![Sing Sing](https://upload.wikimedia.org/wikipedia/commons/0/0c/Sing_Sing.jpg)
Capital punishment was outlawed in New York after the
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
, the highest court in the state, declared the practice as
unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
under the state's constitution in 2004.
In 1972, the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's ruling declared existing capital punishment statutes unconstitutional in ''
Furman v. Georgia
''Furman v. Georgia'', 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court invalidated all then existing legal constructions for the death penalty in the United States. It was 5–4 decision, with each memb ...
'', abolishing the practice of capital punishment in the United States. In 1976, the same court's ruling in ''Gregg v. Georgia'' allowed states to reinstate the death penalty. In 1995,
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
George Pataki
George Elmer Pataki (; born June 24, 1945) is an American lawyer and politician who served as the 53rd governor of New York from 1995 to 2006. An attorney by profession, Pataki was elected mayor of his hometown of Peekskill, New York, and went on ...
signed a new statute into law which returned the death penalty in New York by authorizing
lethal injection
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
for
execution
Capital punishment, also known as the death penalty, is the State (polity), state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to ...
. However, there were no executions before the law was repealed for good in 2004.
Prior to ''Furman v. Georgia'', New York was the first state to adopt the
electric chair
An electric chair is a device used to execute an individual by electrocution. When used, the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes fastened on the head and leg. This execution method, ...
as a method of execution, which replaced
hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...
. The last New York execution during that time had occurred in 1963, when
Eddie Lee Mays
Eddie Lee Mays (March 15, 1929 – August 15, 1963) was the last person to be executed by the New York (state), state of New York. He was convicted of first degree murder and robbery in 1962. Mays was 34 years old at the time of execution.
Early ...
was electrocuted at
Sing Sing
Sing Sing Correctional Facility, formerly Ossining Correctional Facility, is a maximum-security prison operated by the New York State Department of Corrections and Community Supervision in the village of Ossining, New York. It is about north of ...
prison. There were no executions in New York after the reinstatement of the death penalty before it was abolished again on June 24, 2004, when the state's
highest court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled in ''
People v. LaValle
''People v. LaValle'', 3 N.Y.3d 88 (2004), was a landmark decision by the New York Court of Appeals, the highest court in the U.S. state of New York, in which the court ruled that the state's death penalty statute was unconstitutional because of ...
'' that the state's death penalty statute violated the
state constitution.
New York has had no valid statute relating to capital punishment since then.
Subsequent legislative attempts at fixing or replacing the statute have failed,
and in July 2008 Governor
David Paterson
David Alexander Paterson (born May 20, 1954) is an American politician and attorney who served as the 55th governor of New York, succeeding Eliot Spitzer and serving out nearly three years of Spitzer's term from March 2008 to December 2010. A ...
issued an executive order disestablishing New York's
death row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...
.
Legislative efforts to amend the statute have failed, and death sentences are no longer sought at the state level, though certain crimes that fall under the jurisdiction of the federal government are subject to the
federal death penalty
Capital punishment is a legal penalty under the criminal justice system of the United States federal government. It can be imposed for treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court ...
.
Colonial period and statehood
During various periods from the 1600s onward, New York law prescribed the death penalty for crimes such as
sodomy
Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
,
adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
,
counterfeiting
To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value tha ...
,
perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
, and attempted rape or murder by slaves.
In 1796, New York abolished the death penalty for crimes other than
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
and
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, but
arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...
was made a capital crime in 1808.
[
]
Temporary abolition
In 1860, the New York Legislature
The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an official t ...
passed a bill which effectively, though unintentionally, abolished capital punishment in the state, by repealing hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...
as a method of execution without prescribing an alternative method. The bill was signed by Governor Edwin D. Morgan
Edwin Denison Morgan (February 8, 1811February 14, 1883) was the 21st governor of New York from 1859 to 1862 and served in the United States Senate from 1863 to 1869. He was the first and longest-serving chairman of the Republican National Comm ...
in April 1860. The New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
ruled the statute unconstitutional, in part, as an ''ex post facto'' law. Governor Morgan signed legislation to restore the death penalty in 1861, and again in 1862 to fully repeal the earlier statute.
Introduction of the electric chair
In 1886, newly elected New York State governor David B. Hill
David Bennett Hill (August 29, 1843October 20, 1910) was an American politician from New York who was the 29th Governor of New York from 1885 to 1891 and represented New York in the United States Senate from 1892 to 1897.
In 1892, he made an u ...
set up a three-member "New York Commission" to determine a new, more humane system of execution to replace hanging. The commission included the human rights advocate and reformer Elbridge Thomas Gerry
Elbridge Thomas Gerry (December 25, 1837 – February 18, 1927), usually called "Commodore" Gerry due to the office he held with the New York Yacht Club from 1886 to 1892, was an American lawyer and reformer who was the grandson of U.S. Vice P ...
, New York lawyer and politician Matthew Hale, and Buffalo dentist and experimenter Alfred P. Southwick. Southwick had been developing an idea since the early 1880s of using electric current as a means of capital punishment after hearing about how relatively painlessly and quickly a drunken man died due to grabbing the energized parts on a generator. Southwick had published this proposal first in 1882 and, being a dentist accustomed to performing procedures on subjects in chairs, used the form of a chair in his designs, which became known as the "electric chair
An electric chair is a device used to execute an individual by electrocution. When used, the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes fastened on the head and leg. This execution method, ...
". The commission reviewed ancient and modern forms of execution including lethal injection
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
but finally settled on electrocution in 1888. A bill making electrocution New York State's form of execution passed the legislature and was signed by Governor Hill on June 4, 1888, set to go into effect on January 1, 1889.
The first individual to be executed in the electric chair was William Kemmler
William Francis Kemmler (May 9, 1860 – August 6, 1890) was an American peddler, alcoholic, and murderer, who, in 1890, became the first person in the world to be executed by electric chair. He was convicted of murdering Matilda "Tillie" Ziegle ...
, on August 6, 1890. Current was passed through Kemmler for 17 seconds and he was declared dead, but witnesses noticed he was still breathing, and the current was turned back on. From start to finish, the execution took eight minutes. During the execution, blood vessels under the skin ruptured and bled, and some witness reported that Kemmler's body caught on fire.
Statistics
From 1890 to 1963, 695 people were executed in New York. The first was William Kemmler
William Francis Kemmler (May 9, 1860 – August 6, 1890) was an American peddler, alcoholic, and murderer, who, in 1890, became the first person in the world to be executed by electric chair. He was convicted of murdering Matilda "Tillie" Ziegle ...
on August 6, 1890, and the last was Eddie Lee Mays
Eddie Lee Mays (March 15, 1929 – August 15, 1963) was the last person to be executed by the New York (state), state of New York. He was convicted of first degree murder and robbery in 1962. Mays was 34 years old at the time of execution.
Early ...
on August 15, 1963. Kemmler was the first person in the world known to be executed in an electric chair. Except for four individuals, all of the people executed during this period were convicted of murder. The four exceptions were Joseph Sacoda and Demetrius Gula, who were convicted of kidnapping and executed January 11, 1940, and Julius and Ethel Rosenberg
Julius Rosenberg (May 12, 1918 – June 19, 1953) and Ethel Rosenberg (; September 28, 1915 – June 19, 1953) were American citizens who were convicted of spying on behalf of the Soviet Union. The couple were convicted of providing top-secret i ...
, who were convicted of espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
and executed June 19, 1953.
Famous cases
In 1901, Leon Czolgosz
Leon Frank Czolgosz ( , ; May 5, 1873 – October 29, 1901) was an American laborer and anarchist who assassinated President William McKinley on September 6, 1901, in Buffalo, New York. The president died on September 14 after his wound became ...
was electrocuted for the assassination
Assassination is the murder of a prominent or important person, such as a head of state, head of government, politician, world leader, member of a royal family or CEO. The murder of a celebrity, activist, or artist, though they may not have ...
of U.S. President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
William McKinley
William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until his assassination in 1901. As a politician he led a realignment that made his Republican Party largely dominant in ...
.
Ruth Snyder
Ruth Brown Snyder (March 27, 1895 – January 12, 1928) was an American murderer. Her execution in the electric chair at New York's Sing Sing Prison in 1928 for the murder of her husband, Albert Snyder, was recorded in a highly publicized photogra ...
was one of the very few women executed at Sing Sing. She was put to death in the electric chair in 1928 for the murder of her husband. Infamously, a photographer from the ''Chicago Tribune
The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'' smuggled a small camera into the execution chamber and snapped a picture of Snyder after the executioner pulled the switch; it was the first known photograph of an electric chair execution, and it remains one of the only known photographs of such.
A lesser known but contemporaneously notorious case dates to January 1936, when serial killer
A serial killer is typically a person who murders three or more persons,A
*
*
*
* with the murders taking place over more than a month and including a significant period of time between them. While most authorities set a threshold of three ...
Albert Fish
Hamilton Howard "Albert" Fish (May 19, 1870 – January 16, 1936) was an American serial killer, Rape, rapist, child molestation, child molester, and cannibalism, cannibal who committed at least three child murders from July 1924 to June 1 ...
was put to death for the cannibal murder of 10-year-old Grace Budd. He was confirmed to have committed at least three murders, but he is suspected of being involved in nine and, prior to his execution, he claimed to have murdered over 100 people. At age 65, Fish was one of the oldest people ever executed at Sing Sing, tied with Michael Rossi, a 65-year-old man who was executed in Sing Sing's electric chair on June 29, 1922. The oldest person to be executed in any New York electric chair was Charles Bonier, who was 75 when he died in Auburn's electric chair on July 31, 1907.
Other notable cases are those of seven members of Mafia hit squad Murder, Inc
Murder, Inc. (Murder, Incorporated) was an organized crime group, active from 1929 to 1941, that acted as the enforcement arm of the National Crime Syndicatea closely connected criminal organization that included the Italian-American Mafia, the ...
. between 1941 and 1944, including Louis "Lepke" Buchalter, the only mob boss to ever receive the death penalty after being convicted of murder, and some of his associates, including Emanuel "Mendy" Weiss and Louis Capone
Louis Capone (September 5, 1896 – March 4, 1944) was a New York organized crime figure who became a supervisor for Murder, Inc. Louis Capone was not related to Al Capone, the boss of the Chicago Outfit. Capone was convicted of murder in 19 ...
, who were executed on March 4, 1944, the same night as Buchalter.
Another notable case was that of the "Lonely Hearts Killers" Raymond Fernandez and Martha Beck
Raymond Martinez Fernandez (December 17, 1914 – March 8, 1951) and Martha Jule Beck (May 6, 1920 – March 8, 1951) were an American serial killer couple. They were convicted of one murder, are known to have committed two more, and wer ...
, who were convicted of three murders but are believed to have killed as many as 20 women between 1947 and 1949. They were executed together on March 8, 1951.
Arguably the most famous execution in state history (although occurring under federal, and not under New York state law) occurred in June, 1953, when Julius and Ethel Rosenberg
Julius Rosenberg (May 12, 1918 – June 19, 1953) and Ethel Rosenberg (; September 28, 1915 – June 19, 1953) were American citizens who were convicted of spying on behalf of the Soviet Union. The couple were convicted of providing top-secret i ...
were put to death at Sing Sing after their conviction on federal espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
charges for passing secrets of the atomic bomb to the Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
. The Rosenbergs were the only American civilians to be executed for espionage-related activity during the Cold War
The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because the ...
. Ethel’s conviction and severely botched execution remains controversial as David Greenglass
David Greenglass (March 2, 1922 – July 1, 2014) was an atomic spy for the Soviet Union who worked on the Manhattan Project. He was briefly stationed at the Clinton Engineer Works uranium enrichment facility at Oak Ridge, Tennessee, and then ...
, Ethel’s brother and a key witness for the prosecution, later admitted to giving perjured testimony against Ethel to shield his wife from criminal liability. In 2015, eleven members of the New York City Council declared that "the government wrongfully executed Ethel Rosenberg," and Manhattan Borough President Gale Brewer
Gale Arnot Brewer (born September 6, 1951) is an American Democratic politician from the state of New York who has represented the 6th New York City Council District since January 2022, a position she previously held from 2002 to 2013. From Janu ...
officially recognized "the injustice suffered by Ethel Rosenberg and her family" and designated September 28 as the "Ethel Rosenberg Day of Justice in the Borough of Manhattan."
Restrictions
In 1965, Governor Nelson Rockefeller
Nelson Aldrich Rockefeller (July 8, 1908 – January 26, 1979), sometimes referred to by his nickname Rocky, was an American businessman and politician who served as the 41st vice president of the United States from 1974 to 1977. A member of t ...
, a liberal Republican who supported capital punishment, signed legislation which abolished the death penalty except for cases involving the murder of a police officer.
''Furman v. Georgia''
In the July 1972 decision in ''Furman v. Georgia
''Furman v. Georgia'', 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court invalidated all then existing legal constructions for the death penalty in the United States. It was 5–4 decision, with each memb ...
'', the U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
struck down the existing death penalty procedures across the United States. The moratorium lasted until 1976 when the Court ruled in ''Gregg v. Georgia
''Gregg v. Georgia'', ''Proffitt v. Florida'', ''Jurek v. Texas'', ''Woodson v. North Carolina'', and ''Roberts v. Louisiana'', 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use ...
'' that states could resume capital punishment under reworked statutes.
Grasso extradition and execution
On January 11, 1995, convicted killer Thomas J. Grasso
Thomas Joseph Grasso (November 23, 1962 – March 20, 1995) was an American convicted murderer who was executed by the state of Oklahoma for the murder of 87-year-old Hilda Johnson, whom he strangled in Tulsa, Oklahoma, Tulsa in December 1990. He ...
, who had been sentenced to death by Oklahoma but was serving a sentence of 20 years to life in New York, was extradited from New York to Oklahoma to face execution. Grasso was transported to Buffalo Niagara International Airport
Buffalo Niagara International Airport is in Cheektowaga, New York. The airport serves Buffalo, New York and Niagara Falls, New York United States, and the southern Golden Horseshoe region of Ontario, Canada. It is the third-busiest airport in ...
and flown to Oklahoma. He was executed on March 20, 1995.
Efforts to reinstate the death penalty
Following the ruling of ''Gregg v. Georgia'', New York was one of the few states that did not immediately return the death penalty following the ruling. There was legislation to return the death penalty as a sanction that passed the Assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
and Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, but was vetoed
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto pow ...
by Democratic Governors
A governor is an politician, administrative leader and head of a polity or Region#Political_regions, political region, ranking under the Head of State, head of state and in some cases, such as governor-general, governors-general, as the head of ...
Hugh Carey
Hugh Leo Carey (April 11, 1919 – August 7, 2011) was an American politician and attorney. He was a seven-term U.S. representative from 1961 to 1974 and the 51st governor of New York from 1975 to 1982. He was a member of the Democratic Party. ...
and Mario Cuomo
Mario Matthew Cuomo (, ; June 15, 1932 – January 1, 2015) was an American lawyer and politician who served as the 52nd governor of New York for three terms, from 1983 to 1994. A member of the Democratic Party, Cuomo previously served as t ...
.
In the late 1980s, President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
designed an ad calling to bring back the death penalty in New York against the Central Park Five
Central is an adjective usually referring to being in the center of some place or (mathematical) object.
Central may also refer to:
Directions and generalised locations
* Central Africa, a region in the centre of Africa continent, also known as ...
which consists of four black men and one Hispanic male, who were coerced into making false confessions and were wrongly convicted of raping and attempted murder of a white female jogger at Central Park
Central Park is an urban park in New York City located between the Upper West Side, Upper West and Upper East Sides of Manhattan. It is the List of New York City parks, fifth-largest park in the city, covering . It is the most visited urban par ...
in 1989.
Capital punishment was reinstated in New York in 1995 when Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
Governor George Pataki signed a new statute into law, which provided for execution
Capital punishment, also known as the death penalty, is the State (polity), state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to ...
by lethal injection
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
. However, there were no executions when it was abolished in 2004 after the New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
declared the death penalty to be inadmissible under the constitution of New York.
In 1998, New York State allowed defendants who are guilty of murder that carries a sanction of death to plead guilty in a plea bargain
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
to receive life without parole and avoid the death penalty which could only be imposed after a criminal trial. Critics of this law argue it violates the defendant's fifth amendment right against self-incrimination
In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incrimination ...
. In 2001, the New York Court of Appeals declared the law unconstitutional citing that defendants could be coerced by law enforcement into pleading guilty for a murder they did not commit.
On June 24, 2004, the New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
, the state's highest court, held 4–3 in ''People v. LaValle
''People v. LaValle'', 3 N.Y.3d 88 (2004), was a landmark decision by the New York Court of Appeals, the highest court in the U.S. state of New York, in which the court ruled that the state's death penalty statute was unconstitutional because of ...
'' that the state's death penalty statute violated the New York Constitution
The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constituti ...
. Governor Pataki criticized the ruling and promised a quick legislative fix.
Between December 2004 and February 2005, public hearings were held in Manhattan
Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
and Albany. New York Law School
New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include E ...
Professor and death penalty advocate Robert Blecker advocated strongly in favor of reinstatement, while Manhattan District Attorney
The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County (Manhattan), New York. The office is responsible for the prosecution of violations of New York state laws ...
Robert M. Morgenthau
Robert Morris Morgenthau ( ; July 31, 1919July 21, 2019) was an American lawyer. From 1975 until his retirement in 2009, he was the District Attorney for New York County (the borough of Manhattan), having previously served as United States Atto ...
strongly opposed reinstatement.
In 2005, Assembly Republicans introduced legislation to revive the death penalty which failed to pass.
In 2007, the New York Court of Appeals heard arguments in ''People v. John Taylor'', and, in rejecting the arguments of the Queens District Attorney, commuted the sentence to life without parole, leaving New York with an empty death row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...
.
As of 2007, there have been no efforts to return the death penalty.
Political significance in Manhattan District Attorney elections
In the 2005 Democratic primary for Manhattan District Attorney, incumbent Robert Morgenthau's successful campaign produced television advertisements criticizing opponent Leslie Crocker Snyder
Leslie Crocker Snyder (born 1942) is an Americans, American lawyer and former judge, most notable for her challenge of Robert Morgenthau in the Democratic Party (United States), Democratic Party primary election, primary for the Manhattan Distri ...
, a prosecutor who had stated in her autobiography that in one case, she would have been willing to give a lethal injection to a defendant herself, saying Snyder was "Wrong on the Death Penalty, Wrong for Manhattan". ''The New York Times'' endorsed Snyder but expressed concern about her support for the death penalty. For the duration of Morgenthau's tenure as Manhattan District Attorney, he never once sought the death penalty in the period it was legal in New York.
In the 2009 Democratic primary in which Morgenthau did not run, Snyder ran for District Attorney again, against Cyrus Vance Jr.
Cyrus Roberts Vance Jr. (born June 14, 1954) is an American attorney and politician who served as the New York County District Attorney, District Attorney of Manhattan, New York County, New York (state), New York, also known as the Manhattan Dis ...
(who would win) and Richard Aborn
Richard Aborn (born September 2, 1952) is the president of the Citizens Crime Commission of New York City, a partner in the law firm Constantine Cannon, and the managing director of Constantine & Aborn Advisory Services (CAAS) where he works with ...
. Both opponents strongly opposed the death penalty, and criticized Snyder for her previous comments. Snyder accused Vance and Aborn of taking her comments out of context, and stated that her position on the death penalty had changed due to learning about wrongful conviction
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Inno ...
s. Aborn said he would oppose attempts to restore it, and would "lead the effort against any attempt to revive it".
Legislative efforts to reinstate the death penalty
In 2005, supporters of the death penalty in the New York Legislature
The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an official t ...
passed a bill restoring New York's death penalty in the Republican-controlled State Senate
A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 27 states, the legislature is simply called the ''Legislature'' or the ''State Legislature'', whil ...
, but the legislation was voted down by a legislative committee in the Democratic-controlled New York Assembly
The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits in the United ...
, and was not enacted into law.
In 2008, the State Senate again passed legislation that would have established the death penalty for the murder of law enforcement officer
A law enforcement officer (LEO), or peace officer in North American English, is a Public sector, public-sector employee whose duties primarily involve the Law enforcement, enforcement of laws. The phrase can include campaign disclosure specialist ...
s, but the Assembly did not act on the legislation.
Death row disestablished
In July 2008, Governor David Paterson
David Alexander Paterson (born May 20, 1954) is an American politician and attorney who served as the 55th governor of New York, succeeding Eliot Spitzer and serving out nearly three years of Spitzer's term from March 2008 to December 2010. A ...
issued an executive order requiring the disestablishment of death row and the closure of the state's execution chamber at Green Haven Correctional Facility.
Statute repeal effort
Even though the current death penalty statute was ruled unconstitutional and left null and unenforceable by the New York State Court of Appeals in 2004, the death penalty statute was never fully repealed from New York State law. On August 2, 2018, Governor Andrew Cuomo
Andrew Mark Cuomo ( ; ; born December 6, 1957) is an American lawyer and politician who served as the 56th governor of New York from 2011 to 2021. A member of the Democratic Party, he was elected to the same position that his father, Mario Cuo ...
announced that he was advancing legislation to remove the death penalty statute from New York State law.
See also
* List of people executed in New York
This list of people executed in New York gives the names of some of the people executed in New York, both before and after statehood in the United States (including as New Amsterdam), as well as the person's date of execution, method of execution ...
* New York State Electrician
New York State Electrician was a title given to the chief executioner of the State of New York during the use of the electric chair from 1890 to the state's last execution in 1963, although the final State Electrician, Dow Hover, remained on call ...
(executioner)
* Crime in New York
This article refers to the situation of crime in the U.S. state of New York (state), New York.
In 2012, there were 451,142 crimes reported in the state of New York, including 686 murders. In 2014, 409,386 crimes were reported in the state, inc ...
* Law of New York
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
* Capital punishment in the United States
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 s ...
Further reading
* Philip English Mackey. 1982. ''Hanging in the Balance: The Anti-Capital Punishment Movement in New York State, 1776–1861''. (New York: Garland)
References
External links
Videos of hearings
Timeline of New York's death penalty
{{CapPun-US
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
History of New York (state)
New York (state) law