Though many states argued the merits of the death penalty, no state went as far as Maine. The most influential reformers were the clergy. Ironically, the small but powerful group which opposed the abolitionists were also clergy. They were, almost to a person, members of the Calvinist clergy, especially the Congregationalists and Presbyterians who could be called the religious establishment of the time. They were led by George Cheever. Finally, in , Michigan became the first state to abolish the death penalty except for treason against the state , mostly because it had no long tradition of capital punishment there had been no hanging since , before statehood and because frontier Michigan had few established religious groups to oppose it as was the case in the east.
In , Rhode Island abolished the death penalty led by Unitarians, Universalists, and especially Quakers. In the same year, Massachusetts limited its death penalty to first-degree murder. In , Wisconsin abolished the death penalty after a gruesome execution in which the victim struggled for five minutes at the end of the rope, and a full eighteen minutes passed before his heart finally quit.
During the last half of the century the death penalty abolition movement ground to a half, with many members moving into the slavery abolition movement.
History of the Death Penalty
At the same time, states began to pass laws against mandatory death sentences. Legislators in eighteen states shifted from mandatory to discretionary capital punishment by , not to save lives, but to try to increase convictions and executions of murderers. Still, abolitionists gained a few victories. Maine abolished the death penalty, restored it, and then abolished it again between Iowa abolished the death penalty for six years. Electrocution as a method of execution came onto the scene in an unlikely manner.
Edison Company with its DC direct current electrical systems began attacking Westinghouse Company and its AC alternating current electrical systems as they were pressing for nationwide electrification with alternating current. To show how dangerous AC could be, Edison Company began public demonstrations by electrocuting animals. People reasoned that if electricity could kill animals, it could kill people. It held its first victim, William Kemmler, in , and even though the first electrocution was clumsy at best, other states soon followed the lead.
The Second Great Reform era was In , U. Congress passed a bill reducing the number of federal death crimes. Between and , eight more states abolished capital punishment Minnesota, North Dakota, South Dakota, Oregon, Arizona, Missouri and Tennessee — the latter in all cases but rape. Votes in other states came close to ending the death penalty. However, between and , the death penalty abolition movement again slowed.
Washington, Arizona, and Oregon in reinstated the death penalty. In , the first execution by cyanide gas took place in Nevada, when Tong war gang murderer Gee Jon became its first victim. In , Mrs. Eva Dugan became the first female to be executed by Arizona. The execution was botched when the hangman misjudged the drop and Mrs. More states converted to electric chairs and gas chambers. During this period of time, abolitionist organizations sprang up all across the country, but they had little effect. There were a number of stormy protests against the execution of certain convicted felons e.
In fact, during the anti-Communist period with all its fears and hysteria, Texas Governor Allan Shivers seriously suggested that capital punishment be the penalty for membership in the Communist Party. England and Canada completed exhaustive studies which were largely critical of the death penalty and these were widely circulated in the U. Death row criminals gave their own moving accounts of capital punishment in books and film. Television shows were broadcast on the death penalty. Hawaii and Alaska ended capital punishment in , and Delaware did so the next year. Controversy over the death penalty gripped the nation, forcing politicians to take sides.
Delaware restored the death penalty in Michigan abolished capital punishment for treason in Voters in abolished the death penalty in Oregon. New Mexico abolished the death penalty in Trying to end capital punishment state-by-state was difficult at best, so death penalty abolitionists turned much of their efforts to the courts. They finally succeeded on June 29, in the case Furman v. In nine separate opinions, but with a majority of , the U.
Supreme Court ruled that the way capital punishment laws were written, including discriminatory sentencing guidelines, capital punishment was cruel and unusual and violated the Eighth and Fourteenth Amendments. This effectively ended capital punishment in the United States. Advocates of capital punishment began proposing new capital statutes which they believed would end discrimination in capital sentencing, therefore satisfying a majority of the Court. By early , thirty states had again passed death penalty laws and nearly two hundred prisoners were on death row.
In Gregg v. Death row executions could again begin. Another form of execution was soon found. Oklahoma passed the first death by lethal injection law, based on economics as much as humanitarian reasons. The old electric chair that had not been used in eleven years would require expensive repairs.
The controversy over the death penalty continues today. Politicians at the national and state levels are taking the floor of legislatures and calling for more frequent death penalties, death penalties penalty [sic] for more crimes, and longer prison sentences. Those opposing these moves counter by arguing that tougher sentences do not slow crime and that crime is little or no worse than in the past.
In fact, FBI statistics show murders are now up. For example 9. The battle lines are still drawn and the combat will probably always be fought. A person convicted of any offense enumerated in paragraphs 2 through 7 of subsection a when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.
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A person convicted of any offense enumerated in paragraphs 2 through 5 of subsection a a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs 2 through 5 of subsection a a second or subsequent time when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
A person who, within a month period, is found in violation of any offense enumerated in paragraphs 2 through 7 of subsection a with respect to the identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony.
A person who, within a month period, is found in violation of any offense enumerated in paragraphs 2 through 7 of subsection a with respect to the identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony. A person convicted of identity theft in violation of paragraph 8 of subsection a of this Section is guilty of a Class 4 felony.
Aggravated identity theft for a violation of any offense enumerated in paragraphs 2 through 7 of subsection a of this section is a Class 2 felony. Aggravated identity theft when a person who, within a month period, is found in violation of any offense enumerated in paragraphs 2 through 7 of subsection a of this Section with identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, is a Class 1 felony.
A person who has been previously convicted of aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony. Any real or personal property obtained by a person as a result of a violation of this section, including but not limited to any money, interest, security, claim, contractual right, or financial instrument that is in the possession of the person, shall be subject to seizure and forfeiture pursuant to chapter A.
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If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K. The chief judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings. Conduct and offenses giving rise to forfeiture under this act, whether or not there is a prosecution or conviction related to the offense, are: x identity theft and identity fraud, as defined in subsections a and b of K.
Violation of this section is a Class D felony. If the person violating this section is a business that has violated this section on more than one occasion, then that person also violates the Consumer Protection Act, KRS Trafficking in financial information is a Class C felony. If the person violating this section is a business that has violated this section on more than one 1 occasion, then that person also violates the Consumer Protection Act, KRS Theft of identity is a Class D felony.
A person found guilty of violating any provisions of this section shall forfeit any lawful claim to the identifying information, property, or other realized benefit of the other person as a result of such violation. Trafficking in stolen identities is a Class C felony. Restitution for financial loss resulting from theft of identity or trafficking in stolen identities. In addition to the financial loss detailed in subsection 1 of this section, the person or entity may include a financial institution, insurance company, or bonding association that suffers direct financial loss as a result of the violation.
When there has been a theft by a number of distinct acts of the offender, the aggregate of the amount of the theft shall determine the grade of the offense. In addition to the foregoing penalties, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution pursuant to this section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
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Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes. In addition to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article, a court may order a person who pleads guilty or nolo contendere or who is found guilty under this section to make restitution to the victim for reasonable costs, including reasonable attorney's fees, incurred: 1 for clearing the victim's credit history or credit rating; and 2 in connection with a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation of the victim that arose because of the violation.
Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees. This presumption may be rebutted by clear and convincing evidence.
In any prosecution under subdivision 2, the value of the money or property or services the defendant receives or the number of direct or indirect victims within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of subdivision 3. Fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information to obtain thing of value.
The court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim: 1 In clearing the credit history or credit rating of the victim; and 2 In connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising from the actions of the defendant. If restitution is ordered, the court may include, as part of its determination of an amount owed, payment for any costs incurred by the victim, including attorney fees and any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
Any second or subsequent conviction under this subdivision is a Class I misdemeanor. Identity fraud is a Class I misdemeanor. Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose. Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee.
Possession or sale of document or personal identifying information to establish false status or identity. Capturing, storing, reading, retaining, using or disclosing information from radio frequency identification document of another person.
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A person found guilty of violating any provisions of this section shall, in addition to the penalty under paragraph II, be ordered to make restitution for economic loss sustained by a victim as a result of such violation. Restitution to a victim of an offense under N. A person, who knowingly distributes, manufactures or possesses any item containing personal identifying information pertaining to another person, without that person's authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone is guilty of a crime of the fourth degree.
If the person distributes, manufactures or possesses 20 or more items containing personal identifying information pertaining to another person, or five or more items containing personal information pertaining to five or more separate persons, without authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone the person is guilty of a crime of the third degree. If the person distributes, manufactures or possesses 50 or more items containing personal identifying information pertaining to another person, or ten or more items containing personal identifying information pertaining to five or more separate persons, without authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone the person is guilty of a crime of the second degree.
A person found guilty of theft of identity or of obtaining identity by electronic fraud shall, in addition to any other punishment, be ordered to make restitution for any financial loss sustained by a person injured as the direct result of the offense. In addition to out-of-pocket costs, restitution may include payment for costs, including attorney fees, incurred by that person in clearing the person's credit history, credit rating, criminal history or criminal charges or costs incurred in connection with a legal proceeding to satisfy a debt, lien, judgment or other obligation of that person arising as a result of the offense.
Adverse action as used in this subdivision shall mean and include actual loss incurred by the victim, including an amount equal to the value of the time reasonably spent by the victim attempting to remediate the harm incurred by the victim from the offense, and the consequential financial losses from such action. Class G felony, except it is punishable as a Class F felony if: i the victim suffers arrest, detention, or conviction as a proximate result of the offense, or ii the person is in possession of the identifying information pertaining to three or more separate persons.
Financial loss included under this subsection may include, in addition to actual losses, lost wages, attorneys' fees, and other costs incurred by the victim in correcting his or her credit history or credit rating, or in connection with any criminal, civil, or administrative proceeding brought against the victim resulting from the misappropriation of the victim's identifying information.
A second or subsequent offense is a class A felony. A person is guilty of an offense if the person uses or attempts to use any personal identifying information of an individual, living or deceased, without the authorization or consent of the individual, in order to interfere with or initiate a contract or service for a person other than that individual, to obtain or continue employment, to gain access to personal identifying information of another individual, or to commit an offense in violation of the laws of this state, regardless of whether there is any actual economic loss to the individual.
A first offense under this subsection is a class A misdemeanor. A second or subsequent offense under this subsection is a class C felony. I 2 Except as otherwise provided in this division or division I 3 of this section, identity fraud is a felony of the fifth degree. I 3 Except as otherwise provided in this division, identity fraud against an elderly person or disabled adult is a felony of the fifth degree.
Actual damages shall include, but not be limited to, funds spent related to counseling, identity theft or libel. Any profits from the unauthorized use of such person's likeness that are attributable to the use may be considered in the computation of actual damages. In fact, poetic statements or paintings could carry significant potentials against those who deliberately transgressed moral and ethical norms, or who even targeted themselves. Albrecht Classen is a professor in the Dept. He is also a distinguished medievalist, whose research interests include the history of medieval and early modern German and European literature.
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