Capital punishment in New Hampshire

Capital punishment in the U.S. state of New Hampshire is a legal form of punishment for the crime of capital murder. Capital murder is the only crime for which the death penalty can be imposed in the state. Since 1734, twenty-four people have been executed, with the last execution carried out in 1939. As of 2008, there is one person on "Death Row;" however, there is currently no execution chamber.

Hanging is the method of execution historically used in the state. Lethal Injection is currently the primary legal form of execution, though hanging can be utilized if lethal injection is determined to be "impractical to carry out the punishment of death".^[1] Since 1868, executions have taken place at the New Hampshire State Prison for Men in Concord.

Michael "Stix" Addison was sentenced in December 2008 for knowingly causing the death of Manchester police officer Michael L. Briggs.^[1] He is the only person currently on death row in New Hampshire.

History

1739 - 1942

• In 1739, two women became the first executed in the state, both convicted of "'feloniously concealing the death of a ... infant bastard child'".^[2] Provincial laws at the time required capital punishment for murder, rape, homosexual acts, abortion, bestiality, burglary, counterfeiting and treason.

• On May 8, 1755, Eliphas Dow became the first man to be executed in New Hampshire. He was executed in Portsmouth for murder.

• In 1796, Thomas Powers, an African American was hanged for rape, and is the only non-white to be executed in the state.

• In 1868, hangings were moved to the State Prison in Concord, after a riot followed the execution of Samuel Mills on the main street of Woodsville. Prior to the 1868 execution, hangings were carried out in public.

• In 1903, the punishment for murder in the first degree was changed from death, to "death or imprisonment for life as the jury may determine..." If the jury shall find the respondent guilty of murder in the first degree, the punishment shall be life imprisonment unless the jury shall add to their verdict the words, with capital punishment." ^[3]

• In 1939, Howard Long was the last person to be executed by the State of New Hampshire. A storekeeper from Alton, Howard Long was hanged at the New Hampshire State Prison in Concord on July 14, 1939, for molesting and fatally beating a 10-year-old Laconia boy named Mark Neville Jensen.^[2]

• In 1942, Ralph Jennings, was sentenced to be hanged for the murder of a New Jersey schoolteacher. Jennings hanged himself in his cell with his bedsheets, foiling the state's plan to execute him.

Furman v. Georgia (1972)

• In 1959, Frederick Martineau and Russell Nelson were convicted of murdering a businessman, in a Nashua parking lot, who was scheduled to testify in a Rhode Island burglary case.

Martineau and Nelson received 13 stays of execution, but were spared the death penalty in 1972 when the United States Supreme Court ruled in Furman v. Georgia, 408 U.S. 238 (1972) that "unitary trial" procedure, in which the jury was asked to return a verdict of guilt or innocence and, simultaneously, determine whether the defendant would be punished by death or life imprisonment, was in violation of the eighth amendment to the United States Constitution.

1970 - present

• In 1971, RSA 630:1 Capital Murder, was enacted. In 1977, RSA 630:1 III., was amended so that a person convicted of a capital murder may be punished by death, instead of shall be punished by death. In 1988, killing another after being sentenced to life imprisonment without parole pursuant was added to RSA 630:1. Also, probation-parole officer was added to the list of law enforcement officers contained in Paragraph II of the statute.

• In 1992, the New Hampshire State Prison dismantled its gallows.

• In 1990, causing the death of another before, after, while engaged or attempting to commit aggravated felonious sexual assault, or an offense punishable under RSA 318-B:26, I(a) or (b) of the Controlled Drug Act was added as an element of capital murder. In 1994, killing a "judicial officer" was added to the criteria for capital murder, and retaliation a person's actions in the line of duty was added.

• In 2000, Governor Jeanne Shaheen vetoed legislation to abolish the death penalty. The act had passed the House of Representatives 191-163^[4] and the Senate 14-10.^[5] A two-thirds majority to overturn the veto was not achieved.

• In 2004, Governor Craig Benson vetoed legislation that would have raised the minimum age to execute someone from 17 to 18. Benson said:

"When somebody, regardless of their age, is bold enough to take the life of a police officer, there should be no exceptions — we should make sure that they should pay the ultimate price. So I’m going to make a pledge as governor that if anyone takes the life of a police officer, I will seek the death penalty."

• In 2006, the statutory minimum age for a person punishable by death increased from 17 to 18 years. The U.S. Supreme Court previously ruled in Roper v. Simmons (2005), that it is unconstitutional to impose the death penalty on people who were under age of 18 when they committed a capital crime.

• In 2009, Representative Stephen Linsey introduced House Bill 556, to repeal the death penalty. The bill was suggested Inexpedient to Legislate by the House Judicial Committee, but passed the House by a narrow margin. Governor Lynch has stated that he will veto the bill if it passes the Senate.

Methods

After a person has been convicted of capital murder, a separate penalty phase is carried out using the same jury. The jury weighs a variety of aggravating and mitigating circumstances. If a person has been convicted of capital murder and is not sentenced to death, the mandatory sentence is life imprisonment without possibility of parole the same punishment as first degree murder.

Executions must be carried out no sooner than one year after the sentencing. Death row and the execution are at the New Hampshire State Prison for Men at Concord. According to state law:

"The punishment of death shall be inflicted by continuous, intravenous administration of a lethal quantity of an ultrashort-acting barbiturate in combination with a chemical paralytic agent…"^[6]

It is also possible for executions to be carried out by hanging if it is found:

"…to be impractical to carry out the punishment of death by administration of the required lethal substance or substances, the sentence of death may be carried out by hanging…"

As in any other state, people who are under 18 at the time of commission of the capital crime ^[3] or mentally retarded^[4] are constitutionally precluded from being executed.

Public opinion

In 2008, a poll conducted for the Concord Monitor, 57 percent of likely voters supported the death penalty in police killing cases, 39 percent favored life in prison without parole and 4 percent weren't sure.[7]

Capital murder

RSA 630:1 Capital Murder, is the only crime for which people can be executed in the state. A person is guilty of capital murder if he knowingly causes the death of:^[8]

• A sheriff or deputy sheriff, state trooper, constable or police officer of a city or town, correctional officer, probation-parole officer, conservation officer, judge or similar person, state or local prosecutor acting in the line of duty or in retaliation for their job.
• Another before, after, while engaged or attempting to commit a kidnapping as defined by RSA 633:1.^[9]
• Another after conspiring with another to commit a contract killing.
• Another after being sentenced to life imprisonment without parole.
• Another before, after, while engaged or attempting to commit aggravated felonious sexual assault, as defined in RSA 632-A:2. ^[10]
• Another before, after, while engaged or attempting to commit an offense punishable under RSA 318-B:26, I(a) or (b) of the Controlled Drug Act.^[11]

Since the state's last execution of Howard Long on July 14, 1939, there have been eight people charged with capital murder. Three were convicted, but received a mandatory life imprisonment without parole sentence. In three other cases, capital murder charges were resolved before trial, twice because the New Hampshire Supreme Court ruled the law totally unconstitutional.

List of those executed

#	Executed person	Age	Date of execution	Location	Crime
1	Sarah Simpson		December 27, 1739	Portsmouth	feloniously concealing death of infant bastard child
2	Penelope Henry		December 27, 1739	Portsmouth	feloniously concealing death of infant bastard child
3	Eliphas Dow	50	May 8, 1755	Portsmouth	murder
4	Ruth Blay		December 30, 1768		concealing the death of newborn
5	Elisha Thomas		June 3, 1788		murder
6	Thomas Powers		July 28, 1796		rape
7	Josiah Burnham	63	August 12, 1806		murder
8	Daniel Farmer	28	December 22, 1821		murder
9	Abraham Prescott	18	January 6, 1836		rape/murder
10	Andrew Howard		July 8, 1846		robbery/murder
11	Rev. Enos Dudley		May 23, 1859		murder
12	Sam Mills	28	May 6, 1868	Haverhill Corner	robbery/murder
13	Josiah Pike	31	November 9, 1869	Concord	murder
14	Franklin Evans	67	February 17, 1874	Concord	murder
15	Elwin Major	29	January 5, 1877	Concord	murder
16	Joseph LePage		March 15, 1878	Concord	murder
17	John Pinkham		March 14, 1879	Concord	murder
18	Joseph Buzzell	42	July 10, 1879	Concord	accessory to murder
19	Thomas Samon	36	April 17, 1885	Concord	murder
20	James Palmer		May 1, 1890	Concord	murder
21	Frank Almy		May 16, 1893	Concord	murder
22	Oscar Comery	34	February 18, 1916	Concord	murder
23	Frederick Small	50	January 15, 1918	Concord	murder
24	Howard Long	32	July 14, 1939	Concord	rape/murder

See also

• Capital punishment in the United States

Notes

1. ^ "Autopsy Completed on Officer Michael L. Briggs Charges Upgraded Against Michael Addison" (Press release). Kelly A. Ayotte, Attorney General and Manchester Chief of Police John A. Jaskolka. October 18, 2006. http://nh.gov/nhdoj/publications/nreleases/101806autopsy.html. Retrieved 2006-10-22. 
2. ^ RSA 630:5 Procedure in Capital Murder.
3. ^ State v. Oscar J. Comery 78 N.H. 6 (1915) citing Laws 1903, c. 114, s. 1.
4. ^ Bill to abolish the death penalty from Amnesty International
5. ^ New Hampshire Senate votes to abolish death penalty from Amnesty International
6. ^ RSA 630:1 Capital Murder.
7. ^ RSA 633:1 Kidnapping.
8. ^ RSA 632-A:2 Aggravated Felonious Sexual Assault.
9. ^ Controlled Drugs Act - RSA 318-B:26, I(a) or (b)
10. ^ Benedetto, Christopher. A Warning to All Others: The Story of the First Executions in New Hampshire's History. New England Historical Genealogical Society. citing New Hampshire Province Court Records, Case No. 20062, and Boston News-Letter, September 7, 1739.

References

1. ^ Victim's parents praise NH death penalty verdict, WHDH-TV, December 18, 2008
2. ^ Kimble, James (January 25, 2008). "Brooks argues death penalty unconstitutional". Derry News (Community Newspaper Holdings, Inc.). http://www.derrynews.com/crimecourt/local_story_025093335.html. 
3. ^ Roper v. Simmons, 543 U.S. 551 (2005)
4. ^ Atkins v. Virginia, 536 U.S. 304 (2002)

• "Portsmouth representative praises decision". Portsmouth Herald. March 2, 2005. http://www.seacoastonline.com/news/03022005/news/67315.htm. 
• Summaries of Recent Poll Findings from Death Penalty Information Center
• Executions in the U.S. 1608-1987: The Espy File (by state) (PDF)
• Benedetto, Christopher. A Warning to All Others: The Story of the First Executions in New Hampshire's History. New England Historical Genealogical Society.
• [12] quoting From the "Annals of Portsmouth, New Hampshire - Comprising a period of two hundred years from the first settlement of the town; with biographical sketches of a few of the most respectable inhabitants. Adams, Nathaniel. published by the Author. (1825)