Capital punishment in South Dakota

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Capital punishment is legal in the U.S. state of South Dakota

Contents

[edit] Current development

South Dakota Legislature passed a new death penalty statute, which went to effect due to signature of Governor Bill Janklow (first act he signed in office) on January 1, 1979[1].

[edit] Crimes punishable to death

First-degree murder with 1 of 10 aggravating circumstances is the only capital crime in South Dakota[2][3]. In 2006 possible death sentence for aggravated kidnapping was eliminated[4].

[edit] Sentencing, death row and clemency

Death sentence is to determine by jury and Life Without Parole is an option[5].

Currently three men are awaiting execution on death row, located in Sioux Falls[6].

Governor may grant commutation of death sentence with a non-binding recommendation from the Board. As of 2008 no commutation was granted[7].

[edit] Method of execution

Lethal injection is a sole method of executions in South Dakota[8].

[edit] Executed individuals

Only one person was executed (voluntary) in modern post-Furman period[9].

Executed person Date of execution Method Crime Under Governor
Elijah Page 11 July 2007 lethal injection murder of Chester Allan Poage. Mike Rounds

Briley Piper is currently schedulded to be executed[10].

[edit] History

South Dakota executed 15 men between 1877 and 1947. The first was Jack McCall, killer of the Wild Bill Hickok. 4 of these execution were prior to Statehood, 11 since[11][12].

[edit] Abolition, reintroduction and methods of executions

Hanging was the only method used until 1913, when death penalty was temporary abolished in 1915[13][14].

Death penalty was, however, reinstated in 1933 and electric chair became sole method[15]. Only one person was electrocuted in South Dakota (George Sitts, 1947) and this was the last execution until Page. South Dakota was second-to-last state to use electrocution[16].

There were speculations that Sitts was executed by borrowed electric chair from Nebraska due to problems with South Dakota own chair. This claim remains unproven and challenged[17].

[edit] Pre-Furman executions

Between 1877 and 1915, 14 individuals were executed in South Dakota. All were executed by hanging.

Executed person Date of execution Crime Under Governor
Jack McCall 1 March 1877 murder of Wild Bill Hickok John L. Pennington
Thomas Egan 13 July 1882 murder of his wife, Mary Nehemiah G. Ordway
Brave Bear 1 November 1882 murder of Joseph Johnson Nehemiah G. Ordway
James Gilmore 15 December 1882 murder of Bisente Ortez Nehemiah G. Ordway
James B. Lehman February 19, 1892 murder of Constable John Burns Arthur C. Mellette
Nathaniel Thompson January 20, 1893 murder of Electa Blighton Charles H. Sheldon
Jay Hicks November 15, 1894 murder and robbery of John Meyer Charles H. Sheldon
Chief Two Sticks 28 December 1894 instigating four murders Charles H. Sheldon
Charles Brown 14 July 1897 murder and robbery of Emma Stone Andrew E. Lee
Ernest Loveswar 19 September 1902 murders of George Puck and George Ostrander Charles N. Herreid
Allen Walkingshield January 15, 1902 murder of Mrs. Ghost-Faced Bear Charles N. Herreid
George Bear 5 December 1902 murder of C. Edward Tayloe and John Shaw Charles N. Herreid
Emil Victor 16 November 1909 murder of Mr. and Mrs. James Christie, daughter Mildred and Michael Ronayne Robert S. Vessey
Joe Rickman December 3, 1913 murder of Ellen Fox and her 14-year-old daughter, Mildred Fox Frank M. Byrne

After reintroduction of the death penalty until post-Furman era one person was executed:

Executed person Date of execution Method Crime Under Governor
George Sitts 8 April 1947 electric chair Murder of special state agent Thomas Matthews. He also killed Butte Co. Sheriff Dave Malcolm, but was not separately tried for that murder. George T. Mickelson

[edit] References

  1. ^ Death Penalty Information Center
  2. ^ Crimes Punishable by the Death Penalty
  3. ^ Aggravating Factors For Capital Punishment By State
  4. ^ Crimes Punishable by the Death Penalty
  5. ^ Death Penalty Information Center
  6. ^ Death Penalty Information Center
  7. ^ Clemency
  8. ^ Methods of Execution
  9. ^ Death Penalty Information Center
  10. ^ KTUU.com | Alaska's news and information source | Execution date set for Anchorage man
  11. ^ Regional Studies Central
  12. ^ http://users.bestweb.net/~rg/execution/SO%20DAKOTA.htm
  13. ^ Regional Studies Central
  14. ^ South Dakota DOC-FAQ-Capital Punishment
  15. ^ South Dakota DOC-FAQ-Capital Punishment
  16. ^ Americas Electric Chairs
  17. ^ South Dakota's Chair
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Capital punishment in the United States
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