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Death Row Research Paper

Death Penalty Abolishment On June 24th 2004 the Supreme Court of the State of New York determined that the state's jury instructions regarding the death penalty was unconstitutional; effectively abolishing the death penalty in New York. The specific case involved in this decision was the case of Stephan LaValle, who was "convicted of first degree murder and a jury sentenced him to death." ("People v LaValle") However, when his case was appealed to the New York Court of Appeals, LaValle argued that the deadlock instructions given to the jury were unconstitutional under the De Process Clauses of both the state and federal constitutions.

According to the state of New York's statute at the time, if a defendant was found guilty of first degree murder, the jury was then instructed to determine the...

Whatever the jury decided, the decision must be unanimous, and if they were unable to reach a unanimous decision, the court would automatically impose a life sentence, but with the eligibility for parole after 20-25 years. In effect, if the jury could not decide, then the court would impose a lighter sentence than the two choices given to the jury. The highest court in New York determined that a jury may be inclined to imposed the death sentence on a defendant just to ensure that they would not be released at sometime in the future, and this violated the constitutional rights of the defendant.
It was the case of Anthony Porter, a man sentenced to death and who came within 50 hours of his execution before the court decided to intervene. And watching from the governor's mansion in Springfield Illinois, Governor George Ryan turned to his wife and said "how the hell does that happen? How does an innocent man sit on death row for 15 years and gets no relief?" (Mills, 2011) It was at that very moment that…

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"Illinois." Death Penalty Information Center. Retrieved from http://www.deathpenaltyinfo.org/illinois-1

Retrieved from http://articles.chicagotribune.com/2011-03-10/news/ct-met-illinois-death-penalty-history20110309_1_death-penalty-death-row-death-sentences

"People v LaValle." (2005-2006). Tauro Law Review 21(30). Retrieved from http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/touro21&div=11&id=&page=
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