100-401: ( Alabama to Missouri , Montana to Wyoming ) In the United States , a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state . On matters of state law , the judgment of a state supreme court is considered final and binding in both state and federal courts. Generally, a state supreme court, like most appellate tribunals,
200-471: A global moratorium on executions , with support for eventual abolition. Execution of criminals and dissidents has been used by nearly all societies since the beginning of civilisations on Earth. Until the nineteenth century, without developed prison systems, there was frequently no workable alternative to ensure deterrence and incapacitation of criminals. In pre-modern times the executions themselves often involved torture with painful methods, such as
300-466: A law library , and a lobby with a filing window where the court clerk can accept filings and release new decisions in the form of "slip opinions" (that is, in looseleaf format held together only by a staple). Because state supreme courts generally hear only appeals, some courts have names which directly indicate their function – in the state of New York and in the District of Columbia ,
400-560: A basic right in its Poljica Statute of 1440. Sir Thomas More 's Utopia , published in 1516, debated the benefits of the death penalty in dialogue form, coming to no firm conclusion. More was himself executed for treason in 1535. More recent opposition to the death penalty stemmed from the book of the Italian Cesare Beccaria Dei Delitti e Delle Pene (" On Crimes and Punishments "), published in 1764. In this book, Beccaria aimed to demonstrate not only
500-611: A case involves federal statutory or constitutional law, review of state supreme court decisions may be sought by way of a petition for writ of certiorari to the Supreme Court of the United States . The U.S. Supreme Court is the only federal court that has jurisdiction over direct appeals from state court decisions, although other federal courts are sometimes allowed "collateral review" of state cases in specific situations, for example regarding individuals on death row. As
600-530: A cherry tree in an orchard. In 1820, there were 160, including crimes such as shoplifting, petty theft or stealing cattle. The severity of the so-called Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime. In Nazi Germany , there were three types of capital punishment; hanging, decapitation, and death by shooting. Also, modern military organisations employed capital punishment as
700-497: A coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition. Despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one's ancestors to die without returning one's body to
800-590: A few actively retain it; less than half of countries in Africa retain it; and the majority of countries in Asia retain it, for example, China , Japan and India . Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the EU. The United States is a notable exception: some states have had bans on capital punishment for decades,
900-439: A form of deterrence as opposed to retribution, can be traced back to Cesare Beccaria , whose influential treatise On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty. In England, Jeremy Bentham (1748–1832), the founder of modern utilitarianism, called for the abolition of the death penalty. Beccaria, and later Charles Dickens and Karl Marx noted
1000-407: A means of maintaining military discipline. In the past, cowardice , absence without leave, desertion , insubordination , shirking under enemy fire and disobeying orders were often crimes punishable by death (see decimation and running the gauntlet ). One method of execution, since firearms came into common use, has also been firing squad, although some countries use execution with a single shot to
1100-418: A means of protection of the latter vis-à-vis criminals. In the last several centuries, with the emergence of modern nation states , justice came to be increasingly associated with the concept of natural and legal rights . The period saw an increase in standing police forces and permanent penitential institutions. Rational choice theory , a utilitarian approach to criminology which justifies punishment as
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#17327654155171200-417: A more unified system of justice which formalized the relation between the different "social classes" rather than "tribes". The earliest and most famous example is Code of Hammurabi which set the different punishment and compensation, according to the different class or group of victims and perpetrators. The Torah/Old Testament lays down the death penalty for murder, kidnapping, practicing magic, violation of
1300-484: A religious context and compensation system. Compensation was based on the principle of substitution which might include material (for example, cattle, slaves, land) compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of
1400-427: A result, tens of thousands of women were prosecuted for witchcraft and executed through the witch trials of the early modern period (between the 15th and 18th centuries). The death penalty also targeted sexual offences such as sodomy . In the early history of Islam (7th–11th centuries), there is a number of "purported (but mutually inconsistent) reports" ( athar ) regarding the punishments of sodomy ordered by some of
1500-557: A significant proportion of income to the Islamic states while conversely reducing many Christians to poverty, and these financial and social hardships forced many Christians to convert to Islam. Christians unable to pay these taxes were forced to surrender their children to the Muslim rulers as payment who would sell them as slaves to Muslim households where they were forced to convert to Islam . Many Christian martyrs were executed under
1600-587: A six-year moratorium on executions after the Peshawar school massacre during which 132 students and 9 members of staff of the Army Public School and Degree College Peshawar were killed by Tehrik-i-Taliban Pakistan terrorists, a group distinct from the Afghan Taliban , who condemned the attack. Since then, Pakistan has executed over 400 convicts. In 2017, two major countries, Turkey and
1700-457: A sovereign collectivity, identifies itself with positive or the law in force of the city. In fact, it finds its guarantee in the death penalty which threatens all those who do not respect it." Plato saw the death penalty as a means of purification, because crimes are a "defilement". Thus, in the Laws , he considered necessary the execution of the animal or the destruction of the object which caused
1800-862: A status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression. The top 3 countries by the number of executions are China , Iran and Saudi Arabia . As of 2021, 56 countries retain capital punishment , 111 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice. Although
1900-477: A thousand cuts, was used from the close of the Tang dynasty (around 900) to its abolition in 1905. When a minister of the fifth grade or above received a death sentence the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to
2000-424: A trend toward abolishing capital punishment. Capital punishment has been completely abolished by 108 countries, a further seven have done so for all offences except under special circumstances and 26 more have abolished it in practice because they have not used it for at least 10 years and are believed to have a policy or established practice against carrying out executions. In the United States between 1972 and 1976
2100-415: A unique procedure for appeals. In those states, all appeals are filed with the appropriate Supreme Court (Iowa and Nevada each have a single Supreme Court, while Oklahoma has separate civil and criminal Supreme Courts) which then keeps all cases of first impression for itself to decide. It forwards the remaining cases – which deal with points of law it has already addressed – to
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#17327654155172200-495: Is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death." He argued that executing an accused criminal on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof , until we would be convicting merely "according to the judge's caprice". Maimonides's concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission. While during
2300-560: Is commonly referred to as being "on death row ". Etymologically, the term capital ( lit. ' of the head ' , derived via the Latin capitalis from caput , "head") refers to execution by beheading , but executions are carried out by many methods , including hanging , shooting , lethal injection , stoning , electrocution , and gassing . Crimes that are punishable by death are known as capital crimes , capital offences , or capital felonies , and vary depending on
2400-505: Is controversial, with many people, organisations, and religious groups holding differing views on whether it is ethically permissible. Amnesty International declares that the death penalty breaches human rights, specifically "the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment." These rights are protected under the Universal Declaration of Human Rights , adopted by
2500-406: Is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law (generally made under the state court's concurrent jurisdiction ) can be appealed to the Supreme Court of the United States . Each state supreme court consists of a panel of judges selected by methods outlined in the state constitution . Among
2600-466: Is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organized religion. It may result from crime, land disputes or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished." In most countries that practice capital punishment, it
2700-483: Is now reserved for murder, terrorism, war crimes, espionage, treason, or as part of military justice. In some countries, sexual crimes , such as rape, fornication , adultery , incest , sodomy , and bestiality carry the death penalty, as do religious crimes such as Hudud , Zina , and Qisas crimes, such as apostasy (formal renunciation of the state religion ), blasphemy , moharebeh , hirabah , Fasad , Mofsed-e-filarz and witchcraft. In many countries that use
2800-551: Is to decide whether the record reflects that the trial court correctly applied existing law. In a few states without intermediate appellate courts, the state supreme court may operate under "mandatory review", in which it must hear all appeals from the trial courts. This was the case, for example, in Nevada prior to 2014. For certain categories of cases, many state supreme courts that otherwise have discretionary review operate under mandatory review, usually with regard to cases involving
2900-635: The Abbasid caliphs in Baghdad (most notably al-Mu'tadid ), were often cruel in their punishments. In early modern England, the Buggery Act 1533 stipulated hanging as punishment for " buggery ". James Pratt and John Smith were the last two Englishmen to be executed for sodomy in 1835. In 1636 the laws of Puritan governed Plymouth Colony included a sentence of death for sodomy and buggery. The Massachusetts Bay Colony followed in 1641. Throughout
3000-527: The Cultural Revolution (1966–1976). Partly as a response to such excesses, civil rights organisations started to place increasing emphasis on the concept of human rights and an abolition of the death penalty. By continent, all European countries but one have abolished capital punishment; many Oceanian countries have abolished it; most countries in the Americas have abolished its use, while
3100-960: The Philippines , saw their executives making moves to reinstate the death penalty. In the same year, passage of the law in the Philippines failed to obtain the Senate's approval. On 29 December 2021, after a 20-year moratorium, the Kazakhstan government enacted the 'On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Abolition of the Death Penalty' signed by President Kassym-Jomart Tokayev as part of series of Omnibus reformations of
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3200-749: The Sabbath , blasphemy, and a wide range of sexual crimes, although evidence suggests that actual executions were exceedingly rare, if they occurred at all. A further example comes from Ancient Greece , where the Athenian legal system replacing customary oral law was first written down by Draco in about 621 BC: the death penalty was applied for a particularly wide range of crimes, though Solon later repealed Draco's code and published new laws, retaining capital punishment only for intentional homicide, and only with victim's family permission. The word draconian derives from Draco's laws. The Romans also used
3300-486: The Tang dynasty (618–907) when the death penalty was abolished. This was in the year 747, enacted by Emperor Xuanzong of Tang (r. 712–756). When abolishing the death penalty, Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution. Thus, depending on the severity of the crime a punishment of severe scourging with
3400-714: The United Nations in 1948. In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe , which has 46 member states, has worked to end the death penalty and no execution has taken place in its current member states since 1997. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020, eight non-binding resolutions calling for
3500-488: The breaking wheel , keelhauling , sawing , hanging, drawing and quartering , burning at the stake , crucifixion , flaying , slow slicing , boiling alive , impalement , mazzatello , blowing from a gun , schwedentrunk , and scaphism . Other methods which appear only in legend include the blood eagle and brazen bull . The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that
3600-410: The death penalty and formerly called judicial homicide , is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence , and the act of carrying out the sentence is known as an execution . A prisoner who has been sentenced to death and awaits execution is condemned and
3700-521: The early caliphs . Abu Bakr , the first caliph of the Rashidun Caliphate , apparently recommended toppling a wall on the culprit, or else burning him alive , while Ali ibn Abi Talib is said to have ordered death by stoning for one sodomite and had another thrown head-first from the top of the highest building in the town; according to Ibn Abbas , the latter punishment must be followed by stoning. Other medieval Muslim leaders, such as
3800-471: The highest court in the state; two states, Texas and Oklahoma, have separate supreme courts for civil and criminal matters. The five permanently inhabited U.S. territories , as well Washington, D.C. , each have comparable supreme courts. On matters of state law , the judgment of a state supreme court is considered final and binding in both state and federal courts. State supreme courts are completely distinct from any United States federal courts located within
3900-427: The 1844 constitution; and Delaware 's supreme court were all called the " Court of Errors and Appeals ". The term "Errors" refers to the now-obsolete writ of error , which was used by state supreme courts to correct certain types of egregious errors committed by lower courts. Massachusetts and New Hampshire originally named their highest courts the "Superior Court of Judicature." Since 1780, Massachusetts has used
4000-611: The 19th century, U.S. states repealed death sentences from their sodomy laws, with South Carolina being the last to do so in 1873. Historians recognise that during the Early Middle Ages , the Christian populations living in the lands invaded by the Arab Muslim armies between the 7th and 10th centuries suffered religious discrimination , religious persecution , religious violence , and martyrdom multiple times at
4100-410: The Islamic death penalty for defending their Christian faith through dramatic acts of resistance such as refusing to convert to Islam, repudiation of the Islamic religion and subsequent reconversion to Christianity , and blasphemy towards Muslim beliefs . Despite the wide use of the death penalty, calls for reform were not unknown. The 12th-century Jewish legal scholar Moses Maimonides wrote: "It
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4200-527: The Kazak legal system 'Listening State' initiative. In 724 AD in Japan, the death penalty was banned during the reign of Emperor Shōmu but the abolition only lasted a few years. In 818, Emperor Saga abolished the death penalty under the influence of Shinto and it lasted until 1156. In China, the death penalty was banned by Emperor Xuanzong of Tang in 747 , replacing it with exile or scourging . However,
4300-552: The Middle Ages the expiatory aspect of the death penalty was taken into account, this is no longer the case under the Lumières . These define the place of man within society no longer according to a divine rule, but as a contract established at birth between the citizen and the society, it is the social contract . From that moment on, capital punishment should be seen as useful to society through its dissuasive effect, but also as
4400-575: The U.S. Supreme Court recognized in Erie Railroad Co. v. Tompkins (1938), no part of the federal Constitution actually grants federal courts or the federal Congress the power to directly dictate the content of state law (as distinguished from creating altogether separate federal law that in a particular situation may override state law). Clause 1 of Section 2 of Article Three of the United States Constitution describes
4500-424: The appointment and re-appointment of state supreme court judges. Most judicial selection systems involving gubernatorial appointment make use of a nominating commission to recommend a list of candidates from which the governor must choose, but a minority of states allow the governor to nominate candidates even if they were not recommended by the commission. Many of the states that use gubernatorial appointment require
4600-725: The appointment to be confirmed by the state legislature or some other body, such as the Massachusetts Governor's Council . Although most states limit judicial terms to a set number of years, judges in Massachusetts and New Hampshire serve until they reach a mandatory retirement limit, while in Rhode Island, judges serve lifetime appointments. Most judges represent the entire state, but in Illinois, Kentucky, Louisiana, and Mississippi, judges represent districts of
4700-416: The area of search and seizure and appear to follow precedent in confessions as well. Additionally, some scholars have argued that state and federal courts should judge according to different judicial theories on topics such as statutory interpretation and stare decisis. State supreme court judges are selected in a variety of ways, with the method of selection often depending on the circumstances in which
4800-531: The ballot without their partisan affiliation listed. Most of the remaining states base their judicial selection system on gubernatorial appointments or partisan elections, although several states use a mix of different methods. South Carolina and Virginia use a system of legislative appointment, while in Vermont, the governor makes the initial appointment of judges, but the legislature has the power to re-appoint judges to new terms. Various other factors can influence
4900-653: The ban only lasted 12 years. Following his conversion to Christianity in 988, Vladimir the Great abolished the death penalty in Kievan Rus' , along with torture and mutilation; corporal punishment was also seldom used. In England, a public statement of opposition was included in The Twelve Conclusions of the Lollards , written in 1395. In the post-classical Republic of Poljica , life was ensured as
5000-416: The court's actual facilities, a state supreme court may be housed in the state capitol, in a nearby state office building shared with other courts or state executive branch agencies, or in a small courthouse reserved for its exclusive use. State supreme courts normally require a courtroom for oral argument, private chambers for all justices, a conference room, offices for law clerks and other support staff,
5100-475: The crime because the social system was based on tribes and clans, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things . Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat or blood money). One of the more modern refinements of the blood feud is the duel . In certain parts of
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#17327654155175200-471: The crime committed. It inspired Western criminal law until the 17th century, a time when the first reflections on the abolition of the death penalty appeared. The Twelve Tables , the body of laws handed down from archaic Rome, prescribe the death penalty for a variety of crimes including libel, arson and theft. During the Late Republic , there was consensus among the public and legislators to reduce
5300-429: The death of a man by accident. For the murderers, he considered that the act of homicide is not natural and is not fully consented by the criminal. Homicide is thus a disease of the soul , which must be reeducated as much as possible, and, as a last resort, sentence to death if no rehabilitation is possible. According to Aristotle , for whom free will is proper to man, a person is responsible for their actions. If there
5400-453: The death penalty , drug trafficking and often drug possession is also a capital offence. In China, human trafficking and serious cases of corruption and financial crimes are punished by the death penalty. In militaries around the world, courts-martial have imposed death sentences for offences such as cowardice, desertion , insubordination , and mutiny . Elaborations of tribal arbitration of feuds included peace settlements often done in
5500-448: The death penalty for a wide range of offences. Protagoras (whose thought is reported by Plato ) criticised the principle of revenge, because once the damage is done it cannot be cancelled by any action. So, if the death penalty is to be imposed by society, it is only to protect the latter against the criminal or for a dissuasive purpose. "The only right that Protagoras knows is therefore human right, which, established and sanctioned by
5600-577: The death penalty was a part of their justice system. Communal punishments for wrongdoing generally included blood money compensation by the wrongdoer, corporal punishment, shunning , banishment and execution. In tribal societies, compensation and shunning were often considered enough as a form of justice. The response to crimes committed by neighbouring tribes, clans or communities included a formal apology, compensation, blood feuds, and tribal warfare . A blood feud or vendetta occurs when arbitration between families or tribes fails, or an arbitration system
5700-753: The death penalty was abolished in 1867. The last execution in Brazil was 1876; from then on all the condemnations were commuted by the Emperor Pedro II until its abolition for civil offences and military offences in peacetime in 1891. The penalty for crimes committed in peacetime was then reinstated and abolished again twice (1938–1953 and 1969–1978), but on those occasions it was restricted to acts of terrorism or subversion considered "internal warfare" and all sentences were commuted and not carried out. Many countries have abolished capital punishment either in law or in practice. Since World War II , there has been
5800-536: The death penalty was declared unconstitutional based on the Furman v. Georgia case, but the 1976 Gregg v. Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed on the death penalty in Atkins v. Virginia (2002; death penalty unconstitutional for people with an intellectual disability ) and Roper v. Simmons (2005; death penalty unconstitutional if defendant
5900-459: The death penalty. In abolitionist countries, the debate is sometimes revived by particularly brutal murders, though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries to effectively end the moratorium on the death penalty. One notable example is Pakistan which in December 2014 lifted
6000-423: The decisions of lower courts, remand cases to lower courts for further proceedings, and establish binding precedent for future cases. Some state supreme courts do have original jurisdiction over specific issues; for example, the Supreme Court of Virginia has original jurisdiction over cases of habeas corpus , mandamus , prohibition , and writs of actual innocence based on DNA or other biological evidence. As
6100-529: The development of modern prison systems, the death penalty was also used as a generalised form of punishment for even minor offences. In early modern Europe, a mass panic regarding witchcraft swept across Europe and later the European colonies in North America . During this period, there were widespread claims that malevolent Satanic witches were operating as an organised threat to Christendom . As
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#17327654155176200-409: The earliest being Michigan , where it was abolished in 1846, while other states still actively use it today. The death penalty in the United States remains a contentious issue which is hotly debated . In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred though this tends to cause legislative efforts to improve the judicial process rather than to abolish
6300-435: The execution ground in a cart rather than having to walk there. Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place. In medieval and early modern Europe, before
6400-421: The geographical boundaries of a state's territory, or the federal-level Supreme Court. The exact duties and powers of the state supreme courts are established by state constitutions and state law. Generally, state supreme courts, like most appellate tribunals, are exclusively for hearing appeals on decisions issued by lower courts, and do not make any finding of facts or hold trials. They can, however, overrule
6500-522: The grave intact. Some further forms of capital punishment were practiced in the Tang dynasty, of which the first two that follow at least were extralegal. The first of these was scourging to death with the thick rod which was common throughout the Tang dynasty especially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death. A further form of execution called Ling Chi ( slow slicing ), or death by/of
6600-487: The hands of Arab Muslim officials and rulers. As People of the Book , Christians under Muslim rule were subjected to dhimmi status (along with Jews , Samaritans , Gnostics , Mandeans , and Zoroastrians), which was inferior to the status of Muslims. Christians and other religious minorities thus faced religious discrimination and religious persecution in that they were banned from proselytising (for Christians, it
6700-454: The head or neck. Various authoritarian states employed the death penalty as a potent means of political oppression . Anti-Soviet author Robert Conquest claimed that more than one million Soviet citizens were executed during the Great Purge of 1936 to 1938, almost all by a bullet to the back of the head. Mao Zedong publicly stated that "800,000" people had been executed in China during
6800-644: The highest court in the state, a state supreme court has appellate jurisdiction over all matters of state law. Many states have two or more levels of courts below the state supreme court; for example, in Pennsylvania, a case might first be heard in one of the Pennsylvania courts of common pleas , be appealed to the Superior Court of Pennsylvania , and then finally be appealed to the Supreme Court of Pennsylvania . In other states, including Delaware,
6900-484: The highest court is called the "Court of Appeals". In New York, the " Supreme Court " is the trial court of general unlimited jurisdiction and the intermediate appellate court is called the " Supreme Court—Appellate Division ". West Virginia mixes the two; its highest court is called the " Supreme Court of Appeals ". Other states' supreme courts have used the term "Appeals": Pennsylvania's court of last resort from 1780-1808 ; New Jersey 's supreme courts under
7000-464: The highest courts formerly used variations of the term "Court of Errors," which indicated that the court's primary purpose was to correct the errors of lower courts. List of U.S. state representatives (Alabama to Missouri) ( Alabama to Missouri , Montana to Wyoming ) This is a list of U.S. state representatives . This list contains the names of U.S. state representatives in the 25 states, listed alphabetically, from Alabama to Missouri. For
7100-477: The incidence of capital punishment. This opinion led to voluntary exile being prescribed in place of the death penalty, whereby a convict could either choose to leave in exile or face execution. A historic debate, followed by a vote, took place in the Roman Senate to decide the fate of Catiline 's allies when he attempted to seize power in December, 63 BC. Cicero, then Roman consul , argued in support of
7200-410: The incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view. In England in the 18th century, when there was no police force, Parliament drastically increased the number of capital offences to more than 200. These were mainly property offences, for example cutting down
7300-478: The injustice, but even the futility from the point of view of social welfare , of torture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, the future emperor of the Holy Roman Empire , abolished the death penalty in the then-independent Grand Duchy of Tuscany , the first abolition in modern times. On 30 November 1786, after having de facto blocked executions (the last
7400-487: The interim). Notably, the Supreme Court of Virginia has always operated under discretionary review for nearly all cases, but from its creation in 1985, the intermediate Court of Appeals of Virginia heard appeals as a matter of right only in family and administrative cases. After two other states adopted appeals of right in the late 2000s, this left Virginia as the only state in the Union with no first appeal of right for
7500-416: The intermediate Court of Appeals. Under this so-called "push-down" or "deflection" model of appellate procedure, the state supreme court can immediately establish final statewide precedents on important issues of first impression as soon as they arise, rather than waiting several months or years for the intermediate appellate court to make a first attempt at resolving the issue (and leaving the law uncertain in
7600-514: The interpretation of the state constitution or capital punishment . One of the informal traditions of the American legal system is that all litigants are entitled to at least one appeal after a final judgment on the merits. However, appeal is merely a privilege provided by statute, court rules, or custom; the U.S. Supreme Court has repeatedly ruled that there is no federal constitutional right to an appeal. Iowa , Nevada , and Oklahoma have
7700-620: The island was independent) was the first legislative assembly in the world to abolish the death penalty in 1824. Tahiti commuted the death penalty to banishment. In the United States, Michigan was the first state to ban the death penalty, on 18 May 1846. The short-lived revolutionary Roman Republic banned capital punishment in 1849. Venezuela followed suit and abolished the death penalty in 1863 and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In Portugal, after legislative proposals in 1852 and 1863,
7800-711: The jurisdiction, but commonly include serious crimes against a person, such as murder , assassination , mass murder , child murder , aggravated rape , terrorism , aircraft hijacking , war crimes , crimes against humanity , and genocide , along with crimes against the state such as attempting to overthrow government , treason , espionage , sedition , and piracy . Also, in some cases, acts of recidivism , aggravated robbery, and kidnapping , in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for
7900-401: The killing of conspirators without judgment by decision of the Senate ( Senatus consultum ultimum ) and was supported by the majority of senators; among the minority voices opposed to the execution, the most notable was Julius Caesar . The custom was different for foreigners who did not hold rights as Roman citizens , and especially for slaves, who were transferrable property. Crucifixion
8000-463: The majority of countries have abolished capital punishment, over half of the world's population live in countries where the death penalty is retained, including India, the U.S., Indonesia, Pakistan, Bangladesh, Japan, Vietnam, Egypt, Nigeria, Ethiopia and DR Congo. As of 2023, only 2 out of 38 OECD member countries (the United States and Japan ) allow capital punishment. Capital punishment
8100-496: The merits. In March 2021, Virginia enacted a comprehensive reform package allowing for appeals of right to the Court of Appeals in civil and criminal cases. The same bill expanded the Court of Appeals from 11 to 17 judges to handle the increased workload. Under American federalism , a state supreme court's ruling on a matter of purely state law is final and binding and must be accepted in both state and federal courts. However, when
8200-511: The most common methods for selection are gubernatorial appointment, non-partisan election, and partisan election, but the different states follow a variety of procedures. Under the system of federalism established by the United States Constitution , federal courts have limited jurisdiction , and state courts handle many more cases than do federal courts. Each of the fifty states has at least one supreme court that serves as
8300-566: The name " Supreme Judicial Court " (to distinguish itself from the state legislature, which is called the Massachusetts General Court ); New Hampshire uses the name " Supreme Court ". Additionally the highest court in Maine is named the " Supreme Judicial Court ". This similar terminology is probably a holdover from the time when Maine was part of Massachusetts. In Pennsylvania, Connecticut, Delaware, New Jersey, and New York,
8400-525: The precedent established by the U.S. Supreme Court as to all issues of federal law, but in practice, the Supreme Court reviews very few decisions from state courts. For example, in 2007 the Court reviewed 244 cases appealed from federal courts and only 22 from state courts. Despite the relatively small number of decisions reviewed, Professors Sara Benesh and Wendy Martinek found that state supreme courts follow precedent more closely than federal courts in
8500-613: The remaining 25 states, please see List of U.S. state representatives (Montana to Wyoming) . From the 50 state legislatures in the United States, the following superlatives emerge: There are a total of 5,411 state representatives nationwide, with the average state house having 110 members. The 49 lower houses of state legislatures in the United States – Nebraska lacks a lower house – have various names: Non-Voting Tribal Representatives Capital punishment Note: Varies by jurisdiction Note: Varies by jurisdiction Capital punishment , also known as
8600-455: The scope of federal judicial power, but only extended it to "the Laws of the United States" and not the laws of the several or individual states. It is this silence on that latter issue that gave rise to the American distinction between state and federal common law not found in other English-speaking common law federations like Australia and Canada . In theory, state supreme courts are bound by
8700-482: The seat is filled. Under one common method, the Missouri Plan , the governor fills judicial vacancies by choosing from a list compiled by a non-partisan commission. These judges serve an interim term until they stand in a retention election , in which they win a full term if a majority of voters vote for retention. Many other states elect judges through non-partisan elections in which multiple candidates appear on
8800-510: The state legislature, and removal by state judicial boards or commissions. Other states provide for the removal of judges through recall elections , court action, gubernatorial action (with legislative consent), or through a resolution passed by a super-majority in both houses of the state legislature. Traditionally, state supreme courts are headquartered in the capital cities of their respective states, though they may occasionally hold oral arguments elsewhere. The six main exceptions are: As for
8900-491: The state supreme court is the only appellate court in the state and thus has direct appellate jurisdiction over all lower courts. Like the U.S. Supreme Court, most state supreme courts have implemented "discretionary review." Under such a system, intermediate appellate courts are entrusted with deciding the vast majority of appeals. Intermediate appellate courts generally focus on the mundane task of what appellate specialists call "error correction," which means their primary task
9000-554: The state. Many states, including some states in which the governor is not otherwise involved in the appointment process, allow the governor to make interim appointments to fill judicial vacancies. In many states with judicial elections, political contributions from groups such as trade associations and political action committees are allowed. The various states provide different methods for the removal of state supreme court judges during their terms, with many states providing multiple methods. Two common methods of removal are impeachment by
9100-600: The then emperor of the Holy Roman Empire, abolished in his immediate lands in 1787 capital punishment, which though only lasted until 1795, after both had died and Leopolds son Francis abolished it in his immediate lands. In Tuscany it was reintroduced in 1790 after Leopolds departure becoming emperor. Only after 1831 capital punishment was again at times stopped, though it took until 2007 to abolish capital punishment in Italy completely. The Kingdom of Tahiti (when
9200-470: The thick rod or of exile to the remote Lingnan region might take the place of capital punishment. However, the death penalty was restored only 12 years later in 759 in response to the An Lushan Rebellion . At this time in the Tang dynasty only the emperor had the authority to sentence criminals to execution. Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in
9300-628: The vast majority of civil and criminal cases. Appellants were still free to petition for review, but such petitions were subject to severe length constraints (6,125 words or 35 pages in Virginia) and necessarily were more narrowly targeted than an opening brief in an appeal of right to an intermediate appellate court (in contrast, an appellant's opening brief to a California intermediate appellate court can run up to 14,000 words). The vast majority of decisions of Virginia circuit courts in civil and criminal cases were thereby insulated from appellate review on
9400-430: The world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties. Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slaves emerged. Accordingly, the systems of tribal arbitration were submerged into
9500-423: The year 730 and 58 executions in the year 736. The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offences respectively. Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening
9600-413: Was a crime, a judge must define the penalty allowing the crime to be annulled by compensating it. This is how pecuniary compensation appeared for criminals the least recalcitrant and whose rehabilitation is deemed possible. However, for others, he argued, the death penalty is necessary. This philosophy aims on the one hand to protect society and on the other hand to compensate to cancel the consequences of
9700-519: Was a form of punishment first employed by the Romans against slaves who rebelled , and throughout the Republican era was reserved for slaves , bandits , and traitors . Intended to be a punishment, a humiliation, and a deterrent, the condemned could take up to a few days to die. Corpses of the crucified were typically left on the crosses to decompose and to be eaten by animals. There was a time in
9800-567: Was forbidden to evangelise or spread Christianity ) in the lands invaded by the Arab Muslims on pain of death, they were banned from bearing arms, undertaking certain professions, and were obligated to dress differently in order to distinguish themselves from Arabs. Under sharia , Non-Muslims were obligated to pay jizya and kharaj taxes, together with periodic heavy ransom levied upon Christian communities by Muslim rulers in order to fund military campaigns, all of which contributed
9900-424: Was in 1769), Leopold promulgated the reform of the penal code that abolished the death penalty and ordered the destruction of all the instruments for capital execution in his land. In 2000, Tuscany's regional authorities instituted an annual holiday on 30 November to commemorate the event. The event is commemorated on this day by 300 cities around the world celebrating Cities for Life Day . Leopolds brother Joseph ,
10000-505: Was under age 18 at the time the crime was committed). In the United States, 23 of the 50 states and Washington, D.C. ban capital punishment. In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence , arson in royal dockyards and a number of wartime military offences as capital crimes) for a five-year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964. It
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