The last walk: a geography of execution in the United States, 1786–1985

The last walk: a geography of execution in the United States, 1786–1985

Polit;cal Geogruphy. Vol. 14, No. 5, pp. 473-495, 1995 Coowieht 0 1995 Elsevier Science Ltd Printed in &eat Britain. All rights reserved O?W-6298/95 ...

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Polit;cal

Geogruphy. Vol. 14, No. 5, pp. 473-495, 1995 Coowieht 0 1995 Elsevier Science Ltd Printed in &eat Britain. All rights reserved O?W-6298/95 $10.00 + 0.00

The last walk: a geography of execution in the United States, I786 - 1985 ’

Department

qf Geography,

UniversiQ of Muryhnd, Baltimore 21228- 5.398. USA

AI~\TRA(T.Increases application

uneven

in violent

of capital

application,

offender

15 000 people

in scope

diminish application

over

in response

of capital

punishment,

rates

and

space.

capital

by eras; and

of capital

the

most

rates

serious

countries Five

between and

race

ot

near])

attitudes

toward

tended

to

toward

its

issues

and the historical

punishment:

of execution:

in terms

has

crimes.

broader

history,

punishment

executed

the relationship of capital

and

Public

are

geograph)

and

execution:

the relationship

kt\yeen

inter-state

MD

in part to its

of American

c,ivil authority.

and

of persons

in the geography

of homicide

application

under

time.

to only

here: the attributes

trends

time

in the

owing

in c‘onccrt with trend5 in developed

examined recent

interest issue

In the course

executed

evoh’ed

renewed

in both

characteristics.

have been

have

have

a controversial

historically.

and offense

execution

crime

punishment,

County, Bultimore,

variation

in the

punishment.

Introduction While

the use of execution

relnains

an

punishment practice.

has declined

outpost-the

only

as the ultimate

throughout

deterrent

While capital punishment

is not only

Iran, China or Nigeria (Economist,

the

of decades

while

themselves from the practice. In Canada, where 230 offenses effect

in the

19th century,

of the First World,

belief alive,

in

the

utility

other

but is also frequently

19891, it has enjoyed

developed

had been

the most

recent

nations

punishable execution

have

by death was

under

British

in 1062, and

was abolished

in 1976. In 1987, amidst

calls for the reinstitution

as a deterrent,

the Canadian

voted

Parliament

death penalty (Gendreau, 1988). Pro-capital punishment Parliament in Britain have been unable to forge a majority elected;

once

use of a pro-capital

law in

civil capital of capital

148 to 127 not to restore

the

Conservative Members of due in I~art to the mellowing

punishment

in office they tend to change

in

to distance

punishment

to get candidates

capital put into

a renaissance

tended

punishment

of older MPs and the apparent

the USA of

is not used in the IJSA on the scale that it is employed

in, for example, last couple

most

democracy-where

position

merely

to an anti-hanging

as a ploy position

(Ecommi.st, Ilnion.

1988). Another recent development was that, with the break-up of the Soviet several former Soviet territories eliminated the death penalty (Harries, 19923).

Although

a complete

(1968 to 1976) bridging

hiatus

in capital

the Supreme

punishment Court’s

in the IJSA occurred

for nine years

Furmarz V. Georgia (40X 1J.S. 23X, 1972)

474

7;be last walk: a geography of execution in the United States, 1786-1985

decision

suspending

capital punishment

in 1972, recent

use, with some 226 executions between the Supreme Court), and 1993. Between the pace then picked

up markedly,

1991: 10; Biskupic, rate of execution capital

1976-90

(about

number

Statistics,

under

the

significant process

between

issues

is evidence

twice

the annual

three

rate for the

1989 and 31 December by 5 percent

of a certain

DC) without

‘social

and

and precedents

and the public are examined

geography

states,

in the geography

residual

context

1990, the

(F@&-e 1; Bureau

of

political

ambivalence,

statutes

on the books,

2). IJnderlying

cultures’

of the

exemplifies

in respect

vacillation

punishment,

the relationship examination

between of trends

for representative are reviewed,

The long appeals 1989).

of persons

executed

titne

race and execution for several periods.”

including

I III FIC;~IW1. State executions

is

of the topThird,

recent

the influence

Status of Death Penalty, 199 I

of

by eras, from the late 18th century

Second,

punishment

pace

are just as

on the part of both

of this issue (Kamen, First, the attributes

the

states

in the role of determinants.

through

and 17s maps of capital

(Figure

political

in this article.

of capital

are reviewed.

in a geographic execution

an annual

that of the preceding

the 37 states with capital punishment that

as legal traditions

until the mid-1980s ranking

23 prisoners,

and the actual low rate of executions

and the historical

trends

digits (Greenfield,

represented

trivial. In 1990, 11 of the 36 states

of death increased

Washington,

is the concept

the legal establishment

viewed

sentence

the USA there

15 (including

Five broad

one quarter

by but

1991).

Yet, even within and

executed

1976-90

by 1993 the total was up to 3X. Between

given the dichotomy executions

statutes

have seen a revival in its

years in double

it was still far from quantitatively

of prisoners

Justice

10 per year) only about

punishment

period;

with all subsequent

1994). While the total in the period

and a half centuries,’ with

decades

1976’ (when the death penalty was reinstated 1976 and 1983 only 11 executions occurred,

Executions (11) Death penalty, no executions (25) No death penalty as of 12-31-90 (15)

in 1090 and status of the death penalty. Source: C;reenfeld (lc)c)l)

of

KEITH HAKKIFS

region,

political

of the

relationship

consideration

factors

and geographic

between

of the apparent

inter-state

variation

DC-Virginia

Data sources

and method

research

was

implications

of homicide

deterrent

is examined

Washington,

This

rates

475

effect,

in the

from opinion and

rates

polls. Fourth,

of execution

if any, of capital

context

of a case

the issue

permits

punishment.5

study

of the

some Finally,

Maryland-

region.

made

possible

by the availability

of a comprehensive

databdse-

known as the Espy File-of executions in the USA from the 1608 shooting in Jamestown of the mutinous Captain George Kendall, to mid-1987. M. Watt Espy. beginning work at his home

in Headland,

executions

known

neu’spapers.

Alabama,

to date.

microfilmed

it is recognized

records,

that some

undiscovered,

and some

relatively

recent

Louisiana

and Mississippi

data

file was ultimately

Political

years

such

transferred

of the

from

confirmed

as those

carried

owing

intentionally

to the

lack

Stuti.stics qfthe

censuses

for its component

states.

to each census; to the

as

updated

(Rand,

in 1977 for for

and Smykta,

excludes

(used

data

in the

the first 178 for rate

specific

rates. Hence

beginning

specific

for the

for the years 1800 Census,

spans

ICPSR

Stutes, 1790

(US Bureau

were

drawn

in 1790 provided

of this analysis,

of execution

the study period

from another

of Population

to the population

thus executions

for the clustering

decades:

data drawn

of the

from

Vitul

1992).

and so on. Thus each of 20 censuses,

mid-point

the basis

for the nation a decade

for the

as a whole

of execution

I786 to 1795 were aggregated executions

and

for 1796 to 1805 were

1790 to 1980, becatne

an approximatr

data and the calculation

the earliest

and

data was

of population-

and latest bounds

of these

data

1786 and 1985.

The data thub derived materials

in The

Consortium

and Social D&i: 7%~ likted

in part of the analysis

For the purpose

1790 Census:

temporal aggregation

Center (Espy

of census

with census

Economic.

of population

of rates of execution

accumulated.

chairs

13 329 are included

and necessarily

of availability

rates employed

1Juited Stutq

The decennial

assigned

electric

Law

of Michigan

of which

remain

for accurately.

the Inter-university

14 570 executions,

which

frame

data. Even some

portable

of Alabama

through

with data from the 1980 Census

1984). Homicide

attached

part of the time

However,

until 1790.”

lo 1070, in combination

calculation

other archives.

out with

file on

of corrections,

with incomplete

(ICPSR) at the Iiniversity

Historical. Dernogruphic,

Census,

the earlier

were

Data from the Espy File are interfaced resource:

the most complete

state departments

and various

to the University

file included

record

histories

and distribution

part of this paper,

c.alculations)

by hand

from

in the 1940s and ‘50s. may not be accounted

Research

1987). The complete analytical

executions

updating

and Social

gathered

county

executions

executions,

computerization,

in 1970, compiled

Data were

were

for the interpretations

then

used

to assemble

charts

and tnaps

forming

the mw

that follow.

An overview of execution

&sic

attributes r?f’persons executed

Several

characteristics

population from

which

of the 13 329 subjects

was overwhelmingly some

23 percent

of this analysis

male (97.4 percent) of all offenders

were

demand

with a modal drawn,

comment. age cohort

followed

First, the of 20-29,

by the 30-39

age

The last walk: a geography of execution in the United States, 1786-1985

476

(12.7 percent).

group

unknown

However,

with sufficient

heavily

over-represented

nearly

half,

with

occupational percent

in the record.

making

of those

not be)

offenders,

51 percent

to be included

with respect

whites

structure

could

convicted

the age of almost

precision

was

to their proportion

up

for whom

heavily

or those

biased

accounted

for 5.3 percent

percent,

and were

the largest

single

crimes

for which

are murder,

accounting

most

prevalent

percent).

If burglary-murder

classification,

it accounts

lower

of convict,

executed.

‘occupation’

other status

constituting

10 percent.

However,

The

(and over 52

employment.

escaped

convict,

Indeed,

ex-convict

or

slaves made up nearly

have

occurred

for over 60 percent,

for 82.3 percent

was were

10

group.’

executions

and rape-murder

races

could be determined

toward

of those

enumerated

African-Americans

of the population,

and

occupation

with the status

parolee,

Of the 39 specific

40 percent

of those

are included

of documented

since

1608, by far the

and robbery-murder to create

a generic

(18.2 murder

executions.

National patterns According

to Schneider

presented

by the Espy File may be divided

and Smykla (19911, the profile

(1880-1930),

Peak

general

was upward,

period

trend

(193Os),

and Decline although

of Stability was also marked However,

(since

increase.

maxima

executions)

and 1905 (156). In the Peak period,

TOTAL

COUNT

were

frequency

Growth

fluctuation

by major variation,

of marked

KiW

1940). During

considerable

new

of the

into four eras:

the Growth is evident

but the overall reached,

executions

of executions

(to 1879), Stability the

2). The

trend was not one

notably

reached

period,

(Fi@re in

1902

their all-time

(147

high in

PEAK, 1930-1939

= 14,570

200 190 180 170

DECLINE, 1940-

160 150 140 130 120 110

1

100 90

GROWTH,

80

1608-1879

70 60 50 40 30 20 10 0 1600

1700

1800

1900

YEAR FKIIKF 2.

Annual execution

frequencies,

USA. 1608--1c)8i. So~rcc? Espy and Smykla

(lc)87)

477

KEITH HARRIES

the USA in 1935-36, with 197 and 196 incidents, frequent, never

with over 100 in all years except

again

approached

100. In terms

has had the most executions pattern

broadly

execution

has three

levels

of shading

mean of all counties

with executions;

mean),

and (3) counties

period

of 271 years including

Hence

the pattern

Pennsylvania

by county,

representing,

without

shows

of murder

(Harries,

cartographically

quite region

1991: 9). a

1988; 1992a). in a set of four

maps

by era (Figures .3-O. Each choropleth

map

(2) other counties

executions.

particularly

and Smykla,

for each era: (1) levels

the colonial

and Virginia notable

remained

the South census

1800 (Schnyder

is represented

frequencies

Executions

distribution,

since

with the geography

of execution

depicting

of regional

in all decades

coincident

The geography

respectively.

1950 (83) until 1951; after that year, the total

with executions

The Growth period

heavy

of execution

above

the

(at or below

the

Era (Figure 3) encompasses

a

and the first 103 years of the republic.

concentrations

for the extent

in the colonial

of contiguous

counties

region,

above

with

the mean

for the era. The half century extensive and

constituting

geographic

accompanying

developed. capital

punishment

would

come

The Peak counties

Carolinas,

were

did not become

punishment

was widely

now

more

by the most era

settlement and

fully

a state until 1907 and therefore

first

in the Stability

accepted

to the earlier

extensive

Era map (Figure 4). Furthermore,

and not subject

to the Legal challenges

that

later. Em

(1930-39)

with executions

in thtl period stronger

institutions

Oklahoma

of capital

is characterized

of the four eras, In relation

governmental

For example,

sh0m.s evidence

the Stability Era (1880-1929)

coverage

suggests

(Figure _9.’ The Decline

southern Florida.

a heavily

and those counties

southern

above

Era map (Figwe

bias with

extensive

blocks

Georgia,

Atahamd.

Louisiana,

emphasis

in relation

the mean for counties

0 is similar, but suggests

of contiguous Mississippi

execution and Texas.

to both

with executions counties Thus

an even in the there

is

The last walk: a geography of execution in the United States, 17861985

478

FIG~W 4. Execution frequencies

some evidence region, crude

to suggest

mirroring dichotomy

predominantly

that the South has emerged

its demonstrated emerges,

southern,

with at least 75 executions

by LIS counties, Stability Era, 1880-1930

with

smaller overall

prominence large

cities

population were

in the 20th century

as a high homicide on one

centers

hand

relatively

anomalous,

on the other. Nine of the 17 counties

in the South (Tuhle

FIGURE5. Execution frequencies

and

as an execution

area. Historically,

1).

by US counties, Peak Era. 1930s

a

KEITH HARRIES

Fr(;r,w 6. Execution

frequencies

Uohm (1991: 136) has noted time arc best explained

look to so&i to assist between Grobdl

events

the Revolution

and

I>ecline

in aggregate

If opinion

in concert

an understanding

Era, was characterized

New York I’cnnsylvmia Illinois ~Massachllsetrs South Carolina Louisiana New York Washington. DC Georgia California Pennsylvania Alabama Arkansas California Texas Maryland Kentucky

that ‘variations

by social events’.

or social events

in developing

hy YS cwmtiea.

conflict

Kings Washington, DC Fulton Los Angeles Allegheny .Jefferson Sebastian San Francisco

1Iarris Mtirnore Jefferson

City

penalty

opinions

over

one may

contemporary

idedogies,

punishment.

The period

roughly

over capital

New York Philadelphia Cook Suffolk Charleston Orleans

1940)

thus influenced,

in capital

the Civil War, for example. by constant

death

is indeed

with dominant

of trends

Era (since

coincident

punishment.

with

the

Beccaria’s

480

The last walk: a geography of execution in the United State.5,1786 198~5

An Essay on Crimes and Punishments deterrence,

but also arguing

deterrence

model

had met with

capital punishment of the

of executions

middle

Garfield

class

as provoking

a public

attempting

raw

frequencies

below,

demand

discussion

unemployed

in 1931, and sharp

of Fascism.

wave

Monq

in the

he wrote

the switch’.

(See

period

decade

capital

punishment, an exercise

in

are represented

‘Homicide

and

by

execution’,

(if not rate) peak in the 193Os? Drawing With

I6 percent

in marriage,

could

in Simon,

and an increase

birth

be seen

statutes

events

strikes,

system‘

as the

punishment

and the gradual

force

it was a

and in Europe

(Simon.

‘control’

the

1967), and the response

of the

in ?“be Big

this connection

(1920-33)

overlapped

history

as Furman

of capital

in part as

punishment

v. Georgia followed

escalation

of executions

to

with the

could be interpreted

The recent

such

labor

rates,

[sic1 and hired the executioner

that Prohibition

in capital

of the

and divorce

1967: 88) implied

gang violence.

with landmark

of capital

and

could be seen

is generally

the New Deal, numerous

also he noted

to the associated

of Lincoln

executions

under

‘they have built the electricchair

It should

Depression

formulation

declines

(cited

a response

less speculative,

including

over whether

is unavoidable.

including

Dos Passes

when

throw

to single events

rates.

for was

of the sensibilities

assassinations

It was ‘a major crisis of the capitalist

of executions

establishment.

as a reflection

as the

responses,

their numerical

Depression

of social turmoil,

rationales

of style, if not substance,

in execution confusion

manifest

to the

decade

such

of the

of this point.)

connections

shadow

by 1820 and alternative development

for tougher

or population-adjusted

Why did executions

the role

Initially accepted,

Huey Long, and John and Robert Kennedy

by possible

for further

advocating

was ineffectual.

in the 183Os, interpreted

to link upticks

futility, compounded

A parallel

1989). Events

(Masur,

or, in the 20th century,

though

penalty

disillusionment

were necessary.

the privatization

(18011 was influential,

that the death

is

by the re-

as an inevitable

consequence.

Execution,

race and execution

The upper

left panel

blacks

and

whites

measure.’

This

individual

states.

compared

7 were While

of Figure 7 shows since

provides

the first census

a template

against

In combination

with

the US race-specific

1790, when

in terms of time, space those

Pennsylvania show

eras

the largest

with

which

to compare

the

of executions:

rates

Georgia,

of

can be in Figure

for inclusion

California,

of

of this

experiences

Figures 3, 4, 5 and 6, execution

and race. The five states selected number

rate experience

the calculation

New

York,

and Virginia.

detailed

analysis

that rates for whites

of each profile tended

is beyond

the scope

to be consistently

early, around

1800, and then again around

southern

states,

are quite

striking;

Georgia

relatively probably

recently while Virginia’s peaks associated with the penchant,

saw

of this paper,

low, particularly

contrast, rates for blacks were erratic, hut on average whites. While black rates were much more erratic peaked

execution

enabled

the charts”’

after about

1800. In

several times higher than those for than white, in several cases they

1900. Differences its highest

rates

between of black

states, even execution

occurred mostly before 1860, a phenomenon in Virginia, for the execution of escaped

slaves.

Figures 8-11 put black and decades, 1876-85 and 1926-35, straddling the Stability and Peak 1880 Census data; the later maps

total execution rates in a geographic context in two the former representative of the Growth era, the latter periods. The maps for the earlier decade are based on use a 1930 base. Rates in all four maps are expressed in

KI-ITHHAKHIES

481

United States

California

2

7 6 5 4 3 2 1

1.5 1 0.5

P

P

1860 1880 1900

1800182018401860188019001920194019601980

1920

Georgia

1960

1980

New York

ir

1800 1820184018601880190019201940 19601980

1800182018401860188019001920194019601980

Year

Yea

Pennsylvania

Virginia 3

IIr

4*

1940

Y&Z

YCU

2.5

f’

2

1.5

1 0.5 7 1800 1820 1840 1860 1880 1900 1920 1940 1960 1980

1800 1820 1840 1860 1880 1900 1920 1940 1960 1980 Year

FIGIVIE7. Race

adjusted

execution Key:

hh/e:

Year

(vertical

scales axis)

(horizontal

axis)

Source.

vary.

+

are

rates

per

white,

+

standardized

Figuxs

standard

deviation

units, with a mean

of Figures .3-5, Figures &ll

southern

or eastern

execution

rate maps

emphasis. for both

L’SA ancl selected

with

the

anti

exception

of 0.0 and a standard

decades.

While

of California.

Rate

(1$X37) (executions);

Smykla

scale5 ICPSR

clata).

are somewhat

Most striking,

states.

black.

7-l 7: Espy (demographic

context

10 000.

deviation

surprising

perhaps,

is the western

explanation

of 1.0. Seen in the

in their western focus

is necessarily

rather than of the black

speculative,

it

should be noted that the states with exceptionally high rates were sparsely populated; a few executions of minority group persons would produce extremely high populationspecific

rates.

This observation subject

to

executions

minorities discrimination

in the

begs

the question

in the first place West

and perhaps

were

of why

conspicuous

persecution.

such

and one

a tiny population

is reduced

and

This finding

more

likely

of higher

group

to the surmise to

western

be

the

wouId

be

that racial objects

rates is consistent

of

482

The last walk: a geogruphy of execution in the United State.s, 17861985

Il.O-4.7 m 0.22 - 0.85 -0.73 - -0.05 FKXXF 8. Execution

rates as Z-scorca,

c] c]

FICXW 9. Execution

rates as Z-scores,

1876-1885.

total population,

I 2.71 - 2.79 I 0.79 - 1.08 m-o.50 - -0.20 African-American

No executions No data

0 0

No executions No data

population,

1876-1885

-0.73 - -0.05

-1.0-4.7 I

FKXU~I IO. Execution

r;ites as Z-scores. tot:il popul:uion.

No executions 19X-lY)35

Execution Rates as 2 Scores Black Population, 1926 -1935 m 1.OO- 4.36 1-0.51 - -0.22 m 0.07 - 0.53 0 No executions

,

FIGIXF 11. Execution

El

0.22 - 0.85

rates as %-scores,

African-AmeCcan

population.

1()26-1935

Thelast walk: a geography of execution in the United States, 17861985

484

with Bohm (1991) quoted been

among

Recent

trends through

crime.

polls show

the death

that westerners

have

penalty.

emergence

of the

urban

as the greatest

of violent predatory

crime

confronting

tourists

recorded

constituents

as ‘desperately

enormity

neighborhoods,

more

measures

high-security

fences

into adjacent

neighborhoods.

renewed

Anecdotal

and car-jacking

of firearms,

of rapists.

that violent

it has become

1208 homicides

police,

terms

and

task forces, highway

From among

for the

stringent guard

prisons,

gun control

the advocates

their

application

presence

such

in various

and even

from straying

measures

penalty,

of

in certain

special-purpose forms,

miscreants

of control

of the death

of their

1994: A3).

rest stops to prevent

activation

described

crime is not only eroding

a national more

were became

the execution

law rnakers

.’ (Booth,

pressures

armed

1992), victim-

given to the latter is

laws included The

the

of new

publicized

violence;

For example,

that proposed

generated

prison

at inter-state

to cast

mentioned

(e.g. Wilgoren,

by heavily

area. The attention

the state’s economy

as anti-drug

relatively

have come little used

v. Georgia. evidence

from newspaper

shows,

casual

support

of capital punishment

hope or belief retribution.”

Southern

pressure

availability

given to ‘indigenous’

castration

calls for a broader-based

Furman

in the IJSA,

renewed

in Miami) in 1992 (FBI. 1993). Florida legislators

and better

mandatory

ameliorative

turf battles

1992), and the evolution

as exemplified

of violence

the

its concomitant

greater

non-newsworthy.

of the problem

measures:

toward

afraid’ and ‘worried

but threatening

lifestyles The

and

almost

in part to

crime re-escalated

that crime is most frequently

shooting

lack of attention

about the impact murderers

a level

was attributable

came under

(e.g. Thomas,

at tourists

as to be relatively

14-year-old

with

level in declined

the USA.

firearms

in Florida (128 of these

so concerned

makers

in the Miami, Florida,

ironic in light of the relative so commonplace

culture

by the trend

aimed

in 1986, reaching

As lethal violent

such as drive-by

attacks

of foreign

cocaine

polls indicate

was exacerbated of those

again

its highest

This rate then

1992). This increase

and policy

Public opinion

level of lethality

‘control’

per 100 000 persons.

weaponry.

increased

problem

The situation

izations

crack

in light of contemporary

rate in the USA reached

to start upward

with more effective

about for solutions.

forms

10 incidents

198Os, only

apprehension

higher

1976 can be reviewed

by 1990, to that of 1980 (Rand,

conducted public

since

In 1980, the homicide

exceeding

the early

equivalent,

since

that have supported

rate of execution

in violent

the 20th century,

and

groups

trends

The increased

the

irzfrato the effect that Gallup

population

conversations that capital

and

editorials,

public

suggest punishment

letters

opinion

polls

that widespread will deter

to the editor, which

radio and TV talk

probe

fear of violent

or at least provide

reasons

for

crime promotes

the

the

the satisfaction

of

emphasis

While some states, notably Texas and Virginia (Pressley, 1992), have begun to execute residents of death rows as appeals processes run their course, use of the death penalty in the USA in recent decades has not only been quite limited, but has also tended to exhibit a southern emphasis in terms of number (and rate) of executions and of persons convicted to die. Eight of 11 states that executed people in 1990 were southern” (Figure

KEITH

2). Of the 23 persons were

executed

also over-represented

executed

had grown

based

of prisoners

on death

on a South region

were

sentenced

rows in 1990 were

1990). yet on a per capita

(Bureau

485

in 1990, 17 (74 percent)

in terms

to 38, with 28 (still 74 percent)

of the 2356 prisoners Statistics,

HAKRIES

1985 as a representative

have a larger proportion

of homicides

than its population

total; FIG. 1986). but both

still disproportionately

Various

hypotheses,

cultural typical

arguments

see the South

societies.

from those

Kecent

of ;I more

greater

renaissance

of capital

the LJS Senate

federal

courts

punishment.

the power

was supported

the death penalty

‘Fairness

in Death

Sentences

based

1976 was of a white

version

as ‘even

chaos‘

(Anonymous.

Columbia

worse’,

capital’

penalty,

23 capital

easily giving

offenses

that

1991). This action

in

like the Senate

a provision,

known

as the

challenges

to death

of racial discrimination

in certain

out that only one of the 144 executions

the House

that ‘would

1991).

bill as ‘outrageous’

throw

the federal the designation

of the USA led Mayor Sharon homicides

and the Senate

judicial

system

into

of the District

of

Pratt Dixon’ ’ to suggest

was an idea that ‘merits study’

1991a, 1991b).

Symptomatic

of the fear of crime in general.

of anti-crime

being

given

Although

as ‘anti-crime’ death

allowed

a black (Isikoff,

for drug-related

about

may result in a general

bill authorizing,

have

1991: A26). Also in Washington,

as the ‘murder

round

permanently

pointed

described

1990.)

(Dewar,

It also eliminated

(in

see Harries,

to ‘do something’

embracing

would

ownership

historically

the federal

defects’

a different

differing

a hill characterized

the existence

measure

a measure

that revival of the death penalty (Ragland.

Act’, that

for murdering

Post editorial

on politicians

anti-crime

for over 50 crimes.

Sentencing

emphasis.

to pathologies

firearms

re\%v.

have reinstated

House

by a later

prone

practices

crisis proportions,

to ‘procedural

and (b)

southern

region honor,

literature

it for 51 crimes,

owing

of the fairness

A Wkshiqton

of the

in the South

the South as having

on personal

For example,

on data demonstrating

states. Supporters

(43 percent

(a) economic. this

poor

views

and pressure

to impose

the Senate

explain

and child-rearing

in 1991; it would

had been excluded

since

emphasis

(For an extended

previollsly version,

perspective

by many to have reached

passed

to

as an historically

in the 17s Congress

perceived

predict

row populations

emphasizing

advanced

rural society).

of the non-South.

initiatives

violence,

year. the South did indeed

would

and death

into those

been

The cultural

way of life. with relatively part :I product

executions

divided

have

of poor

expected.

large. I3

broadly

interpretations,

Economic

of Justice

have been

of some H5.4 million out of a ITS total of 248.7 million

1992). lising

were

would

which

Some 58.1 percent

in the South (Bureau

of the Census,

national

states,

By 1993, the total

from the South. found

basis only 34.3 percent

population

in southern

to death.

initiatives

to a controversial felons most

with three rhetoric

that appeared ‘three (federal)

in recent

strikes

and of violence

in particular,

was another

in Congress

in 1994, with

most

and

out’ provision

to incarcerate

you’re

attention

convictions. years

has come

from

death

penalty

proponents,

retired Supreme Court Justice Harry Blackmun stirred controversy in 1994 with his highly publicized declaration of his position in opposition to execution (Biskupic, 1994; see also Will, 1994, in response Personal victimized.

to Blackmun).

experiences of politicians came into play as they or those close to them were In the most influential case, Tom IJarnes, an aide to Alabama Senator Richard

486

of execution in

The last walk: a geography

Shelby,

was

introduce

murdered

legislation

the restoration

of execution

1992, the Shelby Columbia.

in Washington, providing

This move passed

1992, generating

sharp

1992b). As written broadest

opposition

degree

homicide

young

compared

would

of homicide,

an attempted

in the law.

polls

Another

indicator

found

in opinion

Bohm

(1991:

Ultimately,

at the November

of changes

in the attitude

poll data. In a detailed

135) noted

the greatest

the measure

1992 general

that race,

differences

was

of mostly

in recent

years

as

man that led to

easily

toward

of Gallup

socio-economic

thousands white

many

any first-

rejected

by the

election.

of the public

analysis

as ‘one of the

essentially

connected

1992a,

it contained

of Columbia

of one politically

(Jenkins,

was described

1992). Although

of

on 24 September

leaders

elsewhere;

in the District

1992). In late

in DC’s appropria-

In its breadth,

statutes

(Harriston,

had died

it was the death

DC voters

Opinion

showed

males

change

Washington,

the measure juveniles.

to

including

in the District

of Representatives

and religious

with capital

be eligible

African-American

victims

in the House

1992 ballot,

punishment

of this requirement

from political

the senator

in the District,

in 196215 (Shelby,

on capital

and did not exclude

of eligibility

1992, prompting

for murder

abolished

the incorporation

for the 3 November

more criteria

had been

by a 2-1 margin

in the country’

penalties’

led to a referendum

followed

tions bill, which

DC in January

for ‘tougher which

initiative

the United States, 1786 1985

capital

punishment

Polls between

status,

gender,

is

1936 and 1986,

politics

and

region

over the 50 year period:

whites, wealthier people, males, Republicans, and Westerners have tended to support the death penalty more than blacks. poorer people, females, Democrat&and Sourherners. A longitudinal showed

comparison

a decline

from about

60-65

percent

to about

80 percent

indicated

high approval

199-201).

In general,

changes

of Gallup

Polls taken at intervals

in the proportion to about

approval

40 percent.

(74 percent)

changes

homicide

until about

Figure

encourages

punishment

is to some

extent

over the period

penalty

between

This was followed Poll data approval declined

1980 (Bureau

by a fairly steady and

correlated

of Justice

Fbdmdgan,

quite

Statistics,

that public

reaction

rise

1990 similarly closely

from the mid-1930s

the conclusion

an understandable

1936 to 1988 1936 and 1966

for 1989 and

for both years (Maguire

in public

rate which

1960s and then rose sharply 3). This relationship

the death

by 1988. Roper

ratings these

in the national

favoring

1991: with

to the mid1988; see also

approval

to fear of violent

of capital crime.

Given the high level of approval of capital punishment by the public at large and their political representatives (presidential candidates Bush and Clinton both supported capital punishment developed geographic extraordinary

in their 1992 campaigns), countries

with

regard

and the discontinuity

to this question,

between

it is appropriate

perspective. This viewpoint has the capacity degree of place-to-place variation in execution,

the USA and other to put the issue

to convey a problem

in

a sense of the that continues to

be an intensely controversial topic in the policy arena. Ultimately, this place-to-place variation is the expression of not only inter-state differences in laws, but also inter-state (and intra-state) applications of those laws. Such variations imply abrogation of the doctrine of equal effect that people

protection under the law, notwithstanding the often heard who commit capital offenses are ‘taking their chances’.

view to the

487

KEITH HARRIES

The eq@-ience As noted

since Espy

elsewhere,

Between

the last recorded

execution

in the Espy File was on 6 July

that date and 27 April 1994, 154 executions

of approximately

seven years, 79 percent

Economist (1985) could note in respect nation’s

undisputed

execution (since

between

South

non-South

extended

to method

its executions,

lethal injection choice

and the gas chamber The trend one might rise from

(17) followed.

The contrast

punishment

also

chair for about

half of

lethal injection

chair and hanging

were

was the

used

once,

on four occasions. executions

in light of public

clear whether

1980s had flattened

that Florida was ‘the any other jurisdiction

of capital

for the other half. In the non-South, but the electric

1987.

12). In this period

in the South. While 7%e

with the South using the electric

of 1994 (9) suggested

by no means fine-tuned

of application

is not the consistently

opinion

out, or whether

their

capital

1 No Executions in period

(4)

statutes

only

no record-breaking

the trend

that on average a flood

to reduce

upward

and fear of violence.

11 in 1988 to 38 in 1993, 1991 recorded

four months

occurred

capital punishment

(18) and Florida

in terms

(81 percent),

in very recent expect

1987). Virginia

of execution

overwhelming

of those events of recent

leader’, Texas was later to far outstrip

with its 51 executions and

took place (Figure

While

increase. had been

trend

upward

would

soon

since occur

error,

did

in the first

As of mid-1994,

of technical

that

executions

14 and the number

of executions

the chances

linear

it was the late as states

and appeals

ran out

0

I:~c;mt

12. Executions,

(31) 8 July

1987 to 27 April 27 l’$M. Sorrr-CC:National l)ath Ikdty.

Coalition

to Ahdish

the

488

The lust walk: a geography of execution in the United States, 17XG1985

Homicide

and execution

Figure 2-3shows States between standard

trends

in population-based

1900 and

deviation

1985, expressed

1.1 in 1903 (minimum) (several

regarded

and

0.19/100000,

as the situation

around

1902-03.

that would rates,”

the execution

some 3300 executions, history

in one 0.05/100

execution

200 executions,

Prudence

or about

comparable

wo~11d

to the count

is in order

and standard dictate

of parity. for Figure

to provide

a sense

to this came early

one-sixth

deviations;

of the homicide

the

in

mean

In contemporary in the peak years cwves

century

rate. Given that

execution

terms,

equate

to

in LJS

rate has ken

year, when this would

the rate of mean

some

of the 1930s.

have been

of how rates have varied

the ‘real’ rates. as noted

be

At that time,

as have ever occurred

by 1950, an average

that each curve is interpreted

could

to have the

in the 199Os, this would

representative

73. The

parity were

rates were maximized.

annually

about

rate range was between

theoretical

17 times as many executions the more

1 percent

units in order

own means

rate was about

= 0.0 and

rates per 100 000 of

and executions

approach

and execution

000. This was exemplified

A note of caution deviation

the closest

mean

1.3, is between

of homicide

The execution

arise if homicides

can be expected

year. However,

was about

in terms

rates for the United with

in Figure

in 1902. If crude

rates were minimized

more than 20 000 homicides

around

as scaled

to 10.7 in 1980 (maximum).

years)

homicide

(Z) scores

to an actual range

Same population-adjusted when

and execution

= 1.0.” The range of values,

2.0 and -2.5, corresponding zero

homicide as standard

above,

resealed

in standard

with regard

to their

differ substantially.

only in terms of trend

(up

or down)

MEAN

-

Homicide Rate

-

1900

1910

1920

Execution Rate

1930

1940

1950

1960

1970

1960

Year FKXIKB13. Homicide and execution rates, USA, 1900-1985. Sources: Espy and Smykla (1987) (executions); National Center for Health Statistics, Vi&l Statistics of the United States (annual) (homicides); ICPSR (demographic data).

KFITH HARHIES

489

and in respect of its mean and variation. All that the two series have in common is that their means are both 0.0 and their standard deviations are 1.0 on the Figure 13 scale.

Theoretically, homicides varies

the

execution

greatly

the period

when

homicide

to rise while executions while

both

(1940-60).

rates downward,

years,

homicide(s)

were

curve

insofar

The production between

rising together

as

function

the rates only in 1920 to 1940)

(about

1900 and 1920 rates were converging-execution Between

1960 and 1980. homicide However,

rates tended

homicide

rates also fell

hiatus was still operative. pattern

demands

that one take into account

about seven

execution(s)

the average

years. At least in the more recent

this lag into any analysis,

so that

homicide

in trends

either

more or less suspended.

to execution:

one sho~~ltl incorporate

of the executions.

correspondence

curves

rates upward.

were

of the historical

time from conviction

is a function that ‘produce’

Between

the execution

Exploration

by seven

crimes

over time, with some

1920-60,

or falling together

sharply

curve

are the (principal)

roughly

shifting

the execution

correspond

to the

took place. While this lag is not presented

grdphicalty

decades.

curve to the left

year

in which

here. it would

the

seem to

offer little in the way of clarification. Various

interpretations

longitudinal

data

IQ-oponents

the

of execution

were highest increasing

homicide

execution

(and

could

point

when executions

opponents

and

proponents.

the temporal

dimension.

homicide

in the first decade

stopped.

dam

these

rates when COLII~

Opponents In seeming

of

punishment. execution

rates

and to rapidly

point to quite high rates

1935. tending

to offer some

ultimately

this fragment

capital

of the century,

1920 to about

effect.

from

and

to very low homicide

from about

had littlc deterrent

will) he drawn

between

deterrent?)

and execution

actually

no doubt

relationship

(and maximally

of lx)th homicide both

could

on

provide

to suggest

that

encouragement

no definitive

to

help

to

helpful

in

either. While shedding that

light on the deterrent

interpretation

historically

based

at least in this context,

effect of capital

on

territorial

high rates of execution located

independently

of the rate of execution

aggregate

tongitudindl

necessarily

submerged.

The generalized much

more

relati\4y

in the South.

owing

2Oth-century

states

have

in part to doubts

challenges

also

difficulty

in the appeal

is more homicide

Harries, as F&rll-e

has been

persuasive.

rates

1.j. this

have

States been

regional

rate has been upward.

their utility, equity,

with

sustained

statutes

dimension

downward,

Executions

and cost, culminating discussion

that

is

\vhile,

have declined

that the execution

As the following capital

has suggested

1985. 198X. 1990, 1992~1). In an

point in the sense

levels. passing

prior analysis

been those with high rates of homicide,

in the execution

about

a turning

to pre-Foreman had

such

trend

high

(see

that of homicide

~uY~~~I~~ v. &wrgia decision, to date. recovered

Those

interpretation

ambiguously,

differences

have generally

predominantly

is not particularly

punishment.

in the

rate has not,

will demonstrate.

arc immune

to technical

process.

Examples of regional complexity: of Columbia

Maryland, and neighboring

Virginia and the District

Three political units, Maryland, Virginia and Washington, DC make interesting case studies in the influence of regional culture and political process. Although these states” are neighbors,

their recent

capital

punishment

experiences

are quite different.

MarykInd,

The last walk: a geography of execution in the United States, 17861985

490 in contrast three

with Virginia,

decades.

Maryland

was

murder.

that

statute

Punishment

was

defendants findings

Lipscomb

and

the

with

reporting

and

51 rapists)

emerged.

First, some

who were strangers, the death

likely to be executed, those

In the

penalty.

and third,

receiving

death

it was the ‘unguided, application-that 1993: 8-9). A new Maryland the trial from mitigating

statute

Maryland,

were

and automatic

more

and executions Court found

that

authority’-arbitrary

1972-76

divided

new

(State

capital

of Maryland,

the guilt determination

consideration

review

were

predominant

consequently

in the period

appellate

had

1993: 7). aggressively,

the sentencing

incorporated

sentences

blacks

laborers

unconstitutional;

in 1978 which

122

principal

for victims were most

to death,

group,

which

Three

in death

capital

part of

of aggravating

of any death

sentence

and

(State of

1993: 19).

an uneven

geography

tions‘. 2o In each population

suburban with more

attributable

(State of Maryland, The issue of possible Commission

areas.

among statute

These

reviewed.

the

differences

twenty-four

represents

racial disparity

effects

was

murder

24 ‘charging

jurisdic-

frequencies

and

It was were

found

seen

jurisdictions’

state policy,

found

that

the

smaller

proceedings

as being

charging

its application

as

‘primarily policies..

varies

sharply

1993: 200).

drew attention

the discriminatory

the state’s

between

were more likely to have capital sentencing

urbanized

penalty

among

relationship

proceedings

counties

to differences the death

prosecutions

the

sentencing

compared

qfthe Governor’s Commission on the Death Penalty

of capital

jurisdiction,

of capital

although

sentenced

allowed

penalty

part and

9 of the 1993 Report

Finding

number

resulting

in

on Capital

during

to death.

with strangers

punishment

in 35 states

followed

circumstances,

1936-61

(State of Maryland, capital

discretion

enacted

the sentencing

once

Committee

v. Georgia in which the US Supreme

the death

laws were

of murders

Second,

sentences

standardless made

punishment

period

than

of first-degree

of the Maryland

Murdy

sentenced

as an occupational

until Furman

diminished

the

were

in more

1961, convicted

the

or burglars

1960s, the NAACP attacked

gradually

on

60 percent

and robbers

anyone

The last execution

about the breadth’”

of executions,

charged

executed

convictions.

on 9 June

to concerns dearth

(71 murderers

liable to receive among

for lack of capital

of Nathdnial

In that year, in response

punishment

victims

has not (at the time of writing)

This has not been

was more ambiguous.

to the perceived of capital

such evidence

while

noting

discrimination

(State of Maryland,

unfairness

punishment

Public testimony

of the death

on blacks,

penalty,

but the Commission

that this did not in itself prove

or disprove

before

the

particularly found

no

the existence

of

1993: 201).

Virginia Virginia continues in its established role as a leading execution state, along with Texds,L’ Florida and Louisiana, having put to death 23 persons since the restoration of the death penalty

in 1976, and six in the 14-month

‘efficient’ percentage

capital

punishment

of its death

system

period

ending

of any state;

row inmates-over

February

no other

20 percent

(Baker,

1994, giving it the most

has executed

such

a high

199417; State of Maryland.

1993). Given the active status of capital punishment in Virginia, the legislature has been involved in the adoption of execution innovations, proposing lethal injection as an execution option in addition to the electric chair (Baker and Babington, 1994). Another proposal would permit the relatives of victims of capital offenders to view the execution, in order. in the words of one proponent, to achieve ‘closure’ (Baker, 1994a). ‘Virginia’s

491

KEITHHARRIFS experience

is different

process,

from

[Maryland’s],

but in maintaining

produced

over

attributable

time

not only

an exceptionally

a steady

stream

in part to the relative

in assuring

low reversal

of executions.

simplicity

The

of Virginia’s

an expeditious

rate. That low

reversal

sentencing

review

combination rate

procedure;

has

may

be

a simpler

procedure produces fewer errors On the other hand, the low reversal rate in capital cases may reflect the effect of judicial elections on the legal culture of the Virginia courts’ (State of Maryland,

1993: 132).

The latter reference could

be construed

of opinion

calling

Maryland, general

judges

vociferously a more

neither

unambiguously

elections

is significant.

for more

are initially appointed

elections,

suggests,

to judicial

The popular

as more likely to lead to the election

indirect

inter-state

frequent

application

and then confirmed

expression

of public

nor intrd-state

variations

at the door of any particular

judges’

of the death

will. However,

of judges in a climate

for continuation

in capital

causal

election

of ‘hanging

penalty.

In

in office

in

as this discussion

punishment

can he laid

factor.

Washirzgton, DC Washington,

DC, like

executions

placca in 1957.

The most

executions

(eight)

the eight.

of capital

118 executions

striking

than

were

crimes

Tabk

other.

I) 69 percent

Although

unlike

the modal

and espionage,

of African-

1942, when the

more

typical

offenses

which

118

the last took

were

is the year

However,

for murders,

of spying

penalty.

in the District,

in the DC data

in any

all executions

wartime

convictions

(see

anomaly

occurred

all, or nearly

the quintessential

Figure Z), has no death

(see

as a result

Of the

Americans. which

14 states

have occurred

year

in

in 1942 were

accounted

for six of

all white.

Conclusion The issue of capital public concern

has surfaced

in recent

years.

over rising rates of urban

offenders

by stepping

deterrent. death

punishment

consciousness,

A subtext

row through

violence,

up executions

to this discussion

in the media,

debate

went

the

and hence

developed

and the perceived

in order, related

what the public

intermittently

This renewed

need

to

to crack down

on

assumption,

to provide

to the great cost of maintaining

has come to regard

in

in response

as the excessively

prisoners

lengthy

a on

appeals

process. Prior retrospective of

the

temporal

concentration, research capital

studies

in the South,

although

here extends

punishment

in order

Trends

with generally these data punishment

prior work to provide

in homicide

rising homicide

have

risen

Howc\,er.

evidence

fl-ameMork

fails to support

of execution

have

honiicidt~

research

more

rates and generally

and

comparing

fallen

with

capital rates

high

rates if execution

regional

punishment.

and specific

temporal

and

The rates of

geographic

a crude

rates of execution.

‘X’ model However.

that a conclusive case for or against capital on the Iyasis of the temporal data alone. Rates

homicide

the deterrence

remained

and capital

1900 suggest

declining

on analysis

demonstrated

general

meaningful since

concentrated

has

by developing

and execution

are so ambiguous and limited as a deterrent cannot be made

of homicide

have mostly

some

of high rates of both homicide

reported

comparisons.

declining

of capital punishment

dimension.

punishment with

hypothesis

in levels were

both

execution

present rates

since states historically

of homicide, a deterrent.

whereas

and absent.

in a geographic

one

high in terms would

expect

The last walk: a geography of execution in the United States, 17861985

492

African-Americans punishment, nationhood, actually

have

both

state

been

heavily

sanctioned

but data on violence

reflected

a greater

over-represented

and

at the

are not adequate

involvement

in the

hands

of lynch task

to the

in violence

process

mobs,

of determining

in the early years

of capital

at least

since

whether

this

of the republic.

Certainly, in the second half of the 20th century, the tragedy of disproportionate involvement of African-Americans in violence, both as victims and perpetrators, is all too apparent,

and will continue

Empirical

data

punishment When

scrutiny

discriminatory

to

more

factors

sharply

are elected

likelihood

of charges

complexity

of the

being

brought

capital

punishment

that more or fewer

persons

constantly

tinker

statutes.

attempted (Bureau

with

capital

death

rapes

sentences

in the definition

of Justice

Statistics,

punishment

bodies itself),

controversial

can

it appears

With a fundamentally of its history,

would

seem

able evidence rates,

even

offender

into

pool (Margolick,

murders,

increase

robberies

and

also in 19X9

complexity

on appeal.

and

Insofar

or removing

will remain

as all capital

a complex

high rates of violent

from other

to use capital

to provide tends

pressure

and

of realization

over-representation

1991; Raspberry,

with the high

to the levels

of the

of execution,

the rate of capital

at ‘reform’

to point to levels of execution the

the concept

and

in the foreseeable

to the effect that it is essentially

fairly, and, efforts

account

crime in the countries

commensurate

will increase

to approve to increase

developed

punishment

punishment

the rate of executions

considerable

continues taking

the

the mentally

as capital

punishment

the

to

state. Legislatures

excluded

adding

to the

and

all relevant

armed

of reversal

and persistently

to continue

punishment

are

included

(including

States is set apart

Whether

there is also an undercurrent capital

culture,

While the public

are under

offenders,

States.

to public demands

Peak Era is debatable.

changes

as they relate

alleged

such additions

the chances

likely that capital

violent

level of lethal violence.

administer

such

the IJnited

to be positioned

future in response

politicians

increase

mosaic

punishment

(and 14 do not), the way

in a particular

qualifying

capital

a remarkable

Maryland

Virginia

1990). Presumably,

issue in the lJnited

course

For example,

of

of capital

vagaries

themselves

will be executed

of offenses

make

statute

against

statutes

in 1989, and

error at trial and concomitantly 51 legislative

jurisdictions,

local political

or pressed

punishment.

on this point.)

on the form and function

or appointed,

probability

from

discussion

on specific

with bearing

of capital

implementation

If a given state has a capital punishment

judges

retarded

the

1994, for extended

is focused

emerges.

in which

in the demographics

point

(see Raspberry,

of legal and cultural statutes

to be reflected

repeatedly

impossible

notwithstanding,

of African-Americans

and

punishment, to

considerat excessive

of African-Americans

in the

1994).

Given the prominence

of capital

punishment

and the back of definitive

answers

to several

on the public questions.

there

policy

agenda

is considerable

in the IJSA, scope

for

further geographic research. For example, intra-state geography of capital punishment, conducted at the county level, could demonstrate more clearly than hitherto how variations in prosecutorial discretion and such factors as the election of judges. jury sentencing, bargaining, composition)

the characteristics and the dynamics affect outcomes

of the public defender system, of victim-offender relationships in capital

the prevalence of plea (including their racial

cases.”

Acknowledgements The principal source of execution data utilized in this paper was the Espy File archived at the InterIlniversity Consortium for Political and Social Research (ICPSR). The data for Executions in the

KEITHHARKIFS

United States, 1608-198T John

Ortiz

Smykla.

responsibility and

the

for the analyses

the same

caveats

3ate.s. 179G1970 supplied

7;bel+g>~Filewere

Neither

of the

or interpretations

collected

original

data

Coalition

here.

nor

the I)eath

the

Another

Economic,

file ICPSR 0003).

to Abolish

and prepared

data

presented

Historical, Demographic,

apply:

(Machine-readable

by the National

originally

collector

493 by M. Watt Espy and Consortium

and Social

any

Data: 7be United

Data on executions

Penalty.

bears

ICPSR file was also used.

Washington,

since

1987 were

DC.

Notes 1. Most longitudinal

analyses

2. The first actual

apply

execution

to the period

3. The figure of I4 570 executions/379 relatively 4. The

large,

issue

the

hut some

data are more

recent.

years = 38.4 per year. Given that the base population

the population-adjusted

of

1786-1985.

was in 1977.

relationship

rate is very small compared

between

execution

and

with previous

gender

was

is now

centuries.

discussed

in Harries

(1992h). 5. Interest

in the possible

media

and

indicated

effects

community.

that the reintroduction

significant

recluction

6. F(q2lre 2 includes 7. Various

of capital

of capital

in homicide.

punishment

See, for example. punishment

However,

stranger

jurisdiction

of federal

the number

are committed

\J.ould single

out Indian

note that it was highly link between 8. Visually,

death

penalty

of federal

alcohol

execution

by Indians murder

unlikely

homicides

laws proposed

offenses

eligible

in the popular Their

produced

research

no statistically

increased.

counties,

frequencies

maps

with

in recent

would

years would

punishment.

Hentoff

prosecuted

As a result [proposed

for the special

that such changes

in Congress

for capital

of all murders

on reservations.

defendants

and violence

large western

choropleth

both

et al. (1994).

in Oklahoma

(1989) have noted that ‘more than 50 percent

Sands

continues,

Cochran

all l-1 570 c‘ases.

reincarnations

h;~ve increased

their

deterrent

the research

sentence

within

changes

of death.’

have any deterrent

and

federal

in the law1

They went

on to

effect owing

to thr

on reservations.

notably

would

San Bernardino

warrant.

variations

in

This

sizes

in Cahfornia,

is merely

of

their

are more

an expression

statistical

obtrusive

than

of the caveat

areas

should

be

that

viewed

cautiolisly. from Figure 2. lvhich

9. This differs crude

10. Note that the time (horizontal) of California), 1 I.

of a strong

SIIFI.22 September 13altimore

consists

officers

at public

housing

government

region

of 15 states

1.3. Thc~ issue I-t. Mayor

and Fi@rrc I.3 (dashed

raw frequencies.

line), a

Dixon

I(,. I:xecution decennial

census

19.20 population

were

relationship

frlr from perfectly

week,

Maryland between

and adopted

part

in the Hultitnwe

to the shooting

of an outbreak

of two

of firearm-relatecl

otherwise

indicated.

Thus the South

ancl Oklahoma. homicide

if each retributive

DC since

by ‘attaching‘

and

execution

is explored

surname:

in more

Kelly.

1957 (Harriston,

execution

frequencies

1992). in a given

cIosCst to that year. Thus rates for 1916 to 1925 were

of 106 million,

it provides

her huslxmd‘s

in Washington,

calculated

population

happen

oversimplification.

may be found

with responses

are used here unless

I)elaware.

flomicide

year. (See .Sourc-es‘ In the caption 17. This would

penalty

dealing

(1992a).

had occurred

rates

of the death

articles

developmenrh. definitions

later married

15. No execution

featured

(with the exception

differ.

in the preceding

including

of the regional

in Harries

in tfdch part of F&w-e 7 are identical scales

plea for exercise

1992. which

Cit) police

violence IL. Federal

scales

but the rate (vertical)

A good example

detail

represented

rate for the total population.

rates v.‘ere as published

in official

year

lo the

based

on the

sources

for each

to Figure 7.1

homicide

were

to lead

:I base for comparative the system

has been

to an execution purposes

in any given

While

and a crude

this is an absurd indication

year in the 20th century

of how

494

The last walk: a ge0grapb.y of execution in the United States, 17861985

18. Although Washington, DC is not a state, it aspires to attain statehood and will be treated as a state for the purpose of this discussion. 19. Maryland law in 1961 provided for the death penalty for six separate offenses: assault with intent to rape, rape, carnal knowledge of a child under 14, kidnapping, kidnapping a child under 16, first-degree murder (State of Maryland, 1993: 3). 20. These jurisdictions are the 23 counties plus Baltimore City. 21. The Virginia capital statute ‘closely resembles’ the Texas statute. Texas leads in post-Furman executions with more than 60. Some observers have attributed this in part to the weakness of the public defender system in Texas (State of Maryland, 1993: 131,13h). 22. For further discussion of these factors in a geographic context. see Harries and Rrunn (1078).