STATEMENT here:
STATEMENT: What do you want your
reader to think about regarding your topic?
DO NOT INTRODUCE NEW INFO HERE! How would this situation will be handled in

the near future? Should we have the Death

Penalty in all fifty state? Should we just have

life without parole? Or should we not even

have the Death Penalty at all? That’s

America’s decision.
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Appendix A
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Works Cited

“A Quote from The Confession.” Goodreads, Goodreads,

www.goodreads.com/quotes/375649-death-row-is-a-nightmare-to-serial-killers-and-ax.

Cuadp.org, www.cuadp.org/.

"Electric Chair." Gale Opposing Viewpoints in Context, Gale, 2007. Opposing Viewpoints

in Context, http://0-

link.galegroup.com.elibrary.mel.org/apps/doc/EJ2210079104/OVIC?u=lom_accessmich&

sid=OVIC&xid=63176b72. Accessed 4 Mar. 2019.

“Historical Timeline - Death Penalty - ProCon.org.” Should the Death Penalty Be

Allowed?, deathpenalty.procon.org/view.timeline.php?timelineID=000025#1800-1944.

Henry, Jessica S. "SMOKE BUT NO FIRE: WHEN INNOCENT PEOPLE ARE

WRONGLY CONVICTED OF CRIMES THAT NEVER HAPPENED." American

Criminal Law Review, Summer 2018, p. 665+. Opposing Viewpoints in Context,

http://link.galegroup.com/apps/doc/A546229648/OVIC?u=lom_accessmich&sid=OVIC&
 Johnson 18

xid=e93956ea. Accessed 26 Feb. 2019.

Hughes, Bryan. Text Messaging Interview.

“Part I: History of the Death Penalty.” Millions Misspent: What Politicians Don't Say

About the High Costs of the Death Penalty | Death Penalty Information Center,

deathpenaltyinfo.org/part-i-history-death-penalty.

Rust-Tierney, Diann, and Joshua Marquis. "Should the Death Penalty Be Abolished?"

Junior Scholastic/Current Events, 18 Sept. 2017, p. 22+. Opposing Viewpoints in Context,

http://link.galegroup.com/apps/doc/A512184680/OVIC?u=lom_accessmich&sid=OVIC

xid=fac42fc8. Accessed 26 Feb. 2019.

“What's New.” Millions Misspent: What Politicians Don't Say About the High Costs of the

Death Penalty | Death Penalty Information Center, deathpenaltyinfo.org/.

Johnson 19