Capital punishment in Arkansas
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Capital punishment Capital punishment, also known as the death penalty, is the 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 conclude that t ...
is a legal penalty in the U.S. state of
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
. Since 1820, a total of 505 individuals have been executed. According to the
Arkansas Department of Correction The Arkansas Department of Corrections (DOC), formerly the Arkansas Department of Correction, is the state law enforcement agency that oversees inmates and operates state prisons within the U.S. state of Arkansas. DOC consists of two divisions, th ...
, as of January 16, 2019, a total of 29 men were under a sentence of death in the state.


History

All but four executions carried out before 1913 were by
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 ...
. Four
guerillas Guerrilla warfare is a form of irregular warfare in which small groups of combatants, such as paramilitary personnel, armed civilians, or irregulars, use military tactics including ambushes, sabotage, raids, petty warfare, hit-and-run tactic ...
were
shot Shot may refer to: Arts, entertainment, and media * ''Shot'' (album), by The Jesus Lizard *''Shot, Illusion, New God'', an EP by Gruntruck *'' Shot Rev 2.0'', a video album by The Sisters of Mercy * "Shot" (song), by The Rasmus * ''Shot'' (2017 f ...
on July 29, 1864. On July 25, 1902, seven men were hanged, the most executions in one day in the state. Almost all executions were for crimes that involved murder. A number of people were also executed for
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
and there was one execution for
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 ...
, 17-year-old alleged Confederate sp
David O. Dodd
hanged by Union soldiers on January 8, 1864. In 1913, the method used was changed to 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 electric chair was constructed from the wood that had previously made up the state
gallows A gallows (or scaffold) is a frame or elevated beam, typically wooden, from which objects can be suspended (i.e., hung) or "weighed". Gallows were thus widely used to suspend public weighing scales for large and heavy objects such as sacks ...
. This electric chair would be used for all electrocutions up until 1964. Four more people were hanged in the state — one in 1913, two in 1914 and one in 1930. The last execution in the state before ''
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 ...
'' was that of Charles Fields on January 24, 1964 for rape. New capital punishment laws were passed in Arkansas and came into force on March 23, 1973. The first execution would not come until June 18, 1990 when John Swindler was electrocuted. His was the first and only execution so far on the new electric chair constructed by the state in the 1970s. According to Michael L. Radelet of the
University of Colorado The University of Colorado (CU) is a system of public universities in Colorado. It consists of four institutions: University of Colorado Boulder, University of Colorado Colorado Springs, University of Colorado Denver, and the University of Co ...
there have been two instances of executions that did not go according to plan in Arkansas since ''Furman''. On January 24, 1992 the execution of
Ricky Ray Rector Ricky Ray Rector (January 12, 1950 – January 24, 1992) was an American convicted murderer who was executed for the 1981 murder of police officer Robert Martin in Conway, Arkansas. After killing a man in a restaurant and fleeing, Rector spent thr ...
was delayed by fifty minutes after the medical staff were unable to find a suitable vein in his arm. The curtain over the witness area was not drawn, and witnesses heard Rector moan loudly eight times. State officials attributed the difficulties to his size and use of antipsychotic medication. The execution of
Christina Marie Riggs Christina Marie Riggs (September 2, 1971 – May 2, 2000) was convicted of the November 1997 murders of her two children, Justin Dalton Thomas (age 5) and Shelby Alexis Riggs (age 2). Riggs was a licensed practical nurse, and she planned to kill t ...
faced similar delays on May 2, 2000, when staff were unable to locate a vein in her elbow. They eventually found one in her wrist. There have been at least three death penalty volunteers in Arkansas:
Ronald Gene Simmons Ronald Gene Simmons Sr. (July 15, 1940 – June 25, 1990) was an American mass murderer and spree killer who killed 16 people over a week-long period in Arkansas in 1987. A retired military serviceman, Simmons murdered fourteen members of his ...
,
Christina Marie Riggs Christina Marie Riggs (September 2, 1971 – May 2, 2000) was convicted of the November 1997 murders of her two children, Justin Dalton Thomas (age 5) and Shelby Alexis Riggs (age 2). Riggs was a licensed practical nurse, and she planned to kill t ...
, and
Clay King Smith Clay King Smith (July 25, 1970 – May 8, 2001) was an American mass murderer executed by the state of Arkansas for the March 25, 1998, murders of Misty Erwin (age 20), Shelley Sorg (24), Shelley's two children Sean Sorg (5) and Taylor Sorg (3), a ...
. In April 2017, the state planned to execute eight death row inmates before the stocks of the sedative
Midazolam Midazolam, sold under the brand name Versed among others, is a benzodiazepine medication used for anesthesia and procedural sedation, and to treat severe agitation. It works by inducing sleepiness, decreasing anxiety, and causing a loss of a ...
expired at the end of April, but ultimately just four of them were put to death that month. A federal judge initially issued an injunction preventing the executions, but the Arkansas Supreme court overturned the ruling and the
United States 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 ...
rejected a claim that the accelerated execution schedule was "cruel and unusual punishment." On April 20, at about 11:30 PM CST, they were allowed to proceed. At 11:56 PM CST, four minutes prior to the expiration of his execution warrant,
Ledell Lee Ledell Lee (July 31, 1965 – April 20, 2017) was an American man convicted and executed for the 1993 murder of his neighbor, Debra Reese. He was convicted in 1995, and the Arkansas Supreme Court affirmed the conviction in 1997, but numerous ques ...
was executed, making him the first inmate in Arkansas to be executed since 2005. On April 24,
Jack Harold Jones Jack Harold Jones Jr. (August 10, 1964 – April 24, 2017) was an American serial killer who murdered at least three women in Florida and Arkansas between 1983 and 1995. Convicted of two murders during his lifetime and executed in 2017, he was po ...
and Marcel Williams were executed, the first double execution in the United States in 17 years.


Legal process

When the prosecution seeks the death penalty, the sentence is decided by the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
and must be unanimous. In case of a
hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. ...
during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial). The
Governor of Arkansas 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 r ...
has the power of clemency with respect to death sentences. The governor receives for that purpose a non-binding report from the Arkansas Board of Pardons and Paroles. The method of execution is
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 ...
. If lethal injection is ever ruled unconstitutional,
electrocution Electrocution is death or severe injury caused by electric shock from electric current passing through the body. The word is derived from "electro" and "execution", but it is also used for accidental death. The term "electrocution" was coined ...
shall be used to replace it. Executions in Arkansas are currently performed at the
Cummins Unit The Cummins Unit (formerly known as Cummins State Farm) is an Arkansas Department of Corrections prison in unincorporated Lincoln County, Arkansas, United States, in the Arkansas Delta region. It is located along U.S. Route 65, near Grady, Gou ...
.


Capital crimes

The following are capital crimes in Arkansas: * Treason; and * Murder involving one of the following aggravating factors: #The murder was committed by an offender imprisoned as a result of a felony conviction. #The murder was committed by an offender escaped after being sentenced to imprisonment as a result of a felony conviction. #The offender previously committed another felony, an element of which was the use or threat of violence to another person or the creation of a substantial risk of death or serious physical injury to another person. #The offender in the commission of the capital murder knowingly created a great risk of death to a person other than the victim or caused the death of more than one person in the same criminal episode. #The murder was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody. #The murder was committed for pecuniary gain. #The murder was committed for the purpose of disrupting or hindering the lawful exercise of any government or political function. #The murder was committed in an especially cruel or depraved manner, that is, preceded by mental anguish, serious physical abuse, or
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
upon the victim prior to the murder. #The murder was committed by means of a destructive device, bomb, explosive, or similar device that the person planted, hid, or concealed in any place, area, dwelling, building, or structure, or mailed or delivered, or caused to be planted, hidden, concealed, mailed, or delivered, and the person knew that his or her act would create a great risk of death to human life. #The murder was committed against a person whom the defendant knew or reasonably should have known was especially vulnerable to the attack because: #*Of either a temporary or permanent severe physical or mental disability which would interfere with the victim's ability to flee or to defend himself or herself; or #* The victim was 12 years of age or younger.


Death row

Male death row inmates are located at the
Arkansas Department of Correction The Arkansas Department of Corrections (DOC), formerly the Arkansas Department of Correction, is the state law enforcement agency that oversees inmates and operates state prisons within the U.S. state of Arkansas. DOC consists of two divisions, th ...
Varner Unit The Varner Unit is a high-security state prison for men of the Arkansas Department of Correction in Varner, Choctaw Township, unincorporated Lincoln County, Arkansas, United States. It is located along U.S. Highway 65,
's Supermax, while the executions are performed at the
Cummins Unit The Cummins Unit (formerly known as Cummins State Farm) is an Arkansas Department of Corrections prison in unincorporated Lincoln County, Arkansas, United States, in the Arkansas Delta region. It is located along U.S. Route 65, near Grady, Gou ...
, adjacent to Varner. The female death row is located at the
McPherson Unit McPherson Unit is a prison for women of the Arkansas Department of Correction, located in Newport, Arkansas, off Arkansas Highway 384, east of central Newport. Established in 1998, the prison houses the state's death row for women.Haddigan, ...
. In 1999 the female death row was newly inaugurated. In 1974, male death row inmates previously at the Tucker Unit, were moved to the Cummins Unit.2006 Facts Brochure
." Arkansas Department of Correction. July 1, 2005 – June 30, 2006. 25 (25/38). Retrieved on August 15, 2010.
In 1986, male death row inmates were moved to the
Maximum Security Unit The Tucker Unit is a prison in Dudley Lake Township, unincorporated Jefferson County, Arkansas, northeast of Pine Bluff. It is operated by the Arkansas Department of Correction (ADC). Tucker is one of the state of Arkansas's "parent units" f ...
. On Friday August 22, 2003, all 39 Arkansas death row inmates, all of them male, were moved to the Supermax at the Varner Unit.Death Row On The Move

Archive
. ''
KAIT KAIT (channel 8) is a television station in Jonesboro, Arkansas, United States, affiliated with ABC, NBC, and The CW Plus. Owned by Gray Television, the station has studios on New Haven Church Road (County Road 766) north of Jonesboro, and i ...
''. August 26, 2003. Retrieved on August 15, 2010.


See also

*
List of people executed in Arkansas The following is a list of people executed by the U.S. state of Arkansas since 1976, when the Supreme Court reinstated the death penalty in the United States. 31 people have been executed in Arkansas since 1976: 30 males and 1 female ( Christina ...
* List of death row inmates in Arkansas * Crime in Arkansas *
Law of Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...


References


External links


Executions in Arkansas 1820–1964Post-Furman Botched Executions
from
Death Penalty Information Center The Death Penalty Information Center (DPIC) is a non-profit organization based in Washington, D.C., that focuses on disseminating studies and reports related to the death penalty. Founded in 1990, DPIC is primarily focused on the application of c ...

Death row inmates
from
Arkansas Department of Correction The Arkansas Department of Corrections (DOC), formerly the Arkansas Department of Correction, is the state law enforcement agency that oversees inmates and operates state prisons within the U.S. state of Arkansas. DOC consists of two divisions, th ...

Arkansas's Electric Chairs2007 Facts Brochure
''
Arkansas Department of Correction The Arkansas Department of Corrections (DOC), formerly the Arkansas Department of Correction, is the state law enforcement agency that oversees inmates and operates state prisons within the U.S. state of Arkansas. DOC consists of two divisions, th ...
''. Retrieved on 2007-11-13. {{CapPun-US
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
Arkansas law