James Terry Roach
Encyclopedia
James Terry Roach was the second person to be executed by the state of South Carolina
following the 1976 decision by the U.S. Supreme Court
reauthorizing the use of capital punishment
by the states. He was electrocuted on January 10, 1986, nearly a year to the day following the electrocution
of his accomplice, Joseph Carl Shaw
on January 11, 1985, at the Central Correctional Institution in Columbia
. He was executed at the age of 25 for a crime committed when he was 17 years old.
He was convicted of the rape and murder of a fourteen year old girl and the murder of her seventeen year old boyfriend. Roach was seventeen years old when he committed the crimes. Evidence presented at the trial showed that Roach was mentally retarded, with an I.Q. between 75 and 80 and that he was probably suffering from Huntington's Chorea. Moreover, the sentencing judge found that Roach was under the influence of Shaw when the crimes were committed. Despite these mitigating factors, the sentencing judge declared that the death penalty was warranted in this case.
The sentence was upheld on appeal by the South Carolina Supreme Court
. Several attempts to seek review of the case or to bring a petition of habeas corpus
were unsuccessful. The US Supreme Court declined to grant him certiorari
or to review the case.
The case of James Terry Roach was brought before the Inter-American Commission on Human Rights
, which found by five votes to one that the United States Government had violated Article I (Right to Life) and Article II (right to equality before the law) of the American Declaration of the Rights and Duties of Man
in executing James Terry Roach. This was the first time that the United States was found to be in violation with its human rights obligations under the said Declaration.
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
following the 1976 decision by the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
reauthorizing the use of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
by the states. He was electrocuted on January 10, 1986, nearly a year to the day following the electrocution
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
of his accomplice, Joseph Carl Shaw
Joseph Carl Shaw
Joseph Carl Shaw was the first person to be put to death by the State of South Carolina after the U.S. Supreme Court reauthorized the use of capital punishment by the states in 1976....
on January 11, 1985, at the Central Correctional Institution in Columbia
Columbia, South Carolina
Columbia is the state capital and largest city in the U.S. state of South Carolina. The population was 129,272 according to the 2010 census. Columbia is the county seat of Richland County, but a portion of the city extends into neighboring Lexington County. The city is the center of a metropolitan...
. He was executed at the age of 25 for a crime committed when he was 17 years old.
He was convicted of the rape and murder of a fourteen year old girl and the murder of her seventeen year old boyfriend. Roach was seventeen years old when he committed the crimes. Evidence presented at the trial showed that Roach was mentally retarded, with an I.Q. between 75 and 80 and that he was probably suffering from Huntington's Chorea. Moreover, the sentencing judge found that Roach was under the influence of Shaw when the crimes were committed. Despite these mitigating factors, the sentencing judge declared that the death penalty was warranted in this case.
The sentence was upheld on appeal by the South Carolina Supreme Court
South Carolina Supreme Court
The South Carolina Supreme Court is the highest court in the U.S. state of South Carolina. The court is composed of a Chief Justice and four Associate Justices.-Selection of Justices:...
. Several attempts to seek review of the case or to bring a petition of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
were unsuccessful. The US Supreme Court declined to grant him certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
or to review the case.
The case of James Terry Roach was brought before the Inter-American Commission on Human Rights
Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...
, which found by five votes to one that the United States Government had violated Article I (Right to Life) and Article II (right to equality before the law) of the American Declaration of the Rights and Duties of Man
American Declaration of the Rights and Duties of Man
The American Declaration of the Rights and Duties of Man was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a year....
in executing James Terry Roach. This was the first time that the United States was found to be in violation with its human rights obligations under the said Declaration.
See also
- List of individuals executed in South Carolina
- List of juvenile offenders executed in the United States
- Capital punishment in the United StatesCapital punishment in the United StatesCapital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
Sources
- U.S. Executions Since 1976. The Clark County Prosecuting Attorney. Retrieved on 2007-11-12.
- Court Clears Execution Of South Carolina Man. The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
(1986-01-10). Retrieved on 2007-11-12. - Rita Y. Shuler: Carolina Crimes. Case Files of a Forensic Photographer With a comprehensive history of Roach's crime and a picture of Roach and Shaw.
- Decision by the Inter-American Commission on Human Rights - Retrieved on 2010-07-20.
- 8 Human Rights Law Journal 1987, pp. 345–361 (Decision by the Inter-American Commission on Human Rights with a case note by Dinah Shelton).