document_title: Graphite

question_text: where does graphite come from in the world

text: Graphite

text: Types and varieties[edit]

text: The principal types of natural graphite, each occurring in different types of ore deposits are:

text:
Crystalline small flakes of graphite (or flake graphite) occurs as isolated, flat, plate-like particles with hexagonal edges if unbroken. When broken the edges can be irregular or angular;
Amorphous graphite: very fine flake graphite is sometimes called amorphous;[6]
Lump graphite (or vein graphite) occurs in fissure veins or fractures and appears as massive platy intergrowths of fibrous or acicular crystalline aggregates, and is probably hydrothermal in origin.[7]
Highly ordered pyrolytic graphite refers to graphite with an angular spread between the graphite sheets of less than 1°.[8]
The name "graphite fiber" is sometimes used to refer to carbon fibers or carbon fiber-reinforced polymer.

text: Occurrence[edit]

text: Graphite occurs in metamorphic rocks as a result of the reduction of sedimentary carbon compounds during metamorphism. It also occurs in igneous rocks and in meteorites.[4] Minerals associated with graphite include quartz, calcite, micas and tourmaline. In meteorites it occurs with troilite and silicate minerals.[4]  Small graphitic crystals in meteoritic iron are called cliftonite.[7]

text: According to the United States Geological Survey (USGS), world production of natural graphite in 2016 was 1,200,000 tonnes, of which the following major exporters are: China (780,000 t), India (170,000 t), Brazil (80,000 t), Turkey (32,000 t) and North Korea (30,000 t).[9] Graphite is not mined in the United States, but U.S. production of synthetic graphite in 2010 was 134,000 t valued at $1.07 billion.[10]

text: Properties[edit]

text: Structure[edit]

text: Graphite has a layered, planar structure. The individual layers are called graphene. In each layer, the carbon atoms are arranged in a honeycomb lattice with separation of 0.142 nm, and the distance between planes is 0.335 nm.[11] Atoms in the plane are bonded covalently, with only three of the four potential bonding sites satisfied. The fourth electron is free to migrate in the plane, making graphite electrically conductive. However, it does not conduct in a direction at right angles to the plane. Bonding between layers is via weak van der Waals bonds, which allows layers of graphite to be easily separated, or to slide past each other.

text: The two known forms of graphite, alpha (hexagonal) and beta (rhombohedral), have very similar physical properties, except for that the graphene layers stack slightly differently.[12] The alpha graphite may be either flat or buckled.[13] The alpha form can be converted to the beta form through mechanical treatment and the beta form reverts to the alpha form when it is heated above 1300 °C.[14]

text:
Scanning tunneling microscope image of graphite surface atoms

Graphite's unit cell

Animated view of the unit cell in three layers of graphene (note that this is a slightly different unit cell from the one to the left)

Ball-and-stick model of graphite (two graphene layers)

Side view of layer stacking

Plane view of layer stacking

Rotating graphite stereogram

text: Other properties[edit]

text: The acoustic and thermal properties of graphite are highly anisotropic, since phonons propagate quickly along the tightly-bound planes, but are slower to travel from one plane to another. Graphite's high thermal stability and electrical and thermal conductivity facilitate its widespread use as electrodes and refractories in high temperature material processing applications. However, in oxygen-containing atmospheres graphite readily oxidizes to form carbon dioxide at temperatures of 700 °C and above.[15]

text: Graphite is an electrical conductor, hence useful in such applications as arc lamp electrodes. It can conduct electricity due to the vast electron delocalization within the carbon layers (a phenomenon called aromaticity). These valence electrons are free to move, so are able to conduct electricity. However, the electricity is primarily conducted within the plane of the layers. The conductive properties of powdered graphite[16] allow its use as pressure sensor in carbon microphones.

text: Graphite and graphite powder are valued in industrial applications for their self-lubricating and dry lubricating properties. There is a common belief that graphite's lubricating properties are solely due to the loose interlamellar coupling between sheets in the structure.[17] However, it has been shown that in a vacuum environment (such as in technologies for use in space), graphite degrades as a lubricant, due to the hypoxic conditions.[18] This observation led to the hypothesis that the lubrication is due to the presence of fluids between the layers, such as air and water, which are naturally adsorbed from the environment. This hypothesis has been refuted by studies showing that air and water are not absorbed.[19] Recent studies suggest that an effect called superlubricity can also account for graphite's lubricating properties. The use of graphite is limited by its tendency to facilitate pitting corrosion in some stainless steel,[20][21] and to promote galvanic corrosion between dissimilar metals (due to its electrical conductivity). It is also corrosive to aluminium in the presence of moisture. For this reason, the US Air Force banned its use as a lubricant in aluminium aircraft,[22] and discouraged its use in aluminium-containing automatic weapons.[23] Even graphite pencil marks on aluminium parts may facilitate corrosion.[24] Another high-temperature lubricant, hexagonal boron nitride, has the same molecular structure as graphite. It is sometimes called white graphite, due to its similar properties.

text: When a large number of crystallographic defects bind these planes together, graphite loses its lubrication properties and becomes what is known as pyrolytic graphite. It is also highly anisotropic, and diamagnetic, thus it will float in mid-air above a strong magnet. If it is made in a fluidized bed at 1000–1300 °C then it is isotropic turbostratic, and is used in blood contacting devices like mechanical heart valves and is called pyrolytic carbon, and is not diamagnetic. Pyrolytic graphite and pyrolytic carbon are often confused but are very different materials.[citation needed]

text: Natural and crystalline graphites are not often used in pure form as structural materials, due to their shear-planes, brittleness, and inconsistent mechanical properties.

text: History of natural graphite use[edit]

text: In the 4th millennium BC, during the Neolithic Age in southeastern Europe, the Marița culture used graphite in a ceramic paint for decorating pottery.[25]

text: Some time before 1565 (some sources say as early as 1500), an enormous deposit of graphite was discovered on the approach to Grey Knotts from the hamlet of Seathwaite in Borrowdale parish, Cumbria, England, which the locals found useful for marking sheep.[26][27] During the reign of Elizabeth I (1558–1603), Borrowdale graphite was used as a refractory material to line moulds for cannonballs, resulting in rounder, smoother balls that could be fired farther, contributing to the strength of the English navy. This particular deposit of graphite was extremely pure and soft, and could easily be cut into sticks. Because of its military importance, this unique mine and its production were strictly controlled by the Crown.[28]

text: During the 19th century, graphite’s uses greatly expanded to include stove polish, lubricants, paints, crucibles, foundry facings, and pencils, a major factor in the expansion of educational tools during the first great rise of education for the masses.  The British empire controlled most of the world’s production (especially from Ceylon), but production from Austrian, German and American deposits expanded by mid-century.  For example, the Dixon Crucible Company of Jersey City, New Jersey, founded by Joseph Dixon (inventor) and partner Orestes Cleveland in 1845, opened mines in the Lake Ticonderoga district of New York, built a processing plant there, and a factory to manufacture pencils, crucibles and other products in New Jersey, described in the Engineering & Mining Journal 21 December 1878.  The Dixon pencil is still in production.[29]

text: The beginnings of the revolutionary froth flotation process are associated with graphite mining.  Included in the E&MJ article on the Dixon Crucible Company is a sketch of the “floating tanks” used in the age-old process of extracting graphite.  Because graphite is so light, the mix of graphite and waste was sent through a final series of water tanks where a cleaner graphite “floated” off, which left waste to drop out.  In an 1877 patent, the two brothers Bessel (Adolph and August) of Dresden, Germany took this “floating” process a step further and added a small amount of oil to the tanks and boiled the mix – an agitation or frothing step – to collect the graphite, the first steps toward the future flotation process.  Adolph Bessel received the Wohler Medal for the patented process that upgraded the recovery of graphite to 90% from the German deposit.  In 1977, the German Society of Mining Engineers and Metallurgists organized a special symposium dedicated to their discovery and, thus, the 100th anniversary of flotation.[30]

text: In the United States, in 1885, Hezekiah Bradford of Philadelphia, patented a similar process, but it is uncertain if his process was used successfully in the nearby graphite deposits of Chester County, Pennsylvania, a major producer by the 1890s.  The Bessel process was limited in use, primarily because of the abundant cleaner deposits found around the globe, which needed not much more than hand-sorting to gather the pure graphite.  The state of the art, ca. 1900, is described in the Canadian Department of Mines report on graphite mines and mining, when Canadian deposits began to become important producers of graphite.[31][32]

text: Other names [edit]

text: Historically, graphite was called black lead or plumbago.[7][33] Plumbago was commonly used in its massive mineral form. Both of these names arise from confusion with the similar-appearing lead ores, particularly galena. The Latin word for lead, plumbum, gave its name to the English term for this grey metallic-sheened mineral and even to the leadworts or plumbagos, plants with flowers that resemble this colour.

text: The term black lead usually refers to a powdered or processed graphite, matte black in color.

text: Abraham Gottlob Werner coined the name graphite ("writing stone") in 1789. He attempted to clear up the confusion between molybdena, plumbago and black lead after Carl Wilhelm Scheele in 1778 proved that there are at least three different minerals. Scheele's analysis showed that the chemical compounds molybdenum sulfide (molybdenite), lead(II) sulfide (galena) and graphite were three different soft black minerals.[34][35][36]

text: Uses of natural graphite[edit]

text: Natural graphite is mostly consumed for refractories, batteries, steelmaking, expanded graphite, brake linings, foundry facings and lubricants.[10] Graphene, which occurs naturally in graphite, has unique physical properties and is among the strongest substances known. However, the process of separating it from graphite will require more technological development.

text: Refractories[edit]

text: The use of graphite as a refractory material began before 1900 with the graphite crucible used to hold molten metal; this is now a minor part of refractories. In the mid-1980s, the carbon-magnesite brick became important, and a bit later the alumina-graphite shape. As of  2017[update] the order of importance is: alumina-graphite shapes, carbon-magnesite brick, monolithics (gunning and ramming mixes), and then crucibles.

text: Crucibles began using very large flake graphite, and carbon-magnesite brick requiring not quite so large flake graphite; for these and others there is now much more flexibility in the size of flake required, and amorphous graphite is no longer restricted to low-end refractories. Alumina-graphite shapes are used as continuous casting ware, such as nozzles and troughs, to convey the molten steel from ladle to mold, and carbon magnesite bricks line steel converters and electric-arc furnaces to withstand extreme temperatures. Graphite blocks are also used in parts of blast furnace linings where the high thermal conductivity of the graphite is critical. High-purity monolithics are often used as a continuous furnace lining instead of carbon-magnesite bricks.

text: The US and European refractories industry had a crisis in 2000–2003, with an indifferent market for steel and a declining refractory consumption per tonne of steel underlying firm buyouts and many plant closures.[citation needed] Many of the plant closures resulted from the acquisition of Harbison-Walker Refractories by RHI AG and some plants had their equipment auctioned off. Since much of the lost capacity was for carbon-magnesite brick, graphite consumption within the refractories area moved towards alumina-graphite shapes and monolithics, and away from brick. The major source of carbon-magnesite brick is now imports from China. Almost all of the above refractories are used to make steel and account for 75% of refractory consumption; the rest is used by a variety of industries, such as cement.

text: According to the USGS, US natural graphite consumption in refractories comprised 12,500 tonnes in 2010.[10]

text: Batteries[edit]

text: The use of graphite in batteries has been increasing in the last 30 years. Natural and synthetic graphite are used to construct electrodes in major battery technologies.[10] The lithium-ion battery utilizes roughly twice the amount of graphite as lithium carbonate.[37]

text: The demand for batteries, primarily nickel–metal hydride and lithium ion batteries, has caused a growth in graphite demand in the late 1980s and early 1990s. This growth was driven by portable electronics, such as portable CD players and power tools. Laptops, mobile phones, tablet, and smartphone products have increased the demand for batteries. Electric vehicle batteries are anticipated to increase graphite demand. As an example, a lithium-ion battery in a fully electric Nissan Leaf contains nearly 40 kg of graphite.

text: Steelmaking[edit]

text: Natural graphite in steelmaking mostly goes into raising the carbon content in molten steel, and can also be used to lubricate the dies used to extrude hot steel. Carbon additives are subject to competitive pricing from alternatives such as synthetic graphite powder, petroleum coke, and other forms of carbon. A carbon raiser is added to increase the carbon content of the steel to the specified level. An estimate based on USGS's graphite consumption statistics indicates that 10,500 tonnes were used in this fashion in the US in 2005.[10]

text: Brake linings[edit]

text: Natural amorphous and fine flake graphite are used in brake linings or brake shoes for heavier (nonautomotive) vehicles, and became important with the need to substitute for asbestos. This use has been important for quite some time, but nonasbestos organic (NAO) compositions are beginning to reduce graphite's market share. A brake-lining industry shake-out with some plant closures has not been beneficial, nor has an indifferent automotive market. According to the USGS, US natural graphite consumption in brake linings was 6,510 tonnes in 2005.[10]

text: Foundry facings and lubricants[edit]

text: A foundry facing mold wash is a water-based paint of amorphous or fine flake graphite. Painting the inside of a mold with it and letting it dry leaves a fine graphite coat that will ease separation of the object cast after the hot metal has cooled. Graphite lubricants are specialty items for use at very high or very low temperatures, as forging die lubricant, an antiseize agent, a gear lubricant for mining machinery, and to lubricate locks. Having low-grit graphite, or even better, no-grit graphite (ultra high purity), is highly desirable. It can be used as a dry powder, in water or oil, or as colloidal graphite (a permanent suspension in a liquid). An estimate based on USGS graphite consumption statistics indicates that 2,200 tonnes was used in this fashion in 2005.[10]

text: Pencils[edit]

text: The ability to leave marks on paper and other objects gave graphite its name, given in 1789 by German mineralogist Abraham Gottlob Werner. It stems from graphein, meaning to write or draw in Ancient Greek.[7][38]

text: From the 16th century, all pencils were made with leads of English natural graphite, but modern pencil lead is most commonly a mix of powdered graphite and clay; it was invented by Nicolas-Jacques Conté in 1795.[39][40] It is chemically unrelated to the metal lead, whose ores had a similar appearance, hence the continuation of the name. Plumbago is another older term for natural graphite used for drawing, typically as a lump of the mineral without a wood casing. The term plumbago drawing is normally restricted to 17th and 18th century works, mostly portraits.

text: Today, pencils are still a small but significant market for natural graphite. Around 7% of the 1.1 million tonnes produced in 2011 was used to make pencils.[37] Low-quality amorphous graphite is used and sourced mainly from China.[10]

text: Other uses[edit]

text: Natural graphite has found uses in zinc-carbon batteries, in electric motor brushes, and various specialized applications. Graphite of various hardness or softness results in different qualities and tones when used as an artistic medium.[41] Railroads would often mix powdered graphite with waste oil or linseed oil to create a heat-resistant protective coating for the exposed portions of a steam locomotive's boiler, such as the smokebox or lower part of the firebox.[42]

text: Expanded graphite[edit]

text:
Expanded graphite is made by immersing natural flake graphite in a bath of chromic acid, then concentrated sulfuric acid, which forces the crystal lattice planes apart, thus expanding the graphite. The expanded graphite can be used to make graphite foil or used directly as "hot top" compound to insulate molten metal in a ladle or red-hot steel ingots and decrease heat loss, or as firestops fitted around a fire door or in sheet metal collars surrounding plastic pipe (during a fire, the graphite expands and chars to resist fire penetration and spread), or to make high-performance gasket material for high-temperature use. After being made into graphite foil, the foil is machined and assembled into the bipolar plates in fuel cells.
The foil is made into heat sinks for laptop computers which keeps them cool while saving weight, and is made into a foil laminate that can be used in valve packings or made into gaskets. Old-style packings are now a minor member of this grouping: fine flake graphite in oils or greases for uses requiring heat resistance. A GAN estimate of current US natural graphite consumption in this end use is 7,500 tonnes.[10]

text: Intercalated graphite[edit]

text: Graphite forms intercalation compounds with some metals and small molecules. In these compounds, the host molecule or atom gets "sandwiched" between the graphite layers, resulting in a type of compound with variable stoichiometry. A prominent example of an intercalation compound is potassium graphite, denoted by the formula KC8. Graphite intercalation compounds are superconductors. The highest transition temperature (by June 2009) Tc = 11.5 K is achieved in CaC6, and it further increases under applied pressure (15.1 K at 8 GPa).[43]

text: Uses of synthetic graphite[edit]

text: Invention of a process to produce synthetic graphite[edit]

text: In 1893, Charles Street of Le Carbone discovered a process for making artificial graphite. Another process to make synthetic graphite was invented accidentally by Edward Goodrich Acheson (1856–1931). In the mid-1890s, Acheson discovered that overheating carborundum (silicon carbide or SiC) produced almost pure graphite. While studying the effects of high temperature on carborundum, he had found that silicon vaporizes at about 4,150 °C (7,500 °F), leaving the carbon behind in graphitic carbon. This graphite was another major discovery for him, and it became extremely valuable and helpful as a lubricant.[7]

text: In 1896, Acheson received a patent for his method of synthesizing graphite,[44] and in 1897 started commercial production.[7] The Acheson Graphite Co. was formed in 1899.

text: Scientific research[edit]

text: Highly oriented pyrolytic graphite (HOPG) is the highest-quality synthetic form of graphite. It is used in scientific research, in particular, as a length standard for scanner calibration of scanning probe microscope.[45]

text: Electrodes[edit]

text: Graphite electrodes carry the electricity that melts scrap iron and steel, and sometimes direct-reduced iron (DRI), in electric arc furnaces, which are the vast majority of steel furnaces. They are made from petroleum coke after it is mixed with coal tar pitch. They are then extruded and shaped, baked to carbonize the binder (pitch), and finally graphitized by heating it to temperatures approaching 3000 °C, at which the carbon atoms arrange into graphite. They can vary in size up to 3.5 m (11 ft) long and 75 cm (30 in) in diameter. An increasing proportion of global steel is made using electric arc furnaces, and the electric arc furnace itself is becoming more efficient, making more steel per tonne of electrode. An estimate based on USGS data indicates that graphite electrode consumption was 197,000 tonnes in 2005.[10]

text: Electrolytic aluminium smelting also uses graphitic carbon electrodes. On a much smaller scale, synthetic graphite electrodes are used in electrical discharge machining (EDM), commonly to make injection molds for plastics.[46]

text: Powder and scrap[edit]

text: The powder is made by heating powdered petroleum coke above the temperature of graphitization, sometimes with minor modifications. The graphite scrap comes from pieces of unusable electrode material (in the manufacturing stage or after use) and lathe turnings, usually after crushing and sizing. Most synthetic graphite powder goes to carbon raising in steel (competing with natural graphite), with some used in batteries and brake linings. According to the USGS, US synthetic graphite powder and scrap production was 95,000 tonnes in 2001 (latest data).[10]

text: Neutron moderator[edit]

text: Special grades of synthetic graphite, such as Gilsocarbon,[47] also find use as a matrix and neutron moderator within nuclear reactors. Its low neutron cross-section also recommends it for use in proposed fusion reactors. Care must be taken that reactor-grade graphite is free of neutron absorbing materials such as boron, widely used as the seed electrode in commercial graphite deposition systems—this caused the failure of the Germans' World War II graphite-based nuclear reactors. Since they could not isolate the difficulty they were forced to use far more expensive heavy water moderators. Graphite used for nuclear reactors is often referred to as nuclear graphite.

text: Other uses[edit]

text: Graphite (carbon) fiber and carbon nanotubes are also used in carbon fiber reinforced plastics, and in heat-resistant composites such as reinforced carbon-carbon (RCC). Commercial structures made from carbon fiber graphite composites include fishing rods, golf club shafts, bicycle frames, sports car body panels, the fuselage of the Boeing 787 Dreamliner and pool cue sticks and have been successfully employed in reinforced concrete,  The mechanical properties of carbon fiber graphite-reinforced plastic composites and grey cast iron are strongly influenced by the role of graphite in these materials. In this context, the term "(100%) graphite" is often loosely used to refer to a pure mixture of carbon reinforcement and resin, while the term "composite" is used for composite materials with additional ingredients.[48]

text: Modern smokeless powder is coated in graphite to prevent the buildup of static charge.

text: Graphite has been used in at least three radar absorbent materials. It was mixed with rubber in Sumpf and Schornsteinfeger, which were used on U-boat snorkels to reduce their radar cross section. It was also used in tiles on early F-117 Nighthawk stealth strike fighters.

text: Graphite mining, beneficiation, and milling[edit]

text: Graphite is mined by both open pit and underground methods. Graphite usually needs beneficiation. This may be carried out by hand-picking the pieces of gangue (rock) and hand-screening the product or by crushing the rock and floating out the graphite. Beneficiation by flotation encounters the difficulty that graphite is very soft and "marks" (coats) the particles of gangue. This makes the "marked" gangue particles float off with the graphite, yielding impure concentrate. There are two ways of obtaining a commercial concentrate or product: repeated regrinding and floating (up to seven times) to purify the concentrate, or by acid leaching (dissolving) the gangue with hydrofluoric acid (for a silicate gangue) or hydrochloric acid (for a carbonate gangue).

text: In milling, the incoming graphite products and concentrates can be ground before being classified (sized or screened), with the coarser flake size fractions (below 8 mesh, 8–20 mesh, 20–50 mesh) carefully preserved, and then the carbon contents are determined. Some standard blends can be prepared from the different fractions, each with a certain flake size distribution and carbon content. Custom blends can also be made for individual customers who want a certain flake size distribution and carbon content. If flake size is unimportant, the concentrate can be ground more freely. Typical end products include a fine powder for use as a slurry in oil drilling and coatings for foundry molds, carbon raiser in the steel industry (Synthetic graphite powder and powdered petroleum coke can also be used as carbon raiser). Environmental impacts from graphite mills consist of air pollution including fine particulate exposure of workers and also soil contamination from powder spillages leading to heavy metal contamination of soil.

text: Occupational safety[edit]

text: People can be exposed to graphite in the workplace by breathing it in, skin contact, and eye contact.

text: United States[edit]

text: The Occupational Safety and Health Administration (OSHA) has set the legal limit (permissible exposure limit) for graphite exposure in the workplace as a time weighted average (TWA) of 15 million particles per cubic foot (1.5 mg/m3) over an 8-hour workday. The National Institute for Occupational Safety and Health (NIOSH) has set a recommended exposure limit (REL) of TWA 2.5 mg/m3 respirable dust over an 8-hour workday. At levels of 1250 mg/m3, graphite is immediately dangerous to life and health.[49]

text: Graphite recycling[edit]

text: The most common way of recycling graphite occurs when synthetic graphite electrodes are either manufactured and pieces are cut off or lathe turnings are discarded, or the electrode (or other) are used all the way down to the electrode holder. A new electrode replaces the old one, but a sizeable piece of the old electrode remains. This is crushed and sized, and the resulting graphite powder is mostly used to raise the carbon content of molten steel. Graphite-containing refractories are sometimes also recycled, but often not because of their graphite: the largest-volume items, such as carbon-magnesite bricks that contain only 15–25% graphite, usually contain too little graphite. However, some recycled carbon–magnesite brick is used as the basis for furnace-repair materials, and also crushed carbon–magnesite brick is used in slag conditioners. While crucibles have a high graphite content, the volume of crucibles used and then recycled is very small.

text: A high-quality flake graphite product that closely resembles natural flake graphite can be made from steelmaking kish. Kish is a large-volume near-molten waste skimmed from the molten iron feed to a basic oxygen furnace, and consists of a mix of graphite (precipitated out of the supersaturated iron), lime-rich slag, and some iron. The iron is recycled on site, leaving a mixture of graphite and slag. The best recovery process uses hydraulic classification (which utilizes a flow of water to separate minerals by specific gravity: graphite is light and settles nearly last) to get a 70% graphite rough concentrate. Leaching this concentrate with hydrochloric acid gives a 95% graphite product with a flake size ranging from 10 mesh down.


document_title: Throttle body spacer

question_text: what is the purpose of throttle body spacer

root

text: Throttle body spacer

text: This article does not cite any sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (June 2008) (Learn how and when to remove this template message)

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text:
A throttle body spacer is usually a 1-inch (25 mm) thick piece of metal that is bolted to the outlet of the throttle body upstream of air flow into the manifold. By changing the airflow, this after-market add-on  does claim to be a performance enhancing accessory that can increase an engine's horse power, torque and fuel economy. It functions by swirling or directing the air flow to maximize air volume to the manifold. There is much debate about the veracity of the manufacturers claims for these devices. The general consensus is that it works well on some engine configurations, and not at all, or adversely on others.
In 2009 the BBK Performance R&D Department performed extensive dyno testing of off the shelf throttle body spacers from other manufacturers. The intention was to determine whether or not throttle body spacers were a viable product that BBK could manufacture that would provide notable results for their customers. The tests were performed on Ford 4.6L 3-V, GM LS, and Mopar HEMI V8 applications using a Dynojet 248C dynamometer. The tests consisted of a baseline dyno run, cool down period, and a repeat test after the spacers were installed. None of the spacers produced any additional horsepower or torque when tested. The only notable change was a loss of 4 horsepower to the tires on the Mopar application with the spacer installed. An additional test was run after removing the spacer, resulting in a return of the lost horsepower. Proving that some spacers can actually rob power from an engine. After seeing the results, it was clear that throttle body spacers were simply gimmicks and provided no real performance value. BBK scrapped all plans to manufacture throttle body spacers.

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document_title: Capital punishment in the United States

question_text: when was the death penalty first used in the united states

question_tokens: when was the death penalty first used in the united states

text: Capital punishment in the United States

text: History[edit]

text: Pre-Furman history[edit]

text: The first recorded death sentence in the British North American colonies was carried out in 1608 on Captain George Kendall,[10] who was executed by firing squad[11] at the Jamestown colony for spying for the Spanish government.[12]

text: The Bill of Rights adopted in 1789 included the Eighth Amendment which prohibited cruel and unusual punishment. The Fifth Amendment was drafted with language implying a possible use of the death penalty, requiring a grand jury indictment for "capital crime" and a due process of law for deprivation of "life" by the government.[13] The Fourteenth Amendment adopted in 1868 also requires a due process of law for deprivation of life by any states.

text: The Espy file,[14] compiled by M. Watt Espy and John Ortiz Smykla, lists 15,269 people executed in the United States and its predecessor colonies between 1608 and 1991. From 1930 to 2002, there were 4,661 executions in the U.S., about two-thirds of them in the first 20 years.[15] Additionally, the United States Army executed 135 soldiers between 1916 and 1955 (the most recent).[16][17][18]

text: Early abolition movement[edit]

text: Three states abolished the death penalty for murder during the 19th century: Michigan (which has never executed a prisoner since achieving statehood) in 1846, Wisconsin in 1853 and Maine in 1887. Rhode Island is also a state with a long abolitionist background, having repealed the death penalty in 1852, though it was theoretically available for murder committed by a prisoner between 1872 and 1984.

text: Other states which abolished the death penalty for murder before Gregg v. Georgia include: Minnesota in 1911, Vermont in 1964, Iowa and West Virginia in 1965 and North Dakota in 1973. Hawaii abolished the death penalty in 1948 and Alaska in 1957, both before their statehood. Puerto Rico repealed it in 1929 and the District of Columbia in 1981. Arizona and Oregon abolished the death penalty by popular vote in 1916 and 1964 respectively, but both reinstated it, again by popular vote, some years later: Arizona in 1918 and Oregon in 1978.[19] Puerto Rico and Michigan are the only two U.S. jurisdictions to have explicitly prohibited capital punishment in their constitutions: in 1952 and 1964, respectively.

text: Constitutional law developments[edit]

text: Nevertheless, capital punishment continued to be used by a majority of states and the federal government for various crimes, especially murder and rape, from the creation of the United States up to the beginning of the 1960s. Until then, "save for a few mavericks, no one gave any credence to the possibility of ending the death penalty by judicial interpretation of constitutional law", according to abolitionist Hugo Bedau.[20]

text: The possibility of challenging the constitutionality of the death penalty became progressively more realistic after the Supreme Court of the United States decided Trop v. Dulles in 1958, when the court said explicitly for the first time that the Eighth Amendment's cruel and unusual clause must draw its meaning from the "evolving standards of decency that mark the progress of a maturing society", rather than from its original meaning. Also in the 1932 case Powell v. Alabama, the court made the first step of what would later be called "death is different" jurisprudence, when it held that any indigent defendant was entitled to a court-appointed attorney in capital cases - a right that was only later extended to non-capital defendants in 1963, with Gideon v. Wainwright.

text: Capital punishment suspended (1972)[edit]

text: In Furman v. Georgia, the U.S. Supreme Court considered a group of consolidated cases. The lead case involved an individual convicted under Georgia's death penalty statute, which featured a "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. The last pre-Furman execution was that of Luis Monge on June 2, 1967.

text: In a 5-4 decision, the Supreme Court struck down the impositions of the death penalty in each of the consolidated cases as unconstitutional in violation of the Eighth and Fourteenth Amendments of the United States Constitution. The Supreme Court has never ruled the death penalty to be per se unconstitutional. The five justices in the majority did not produce a common opinion or rationale for their decision, however, and agreed only on a short statement announcing the result. The narrowest opinions, those of Byron White and Potter Stewart, expressed generalized concerns about the inconsistent application of the death penalty across a variety of cases, but did not exclude the possibility of a constitutional death penalty law. Stewart and William O. Douglas worried explicitly about racial discrimination in enforcement of the death penalty. Thurgood Marshall and William J. Brennan Jr. expressed the opinion that the death penalty was proscribed absolutely by the Eighth Amendment as cruel and unusual punishment.

text: The Furman decision caused all death sentences pending at the time to be reduced to life imprisonment, and was described by scholars as a "legal bombshell".[4] The next day, columnist Barry Schweid wrote that it was "unlikely" that the death penalty could exist anymore in the United States.[21]

text: Capital punishment reinstated (1976)[edit]

text: Instead of abandoning capital punishment, 37 states enacted new death penalty statutes that attempted to address the concerns of White and Stewart in Furman. Some states responded by enacting mandatory death penalty statutes which prescribed a sentence of death for anyone convicted of certain forms of murder. White had hinted that such a scheme would meet his constitutional concerns in his Furman opinion. Other states adopted "bifurcated" trial and sentencing procedures, with various procedural limitations on the jury's ability to pronounce a death sentence designed to limit juror discretion.

text: On July 2, 1976, the U.S. Supreme Court decided Gregg v. Georgia[22] and upheld 7-2 a Georgia procedure in which the trial of capital crimes was bifurcated into guilt-innocence and sentencing phases. At the first proceeding, the jury decides the defendant's guilt; if the defendant is innocent or otherwise not convicted of first-degree murder, the death penalty will not be imposed. At the second hearing, the jury determines whether certain statutory aggravating factors exist, whether any mitigating factors exist, and, in many jurisdictions, weigh the aggravating and mitigating factors in assessing the ultimate penalty - either death or life in prison, either with or without parole. The same day, in Woodson v. North Carolina[23] and Roberts v. Louisiana,[24] the court struck down 5-4 statutes providing a mandatory death sentence.

text: Executions resumed on January 17, 1977, when Gary Gilmore went before a firing squad in Utah. Although hundreds of individuals were sentenced to death in the United States during the 1970s and early 1980s, only ten people besides Gilmore (who had waived all of his appeal rights) were actually executed prior to 1984.

text: Supreme Court narrows capital offenses[edit]

text: In 1977, the Supreme Court's Coker v. Georgia decision barred the death penalty for rape of an adult woman. Previously, the death penalty for rape of an adult had been gradually phased out in the United States, and at the time of the decision, Georgia and the U.S. Federal government were the only two jurisdictions to still retain the death penalty for that offense.

text: In the 1980 case Godfrey v. Georgia, the U.S. Supreme Court ruled that murder can be punished by death only if it involves a narrow and precise aggravating factor.[25]

text: The U.S. Supreme Court has placed two major restrictions on the use of the death penalty. First, the case of Atkins v. Virginia, decided on June 20, 2002,[26] held that the execution of intellectually disabled inmates is unconstitutional. Second, in 2005, the court's decision in Roper v. Simmons[27] struck down executions for offenders under the age of 18 at the time of the crime.

text: In the 2008 case Kennedy v. Louisiana, the court also held 5-4 that the death penalty is unconstitutional when applied to non-homicidal crimes against the person, including child rape. Only two death row inmates (both in Louisiana) were affected by the decision.[28] Nevertheless, the ruling came less than five months before the 2008 presidential election and was criticized by both major party candidates Barack Obama and John McCain.[29]

text: Repeal movements and legal challenges[edit]

text: In 2004, New York and Kansas capital sentencing schemes were struck down by their respective state highest courts. Kansas successfully appealed the Kansas Supreme Court decision to the United States Supreme Court, who reinstated the statute in Kansas v. Marsh (2006), holding it did not violate the U.S. Constitution. The decision of New York Court of Appeals was based on the state constitution, making unavailable any appeal. The state lower house has since blocked all attempts to reinstate the death penalty by adopting a valid sentencing scheme.[30] In 2016, Delaware's death penalty statute was also struck down by its state supreme court.[31]

text: In 2007, New Jersey became the first state to repeal the death penalty by legislative vote since Gregg v. Georgia,[32] followed by New Mexico in 2009,[33][34] Illinois in 2011,[35] Connecticut in 2012,[36][37] and Maryland in 2013.[38] The repeals were not retroactive, but in New Jersey, Illinois and Maryland, governors commuted all death sentences after enacting the new law.[39] In Connecticut, the Connecticut Supreme Court ruled in 2015 that the repeal must be retroactive. New Mexico is the only state with remaining death row inmates and no present death penalty statute.[40]

text: Nebraska's legislature also passed a repeal in 2015, but a referendum campaign gathered enough signatures to suspend it. Capital punishment was reinstated by popular vote on November 8, 2016. The same day, California's electorate defeated a proposal to repeal the death penalty, and adopted another initiative to speed up its appeal process.[41]

text: Since Furman, 11 states have organized popular votes dealing with the death penalty through the initiative and referendum process. All resulted in a vote for reinstating it, rejecting its abolition, expanding its application field, specifying in the state constitution that it is not unconstitutional, or expediting the appeal process in capital cases.[19]

text: States that have abolished the death penalty[edit]

text: 19 states, plus the District of Columbia and Puerto Rico have abolished the death penalty for all crimes. Below is a table of the 19 states and the date that the state abolished the death penalty.[42][43][44][45][46]

text:
State

Year

Alaska

1957

Connecticut

2012

Delaware

2016

District of Columbia

1981

Hawaii

1957

Illinois

2011

Iowa

1965

Maine

1887

Maryland

2013

Massachusetts

1984

Michigan

1846

Minnesota

1911

New Jersey

2007

New Mexico

2009

New York

2007

North Dakota

1975

Rhode Island

1984

Puerto Rico

1929

Vermont

1972

West Virginia

1965

Wisconsin

1853

text: Lethal injection era[edit]

text: From 1976 to July 1, 2018, there were 1,477 executions, of which 1,302 were by lethal injection, 158 by electrocution, 11 by gas inhalation, 3 by hanging, and 3 by firing squad.[47] The South had the great majority of these executions, with 1,207; there were 181 in the Midwest, 85 in the West, and only 4 in the Northeast. No state in the Northeast has conducted an execution since Connecticut, now abolitionist, in 2005. The state of Texas alone conducted 552 executions, over 1/3 of the total; the states of Texas, Virginia, and Oklahoma combined make up over half the total, with 777 executions between them.[48] 3 executions have been conducted by the federal government, the last in 2003. Executions increased in frequency until 1999; 98 prisoners were executed that year. Since 1999, the number of executions has greatly decreased, and the 20 executions in 2016 were the fewest since 1991.[6]

text: The death penalty was a notable issue during the 1988 presidential election. It came up in the October 13, 1988, debate between the two presidential nominees George H. W. Bush and Michael Dukakis, when Bernard Shaw, the moderator of the debate, asked Dukakis, "Governor, if Kitty Dukakis [his wife] were raped and murdered, would you favor an irrevocable death penalty for the killer?" Dukakis replied, "No, I don't, and I think you know that I've opposed the death penalty during all of my life. I don't see any evidence that it's a deterrent, and I think there are better and more effective ways to deal with violent crime." Bush was elected, and many, including Dukakis himself, cite the statement as the beginning of the end of his campaign.[49]

text: In 1996, Congress passed the Antiterrorism and Effective Death Penalty Act to streamline the appeal process in capital cases. The bill was signed into law by President Bill Clinton, who had endorsed capital punishment during his 1992 presidential campaign.

text: A study found that at least 34 of the 749 executions carried out in the U.S. between 1977 and 2001, or 4.5%, involved "unanticipated problems or delays that caused, at least arguably, unnecessary agony for the prisoner or that reflect gross incompetence of the executioner". The rate of these "botched executions" remained steady over the period.[50] A study published in The Lancet in 2005 found that in 43% of cases of lethal injection, the blood level of hypnotics in the prisoner was insufficient to ensure unconsciousness.[51] Nonetheless, the Supreme Court ruled in 2008 (Baze v. Rees) and again in 2015 (Glossip v. Gross) that lethal injection does not constitute cruel and unusual punishment.[52]

text: Women's history and capital punishment[edit]

text: In 1632, 24 years after the first recorded male execution in the colonies, Jane Champion became the first woman to be lawfully executed.[53] She was sentenced to death by hanging after she was convicted of murder in front of a grand jury.[54] The second half of the 17th century saw the executions of 14 women and 6 men who were accused of witchcraft during the witch hunt hysteria and the Salem Witch Trials.  While both men and women were  executed, 80% of the accusations were towards women, so the list of executions disproportionately affected men by a margin of 6 (actual) to 4 (expected), i.e. 50% more men were executed than expected from the percentage of accused who were men.[55]

text: Other notable female executions include Mary Surratt, Margie Velma Barfield and Wanda Jean Allen.  Mary Surratt was executed by hanging in 1865 after being convicted of co-conspiring to assassinate Abraham Lincoln.[56] Margie Velma Barfield was convicted of murder and when she was executed by lethal injection in 1984, she became the first woman to be executed since the ban on capital punishment was lifted in 1976.[57] Wanda Jean Allen was convicted of murder in 1989 and had a high-profile execution by lethal injection in January 2001.  She was the first black woman to be executed in the US since 1954.[58]  According to Allen's lawyers, prosecutors capitalized on her low IQ, race and homosexuality in their representations of her as a murderer at trial.[59]

text: Capital crimes[edit]

text: Aggravated murder[edit]

text:
Aggravating factors for seeking capital punishment of murder vary greatly among death penalty states. California has twenty-two;[60] New Hampshire has seven.[61]
Some aggravating circumstances are nearly universal, such as robbery-murder, murder involving rape of the victim, and murder of an on-duty police officer.[62]

text: Several states have included child murder to their list of aggravating factors, but the victim's age under which the murder is punishable by death varies. In 2011, Texas raised this age from six to ten.[63]

text: In some states, the high number of aggravating factors has been criticized on account of giving prosecutors too much discretion in choosing cases where they believe capital punishment is warranted. In California especially, an official commission proposed, in 2008, to reduce these factors to five (multiple murders, torture murder, murder of a police officer, murder committed in jail, and murder related to another felony).[64] Columnist Charles Lane went further, and proposed that murder related to a felony other than rape should no longer be a capital crime when there is only one victim killed.[65]

text: Aggravating factors[edit]

text: In order for a person to be eligible for a death sentence when convicted of aggravated first-degree murder, the jury or court (when there is not a jury) must determine at least one of sixteen aggravating factors that existed during the crime's commission. The following is a list of the 16 aggravating factors.[66]

text:
Murder while committing another felony.[67]
Offender was convicted of a separate felony involving a firearm prior to the aggravated murder.
Being convicted of a separate felony where death or life imprisonment was authorized prior to the aggravated murder.
Being convicted of any separate violent felony prior to the aggravate murder.
The offender put the lives of at least 1 or more other persons in danger of death during the commission of the crime.
Offender committed the crime in an especially cruel, heinous, or depraved manner.
Offender committed the crime for financial gain.
Offender committed the crime for monetary gain.
The murder was premeditated, involved planning in order to be carried out, or the offender showed early signs of committing the crime, such as keeping a journal of the crime's details[68] and posting things on the Internet.[69]
Offender was previously convicted of at least two drug offenses.
The victim would not have been able to defend themselves while being attacked.
Offender was previously convicted of a federal drug offense.
Offender was involved in a long-term business of selling drugs to minors.
A high-ranking official was murdered, such as the President of the United States, the leader of another country, or a police officer.
Offender was previously convicted of sexual assault or child rape.
During the crime's commission, the offender killed or tried to kill multiple people.[70]

tag: ol

text: Crimes against the state[edit]

text: The opinion of the court in Kennedy v. Louisiana says that the ruling does not apply to "treason, espionage, terrorism, and drug kingpin activity, which are offenses against the State".[71]

text: Since no one is on death row for such offenses, the court has yet to rule on the constitutionality of the death penalty applied for them.

text: Treason, espionage and large-scale drug trafficking are all capital crimes under federal law. Treason is also punishable by death in six states (Arkansas, California, Georgia, Louisiana, Mississippi, and Missouri). Vermont still has a pre-Furman statute providing the death penalty for treason despite removing capital punishment for murder in 1965.[72] Large-scale drug trafficking is punishable by death in two states (Florida and Missouri).[73] Aircraft hijacking is a capital crime in Georgia and Mississippi.

text: Legal process[edit]

text: The legal administration of the death penalty in the United States typically involves five critical steps: (1) prosecutorial decision to seek the death penalty (2) sentencing, (3) direct review, (4) state collateral review, and (5) federal habeas corpus.

text: Clemency, through which the Governor or President of the jurisdiction can unilaterally reduce or abrogate a death sentence, is an executive rather than judicial process.[74]

text: Decision to seek the death penalty[edit]

text: While judges in criminal cases can usually impose a harsher prison sentence than the one demanded by prosecution, the death penalty can be handed down only if the accuser has specifically decided to seek it.

text: In the decades since Furman, new questions have emerged about whether or not prosecutorial arbitrariness has replaced sentencing arbitrariness. A study by Pepperdine University School of Law published in Temple Law Review, surveyed the decision-making process among prosecutors in various states. The authors found that prosecutors' capital punishment filing decisions remain marked by local "idiosyncrasies", suggesting they are not in keeping with the spirit of the Supreme Court's directive. This means that "the very types of unfairness that the Supreme Court sought to eliminate" may still "infect capital cases". Wide prosecutorial discretion remains because of overly broad criteria. California law, for example, has 22 "special circumstances", making nearly all premeditated murders potential capital cases.[75]

text: A proposed remedy against prosecutorial arbitrariness is to transfer the prosecution of capital cases to the state attorney general.[76]

text: Sentencing[edit]

text: Of the 31 states with the death penalty, 28 provide the sentence to be decided by a jury, and 28 require a unanimous sentence.

text: The only state which does not require a unanimous jury decision is Alabama. In Alabama, at least 10 jurors must concur. A retrial happens if the jury deadlocks.[77]

text: Nebraska is the only state in which the sentence is decided by a three-judge panel. If one of the judges on the panel opposes death, the defendant is sentenced to life imprisonment.[78]

text: Montana is the only state where the trial judge decides the sentence alone.[79]

text: In all states in which the jury is involved, only death-qualified veniremen can be selected in such a jury, to exclude both people who will always vote for the death sentence and those who are categorically opposed to it.

text: However, the states differ on what happens if the penalty phase results in a hung jury:[80][81]

text:
In four states (Arizona, California, Kentucky and Nevada), a retrial of the penalty phase will be conducted before a different jury (the common-law rule for mistrial).[82]
In two states (Indiana and Missouri), the judge will decide the sentence.
In the 22 other states, a hung jury results in a life sentence, even if only one juror opposed death. Federal law also provides that outcome.

text: The first outcome is referred as the "true unanimity" rule, while the third has been criticized as the "single-juror veto" rule.[83]

text: Direct review[edit]

text: If a defendant is sentenced to death at the trial level, the case then goes into a direct review.[84] The direct review process is a typical legal appeal. An appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether the decision was legally sound or not.[85] Direct review of a capital sentencing hearing will result in one of three outcomes. If the appellate court finds that no significant legal errors occurred in the capital sentencing hearing, the appellate court will affirm the judgment, or let the sentence stand.[84] If the appellate court finds that significant legal errors did occur, then it will reverse the judgment, or nullify the sentence and order a new capital sentencing hearing.[86] Lastly, if the appellate court finds that no reasonable juror could find the defendant eligible for the death penalty, a rarity, then it will order the defendant acquitted, or not guilty, of the crime for which he/she was given the death penalty, and order him sentenced to the next most severe punishment for which the offense is eligible.[86] About 60 percent survive the process of direct review intact.[87]

text: State collateral review[edit]

text: At times when a death sentence is affirmed on direct review, supplemental methods to attack the judgment, though less familiar than a typical appeal, do remain. These supplemental remedies are considered collateral review, that is, an avenue for upsetting judgments that have become otherwise final.[88] Where the prisoner received his death sentence in a state-level trial, as is usually the case, the first step in collateral review is state collateral review, which is often called state habeas corpus. (If the case is a federal death penalty case, it proceeds immediately from direct review to federal habeas corpus.) Although all states have some type of collateral review, the process varies widely from state to state.[89] Generally, the purpose of these collateral proceedings is to permit the prisoner to challenge his sentence on grounds that could not have been raised reasonably at trial or on direct review.[90] Most often, these are claims, such as ineffective assistance of counsel, which requires the court to consider new evidence outside the original trial record, something courts may not do in an ordinary appeal. State collateral review, though an important step in that it helps define the scope of subsequent review through federal habeas corpus, is rarely successful in and of itself. Only around 6 percent of death sentences are overturned on state collateral review.[91]

text: In Virginia, state habeas corpus for condemned men are heard by the state supreme court under exclusive original jurisdiction since 1995, immediately after direct review by the same court.[92] This avoids any proceeding before the lower courts, and is in part why Virginia has the shortest time on average between death sentence and execution (less than eight years) and has executed 113 offenders since 1976 with only five remaining on death row as of June 2017.[93][94]

text: To reduce litigation delays, other states require convicts to file their state collateral appeal before the completion of their direct appeal,[95] or provide adjudication of direct and collateral attacks together in a "unitary review".[96]

text: Federal habeas corpus[edit]

text: After a death sentence is affirmed in state collateral review, the prisoner may file for federal habeas corpus, which is a unique type of lawsuit that can be brought in federal courts. Federal habeas corpus is a type of collateral review, and it is the only way that state prisoners may attack a death sentence in federal court (other than petitions for certiorari to the United States Supreme Court after both direct review and state collateral review). The scope of federal habeas corpus is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which restricted significantly its previous scope. The purpose of federal habeas corpus is to ensure that state courts, through the process of direct review and state collateral review, have done a reasonable job in protecting the prisoner's federal constitutional rights. Prisoners may also use federal habeas corpus suits to bring forth new evidence that they are innocent of the crime, though to be a valid defense at this late stage in the process, evidence of innocence must be truly compelling.[97] According to Eric Freedman, 21 percent of death penalty cases are reversed through federal habeas corpus.[91]

text: James Liebman, a professor of law at Columbia Law School, stated in 1996 that his study found that when habeas corpus petitions in death penalty cases were traced from conviction to completion of the case, there was "a 40 percent success rate in all capital cases from 1978 to 1995".[98] Similarly, a study by Ronald Tabak in a law review article puts the success rate in habeas corpus cases involving death row inmates even higher, finding that between "1976 and 1991, approximately 47 percent of the habeas petitions filed by death row inmates were granted".[99] The different numbers are largely definitional, rather than substantive: Freedam's statistics looks at the percentage of all death penalty cases reversed, while the others look only at cases not reversed prior to habeas corpus review.

text: A similar process is available for prisoners sentenced to death by the judgment of a federal court.[100]

text: The AEDPA also provides an expeditious habeas procedure in capital cases for states meeting several requirements set forth in it concerning counsel appointment for death row inmates.[101] Under this program, federal habeas corpus for condemned prisoners would be decided in about three years from affirmance of the sentence on state collateral review. In 2006, Congress conferred the determination of whether a state fulfilled the requirements to the U.S. attorney general, with a possible appeal of the state to the United States Court of Appeals for the District of Columbia Circuit. As of March 2016, the Department of Justice has still not granted any certifications.[102]

text: Section 1983[edit]

text: If the federal court refuses to issue a writ of habeas corpus, the death sentence becomes final for all purposes. In recent times, however, prisoners have postponed execution through another way of federal litigation using the Civil Rights Act of 1871 - codified at 42 U.S.C. § 1983 - which allows people to bring lawsuits against state actors to protect their federal constitutional and statutory rights.

text: While the aforementioned appeals are normally limited to one and automatically stay the execution of the death sentence, Section 1983 lawsuits are unlimited, but the petitioner will be granted a stay of execution only if the court believes he has a likelihood of success on the merits.[103]

text: Traditionally, Section 1983 was of limited use for a state prisoner under sentence of death because the Supreme Court has held that habeas corpus, not Section 1983, is the only vehicle by which a state prisoner can challenge his judgment of death.[104] In the 2006 Hill v. McDonough case, however, the United States Supreme Court approved the use of Section 1983 as a vehicle for challenging a state's method of execution as cruel and unusual punishment in violation of the Eighth Amendment. The theory is that a prisoner bringing such a challenge is not attacking directly his judgment of death, but rather the means by which that the judgment will be carried out. Therefore, the Supreme Court held in the Hill case that a prisoner can use Section 1983 rather than habeas corpus to bring the lawsuit. Yet, as Clarence Hill's own case shows, lower federal courts have often refused to hear suits challenging methods of execution on the ground that the prisoner brought the claim too late and only for the purposes of delay. Further, the Court's decision in Baze v. Rees, upholding a lethal injection method used by many states, has narrowed the opportunity for relief through Section 1983.

text: Execution warrant[edit]

text: While the execution warrant is issued by the governor in several states, in the vast majority it is a judicial order, issued by a judge or by the state supreme court at the request of the prosecution.

text: The warrant usually sets an execution day. Some states instead provide a longer period, such as a week or 10 days to carry out the execution. This is designated to avoid issuing a new warrant in case of a last-minute stay of execution that would be vacated only few days or few hours later.[105]

text: Distribution of sentences[edit]

text: Within the context of the overall murder rate, the death penalty cannot be said to be widely or routinely used in the United States; in recent years the average has been about one death sentence for every 200 murder convictions.

text: Alabama has the highest per capita rate of death sentences. This is because Alabama was one of the few states that allowed judges to override a jury recommendation in favor of life imprisonment, a possibility it removed in March 2017.[106][107]

text: Among states[edit]

text: The distribution of death sentences among states is loosely proportional to their populations and murder rates. California, which is the most populous state, has also the largest death row with over 700 inmates. Wyoming, which is the least populous state, has only one condemned man.

text: But executions are more frequent (and happen more quickly after sentencing) in conservative states. Texas, which is the second most populous state of the Union, carried out over 500 executions during the post-Furman era, more than a third of the national total. California has carried out only 13 executions during the same period, and has carried out none since 2006.[108][109][110]

text: Among races[edit]

text: African Americans made up 41% of death row inmates while making up only 12.6% of the general population. They have made up 34% of those actually executed since 1976. However, this is an under-representation relative to the proportion of convicted murderers; 52.5% of all homicide offenders between 1980 and 2008 were African Americans.[111] According to a 2003 Amnesty International report, blacks and whites were the victims of murder in almost equal numbers, yet 80% of the people executed since 1977 were convicted of murders involving white victims.[112]

text: Approximately 13.5% of death row inmates are of Hispanic or Latino descent, while they make up 17.4% of the general population.[113]

text: Among sexes[edit]

text: As of October 1, 2016, the Death Penalty Information Center reports that there are only 54 women on death row.  This constitutes 1.86% of the total death row population.  16 women have been executed since 1976,[114] while 1442 men have been executed.[115]  15,391 total confirmed lawful executions have been carried out in the US since 1608, and of these, 575, or 3.6%, were women.  Women account for 1/50 death sentences, 1/67 people on death row, and 1/100 people whose executions are actually carried out.  The states that have executed the most women are California, Texas and Florida. For women, the racial breakdown of those sentenced to death is 21% black, 13% Latina, 2% American Indian, 61% white and 3% Asian.[114]

text: Methods[edit]

text: All 31 states with the death penalty provide lethal injection as the primary method of execution.

text: Some states allow other methods than lethal injection, but only as secondary methods to be used merely at the request of the prisoner or if lethal injection is unavailable.[116][117]

text: Several states continue to use the historical three-drug protocol: an anesthetic, pancuronium bromide a paralytic, and potassium chloride to stop the heart.[118] Eight states have used a single-drug protocol, inflicting only an overdose of a single anesthetic to the prisoner.[118]

text: While some state statutes specify the drugs required, a majority do not, giving more flexibility to corrections officials.[118]

text: Pressures from anti-death penalty activists and shareholders have made it difficult for correctional services to get the chemicals. Hospira, the only U.S. manufacturer of sodium thiopental, stopped making the drug in 2011.[119] In 2016, it was reported that more than 20 U.S. and European drug manufacturers including Pfizer (the owner of Hospira) had taken steps to prevent their drugs from being used for lethal injections.[119][120][121]

text: Since then, some states have used other anesthetics, such as pentobarbital, etomidate,[122] or fast-acting benzodiazepines like midazolam.[123] Many states have since bought lethal injection drugs from foreign furnishers, and most states have made it a criminal offense to reveal the identities of furnishers or execution team members.[119][124] In November 2015, California adopted regulations allowing the state to use its own public compounding pharmacies to make the chemicals.[125]

text: In 2009, Ohio approved the use of an intramuscular injection of 500 mg of hydromorphone (a 333-fold overdose for an opioid-naïve patient of this narcotic analgesic closely related to and five times stronger than morphine; this is the equivalent of an entire 50-ml bottle of Dilaudid HP, the most powerful commercially available form, although the advantage of hydromorphone is its very high solubility allowing for solutions of almost arbitrary concentration; 500 mg of hydromorphone HCl as pure powder can be dissolved in isotonic saline in volumes as small as under 2 cc)[126] and a supratherapeutic dose of midazolam as a backup means of carrying out executions when a suitable vein cannot be found for intravenous injection.[127][128]

text: Lethal injection was held to be a constitutional method of execution by the U.S. Supreme Court in two cases: Baze v. Rees (2008) and Glossip v. Gross (2015).[129][130]

text: Offender-selected methods[edit]

text: In the following states, death row inmates with an execution warrant may choose to be executed by:[116][117]

text:
Electrocution in Alabama, Arkansas, Florida, Kentucky, South Carolina, Tennessee and Virginia.
Gas inhalation in Arizona and California.
Firing squad in Utah.
Hanging in Washington.

text: In five states (Arizona, Arkansas, Kentucky, Tennessee and Utah), the alternative method is offered only to inmates sentenced to death for crimes committed prior to a specified date (usually when the state switched from the earlier method to lethal injection).

text: When an offender chooses to be executed by a means different from the state default method, which is always lethal injection, he/she loses the right to challenge its constitutionality in court. See Stewart v. LaGrand, 526 US 115 (1999).

text: The last executions by methods other than injection are as follows (all chosen by the inmate):

text:
Method
Date
State
Inmate

Electrocution

January 16, 2013

Virginia

Robert Gleason

Firing squad

June 18, 2010

Utah

Ronnie Lee Gardner

Lethal gas

March 3, 1999

Arizona

Walter LaGrand

Hanging

January 25, 1996

Delaware

William Bailey

text: Backup methods[edit]

text: Depending on the state, the following alternative methods are statutorily provided in the event that lethal injection is either found unconstitutional by a court or unavailable for practical reasons:[116][117][131]

text:
Electrocution in Florida, Oklahoma, South Carolina and Tennessee.
Gas inhalation in Alabama, California, Missouri, Oklahoma and Wyoming.
Firing squad in Oklahoma and Utah.
Hanging in New Hampshire.

text: Oklahoma is the only state allowing more than two methods of execution in its statutes, providing lethal injection, nitrogen hypoxia, electrocution and firing squad to be used in that order in the event that all earlier methods are unavailable. The nitrogen option was added by the Oklahoma Legislature in 2015 and has never been used in a judicial execution, though it is routinely used to give a painless death in animal euthanasia.[132]

text: Three states (Oklahoma, Tennessee and Utah) have added back-up methods recently in 2014 or 2015 (or have expanded their application fields) in reaction to the shortage of lethal injection drugs.[133]

text: Some states such as Florida have a larger provision dealing with execution methods unavailability, requiring their state departments of corrections to use "any constitutional method" if both lethal injection and electrocution are found unconstitutional. This was designed to make unnecessary any further legislative intervention in that event, but the provision applies only to legal (not practical) infeasibility.[134][135]

text: In May 2016, an Oklahoma grand jury recommended the state to use nitrogen hypoxia as its primary method of execution rather than as a mere backup, after experts testified that the method would be painless, easy and "inexpensive".[136]

text: Federal executions[edit]

text: The method of execution of federal prisoners for offenses under the Violent Crime Control and Law Enforcement Act of 1994 is that of the state in which the conviction took place. If the state has no death penalty, the judge must choose a state with the death penalty for carrying out the execution.

text: The federal government has a facility (at U.S. Penitentiary Terre Haute) and regulations only for executions by lethal injection, but the United States Code allows U.S. Marshals to use state facilities and employees for federal executions.[137][138]

text: Execution attendance[edit]

text: The last public execution in the U.S. was that of Rainey Bethea in Owensboro, Kentucky, on August 14, 1936.

text: It was the last execution in the nation at which the general public was permitted to attend without any legally imposed restrictions. "Public execution" is a legal phrase, defined by the laws of various states, and carried out pursuant to a court order. Similar to "public record" or "public meeting", it means that anyone who wants to attend the execution may do so.

text: Around 1890, a political movement developed in the United States to mandate private executions. Several states enacted laws which required executions to be conducted within a "wall" or "enclosure", or to "exclude public view". Most states laws currently use such explicit wording to prohibit public executions, while others do so only implicitly by enumerating the only authorized witnesses.[139]

text:
All states allow news reporters to be execution witnesses for information of the general public, except Wyoming which allow only witnesses authorized by the condemned.[140][141][142]
Several states also allow victims' families and relatives selected by the prisoner to watch executions. An hour or two before the execution, the condemned is offered religious services and to choose his last meal (except in Texas which abolished it in 2011).

text: The execution of Timothy McVeigh on June 11, 2001, was witnessed by over 200 people, most by closed-circuit television.

text: Public opinion[edit]

text: Gallup, Inc. monitors support for the death penalty in the United States since 1937 by asking "Are you in favor of the death penalty for a person convicted of murder?" Gallup surveys document a sharp increase in support for capital punishment between 1966 and 1994 clearly in response to rising violent crime rates during this period (e.g. Page and Shapiro 1992.) However, with the dramatic surge in arguments questioning the fairness of the sentence (due, in part, to DNA exonerations of death row inmates in the national media in the late 1990s (Baumgartner, De Boef, and Boydstun 2004 The Decline of the Death Penalty and the Discovery of Innocence ),[143] support then began to wane, falling from 80% in 1994 to 66% in 2000. Moreover, approval varies substantially depending on the characteristics of the target and the alternatives posed, with much lower support for putting juveniles and the mentally ill to death (26% and 19%, respectively, in 2002) and for the alternative of life imprisonment without the possibility of parole (52% in 2003) Gallup 2005). Given the fact that attitudes toward this policy are often responsive to events, to characteristics of the target, and to alternatives, the conventional wisdom—that death penalty attitudes are impervious to change—is surely overstated. Accordingly, any analysis of death penalty attitudes must account for the responsiveness of such attitudes, as well as their reputed resistance to change[144]

text: In the October 2016 Gallup poll, 60% of respondents said they were in favor and 37% were opposed.[145]

text: Pew Research polls have demonstrated declining American support for the death penalty: 80% in 1974, 78% in 1996, 55% in 2014, and 49% in 2016.[146][147] The 2014 poll showed significant differences by race: 63% of whites, 40% of Hispanics, and 36% of blacks, respectively, supported the death penalty in that year.

text: However in 2018 Polls showed Public support for the death penalty increased up to 54% up from 49%. Since 2016, opinions among Republicans and Democrats have changed little, but the share of independents favoring the death penalty has increased 8 percentage points (from 44% to 52%).[148]

text: A 2010 poll found that 61% of voters would choose a penalty other than the death sentence for murder.[149] When persons surveyed are given a choice between the death penalty and life without parole for persons convicted of capital crimes, support for execution has traditionally been significantly lower than in polling that asks only if a person does or does not support the death penalty. In 2010, for instance, a Gallup poll that offered a choice showed 49% favoring the death penalty, and 46% favoring life imprisonment.[150]

text: On the other hand, in November 2009, another Gallup poll found that 77% of Americans say that September 11 attacks' mastermind Khalid Sheikh Mohammed should get the death penalty if convicted, including 12 who normally opposed the death penalty when asked the 1937 question.[151] A similar result was found in 2001 when respondents were polled about the execution of Timothy McVeigh for the Oklahoma City Bombing that killed 168 victims.[152]

text: Debate[edit]

text: Capital punishment is a controversial issue, with many prominent organizations and individuals participating in the debate. Amnesty International and other groups oppose capital punishment on moral grounds.

text: Some law enforcement organizations, and some victims' rights groups support capital punishment.

text: The United States is one of the four developed countries that still practice capital punishment, along with Japan, Singapore, and Taiwan.

text: Religious groups are widely split on the issue of capital punishment.[153] The Fiqh Council of North America, a group of highly influential Muslim scholars in the United States, has issued a fatwa calling for a moratorium on capital punishment in the United States until various preconditions in the legal system are met.[154]

text: In October 2009, the American Law Institute voted to disavow the framework for capital punishment that it had created in 1962, as part of the Model Penal Code, "in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment". A study commissioned by the institute had said that experience had proved that the goal of individualized decisions about who should be executed and the goal of systemic fairness for minorities and others could not be reconciled.[155] As of  2017[update], 159 prisoners have been exonerated due to evidence of their innocence.[149][156][8]

text: Advocates of the death penalty say that it deters crime, is a good tool for prosecutors in plea bargaining,[157] improves the community by eliminating recidivism by executed criminals, provides "closure" to surviving victims or loved ones, and is a just penalty.

text: The murder rate is highest in the South (6.5 per 100,000 in 2016), where 80% of executions are carried out, and lowest in the Northeast (3.5 per 100,000), with less than 1% of executions. A report by the US National Research Council in 2012 stated that studies claiming a deterrent effect are "fundamentally flawed" and should not be used for policy decisions.[149]

text: According to a survey of the former and present presidents of the country's top academic criminological societies, 88% of these experts rejected the notion that the death penalty acts as a deterrent to murder.

text: Data shows that the application of the death penalty is strongly influenced by racial bias.[149] Furthermore, some opponents argue that it is applied in an arbitrary manner by a criminal justice system that has been shown to be biased through the systemic influence of socio-economic, geographic, and gender factors.[158] Another argument in the capital punishment debate is the cost.[159][149]

text: Various commentators predicted that the death penalty would likely have disappeared in the United States if Hillary Clinton had been elected U.S. President in November 2016 and allowed to appoint a liberal Supreme Court Justice to replace the late Antonin Scalia. Because Donald Trump won and citizens in three states voted the same day for ballot measures supporting capital punishment, columnists came to the conclusion that it will remain indefinitely.[160][161][162]

text: Botched executions[edit]

text: One of the main arguments against the use of capital punishment in the United States is that there has been a long history of botched executions. University of Colorado Boulder Professor Michael L. Radelet described a "botched execution" as an execution that causes the prisoner to suffer for a long period of time before they die.[163] This has led to citizens having the opinion that capital punishment is cruel and unusual punishment. The following is a short list of examples of botched executions that have occurred in the United States.

text:
William Kemmler was the first person executed in the electric chair in 1890. After being pronounced dead after 17 seconds, he was found to be still alive. A second current was passed through him, which was successful. The execution took 2 minutes.[164]
In Arizona, it took Joseph Wood 2 hours to die after being injected.[165]
In Alabama, the execution of Doyle Hamm was cancelled after the prison medical staff had failed to find a vein to insert the lethal injection needle. They attempted for 2 and a half hours and punctured Hamm's skin at least 10 times.[166]
In Florida, Jesse Joseph Tafero had flames burst from his hair during an electrocution.[167]
Wallace Wilkerson died after 27 minutes in pain after the firing squad failed to shoot him in the heart.[168] Because of this, the constitutionality of the use of the firing squad was questioned. The Supreme Court of the United States affirmed that the firing squad did not violate the 8th Amendment in the case Wilkerson v. Utah (1879).[169]
In New Mexico, Thomas Ketchum was decapitated when his body fell through the trap door during his hanging.[170]
In Mississippi, Jimmy Lee Gray died after being in the gas chamber for 9 minutes. During the procedure, Gray thrashed and banged his head against the metal pole behind his head while struggling to breathe.[171]

text: Clemency and commutations[edit]

text: The largest number of clemencies was granted in January 2003 in Illinois when outgoing Governor George Ryan, who had already imposed a moratorium on executions, pardoned four death-row inmates and commuted the sentences of the remaining 167 to life in prison without the possibility of parole.[172] When Governor Pat Quinn signed legislation abolishing the death penalty in Illinois in March 2011, he commuted the sentences of the fifteen inmates on death row to life imprisonment.[35]

text: Previous post-Furman mass clemencies took place in 1986 in New Mexico, when Governor Toney Anaya commuted all death sentences because of his personal opposition to the death penalty. In 1991, outgoing Ohio Governor Dick Celeste commuted the sentences of eight prisoners, among them all four women on the state's death row. And during his two terms (1979-1987) as Florida's Governor, Bob Graham, although a strong death penalty supporter who had overseen the first post-Furman involuntary execution as well as 15 others, agreed to commute the sentences of six people on the grounds of doubts about guilt or disproportionality.

text: Execution hiatus[edit]

text: All executions were suspended through the country between September 2007 and April 2008. At that time, the U.S. Supreme Court was examining the constitutionality of lethal injection in Baze v. Rees. This was the longest period with no executions in the United States since 1982. The Supreme Court ultimately upheld this method in a 7–2 ruling.

text: In addition to the states that have no valid death penalty statute, the following states and jurisdictions are noted that have an official moratorium, or have had no executions for more than ten years, as of 2018:

text:
State / Jurisdiction

Status

Hiatus status[173]

Federal

de facto

No executions since 2003

Military

de facto

No executions since 1961

Arizona

by Attorney General

In 2014, Attorney General indefinitely stayed executions

California

de facto

No executions since 2006[174]

Colorado

by Governor

In 2013, Governor set a moratorium

Kentucky

by court order

In 2009, a federal judge suspended executions pending a new protocol[175]

Montana

by court order

In 2015, a federal judge ruled the state's lethal injection protocol is unlawful, stopping executions[176]

Nebraska

de facto

No executions since 1997

Nevada

de facto

No executions since  2006

North Carolina

by implementers

executions are suspended following a decision by the state's medical board that physicians cannot participate in executions, which is a requirement under state law.

Oklahoma

by implementers

In 2014, state Dept. of Corrections recommended an indefinite hold on executions after a botched execution

Oregon

by Governor

In 2011, Governor announced a moratorium and a review

Pennsylvania

by Governor

In 2015, Governor announced a moratorium pending review

Washington

by Governor

In 2014, Governor announced a moratorium and reprieve for new cases

Wyoming

de facto

No executions since 1992

text: In addition to the above, Kansas (last execution 1965) and New Hampshire (last execution 1939) have also had no executions for over ten years, but in these states it is because of the lack of death row inmates having exhausted the appeal process.

text: Since 1976, four states have executed only condemned prisoners who voluntarily waived further appeals: Pennsylvania has executed three inmates, Oregon two, Connecticut one, and New Mexico one.

text: In North Carolina, executions are suspended following a decision by the state's medical board that physicians cannot participate in executions, which is a requirement under state law.

text: In California, United States District Judge Jeremy Fogel suspended all executions in the state on December 15, 2006, ruling that the implementation used in California was unconstitutional but that it could be fixed.[177]

text: On November 25, 2009, the Kentucky Supreme Court suspended executions until the state adopts regulations for carrying out the penalty by lethal injection.[178]

text: In November 2011, Oregon Governor John Kitzhaber announced a moratorium on executions in Oregon, canceling a planned execution and ordering a review of the death penalty system in the state.[179]

text: On February 11, 2014, Washington Governor Jay Inslee announced a capital punishment moratorium. All death penalty cases that come to Inslee will result in him issuing a reprieve, not a pardon or commutation.[180]

text: On February 13, 2015, Pennsylvania Governor Tom Wolf announced a moratorium on the death penalty. Wolf will issue a reprieve for every execution until a commission on capital punishment, which was established in 2011 by the Pennsylvania State Senate, produces a recommendation.[181] Effectively there was a moratorium in place, as the state had not executed anyone since Gary M. Heidnik in 1999.


document_title: Holozoic nutrition

question_text: what do you mean by holozoic mode of nutrition

text: Holozoic nutrition

text: Holozoic nutrition (Greek: holo-whole ; zoikos-of animals) is a type of heterotrophic nutrition that is characterized by the internalization (ingestion) and internal processing of gaseous, liquids or solid food particles.[1] Protozoa, such as amoebas, and most of the free living animals, such as humans, exhibit this type of nutrition.

text: In Holozoic nutrition the energy and organic building blocks are obtained by ingesting and then digesting other organisms or pieces of other organisms, including blood and decaying organic matter. This contrasts with holophytic nutrition, in which energy and organic building blocks are obtained through photosynthesis or chemosynthesis, and with saprozoic nutrition, in which digestive enzymes are released externally and the resulting monomers (small organic molecules) are absorbed directly from the environment.

text: There are several stages of holozoic nutrition, which often occur in separate compartments within an organism (such as the stomach and intestines):

text:
Ingestion: In animals, this is merely taking food in through the mouth. In protozoa, this most commonly occurs through phagocytosis.
Digestion: The physical breakdown of complex large and organic food particles and the enzymatic breakdown of complex organic compounds into small, simple molecules.
Absorption: The active and passive transport of the chemical products of digestion out of the food-containing compartment and into the body or cytoplasm.
Assimilation: Utilization of the absorbed molecules for various metabolic processes.
Egestion: The expulsion of undigested material, commonly called defecating.