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Dell traces its origins to 1984, when Michael Dell created Dell Computer Corporation, which at the time did business as PC's Limited, while a student of the University of Texas at Austin. The dorm-room headquartered company sold IBM PC-compatible computers built from stock components. Dell dropped out of school to focus full-time on his fledgling business, after getting $1,000 in expansion-capital from his family. In 1985, the company produced the first computer of its own design, the Turbo PC, which sold for $795. PC's Limited advertised its systems in national computer magazines for sale directly to consumers and custom assembled each ordered unit according to a selection of options. The company grossed more than $73 million in its first year of operation. |
From 1997 to 2004, Dell enjoyed steady growth and it gained market share from competitors even during industry slumps. During the same period, rival PC vendors such as Compaq, Gateway, IBM, Packard Bell, and AST Research struggled and eventually left the market or were bought out. Dell surpassed Compaq to become the largest PC manufacturer in 1999. Operating costs made up only 10 percent of Dell's $35 billion in revenue in 2002, compared with 21 percent of revenue at Hewlett-Packard, 25 percent at Gateway, and 46 percent at Cisco. In 2002, when Compaq merged with Hewlett Packard (the fourth-place PC maker), the newly combined Hewlett Packard took the top spot but struggled and Dell soon regained its lead. Dell grew the fastest in the early 2000s. |
Dell had a reputation as a company that relied upon supply chain efficiencies to sell established technologies at low prices, instead of being an innovator. By the mid-2000s many analysts were looking to innovating companies as the next source of growth in the technology sector. Dell's low spending on R&D relative to its revenue (compared to IBM, Hewlett Packard, and Apple Inc.)—which worked well in the commoditized PC market—prevented it from making inroads into more lucrative segments, such as MP3 players and later mobile devices. Increasing spending on R&D would have cut into the operating margins that the company emphasized. Dell had done well with a horizontal organization that focused on PCs when the computing industry moved to horizontal mix-and-match layers in the 1980s, but by the mid-2000 the industry shifted to vertically integrated stacks to deliver complete IT solutions and Dell lagged far behind competitors like Hewlett Packard and Oracle. |
Dell announced a change campaign called "Dell 2.0," reducing the number of employees and diversifying the company's products. While chairman of the board after relinquishing his CEO position, Michael Dell still had significant input in the company during Rollins' years as CEO. With the return of Michael Dell as CEO, the company saw immediate changes in operations, the exodus of many senior vice-presidents and new personnel brought in from outside the company. Michael Dell announced a number of initiatives and plans (part of the "Dell 2.0" initiative) to improve the company's financial performance. These include elimination of 2006 bonuses for employees with some discretionary awards, reduction in the number of managers reporting directly to Michael Dell from 20 to 12, and reduction of "bureaucracy". Jim Schneider retired as CFO and was replaced by Donald Carty, as the company came under an SEC probe for its accounting practices. |
Dell has been attempting to offset its declining PC business, which still accounted for half of its revenue and generates steady cash flow, by expanding into the enterprise market with servers, networking, software, and services. It avoided many of the acquisition writedowns and management turnover that plagued its chief rival Hewlett Packard. Dell also managed some success in taking advantage of its high-touch direct sales heritage to establish close relationships and design solutions for clients. Despite spending $13 billion on acquisitions to diversify its portfolio beyond hardware, the company was unable to convince the market that it could thrive or made the transformation in the post-PC world, as it suffered continued declines in revenue and share price. Dell's market share in the corporate segment was previously a "moat" against rivals but this has no longer been the case as sales and profits have fallen precipitously. |
Dell facilities in the United States are located in Austin, Texas; Plano, Texas; Nashua, New Hampshire; Nashville, Tennessee; Oklahoma City, Oklahoma; Peoria, Illinois; Hillsboro, Oregon (Portland area); Winston-Salem, North Carolina; Eden Prairie, Minnesota (Dell Compellent); Bowling Green, Kentucky; Lincoln, Nebraska; and Miami, Florida. Facilities located abroad include Penang, Malaysia; Xiamen, China; Bracknell, UK; Manila, Philippines Chennai, India; Hyderabad, India; Noida, India; Hortolandia and Porto Alegre, Brazil; Bratislava, Slovakia; Łódź, Poland; Panama City, Panama; Dublin and Limerick, Ireland; and Casablanca, Morocco. |
Assembly of desktop computers for the North American market formerly took place at Dell plants in Austin, Texas (original location) and Lebanon, Tennessee (opened in 1999), which have been closed in 2008 and early 2009, respectively. The plant in Winston-Salem, North Carolina received $280 million USD in incentives from the state and opened in 2005, but ceased operations in November 2010, and Dell's contract with the state requires them to repay the incentives for failing to meet the conditions. Most of the work that used to take place in Dell's U.S. plants was transferred to contract manufacturers in Asia and Mexico, or some of Dell's own factories overseas. The Miami, Florida facility of its Alienware subsidiary remains in operation, while Dell continues to produce its servers (its most profitable products) in Austin, Texas. |
Dell committed to reduce greenhouse gas emissions from its global activities by 40% by 2015, with 2008 fiscal year as the baseline year. It is listed in Greenpeace’s Guide to Greener Electronics that scores leading electronics manufacturers according to their policies on sustainability, climate and energy and how green their products are. In November 2011, Dell ranked 2nd out of 15 listed electronics makers (increasing its score to 5.1 from 4.9, which it gained in the previous ranking from October 2010). |
In July 2009, Dell apologized after drawing the ire of the Taiwanese Consumer Protection Commission for twice refusing to honour a flood of orders against unusually low prices offered on its Taiwanese website. In the first instance, Dell offered a 19" LCD panel for $15. In the second instance, Dell offered its Latitude E4300 notebook at NT$18,558 (US$580), 70% lower than usual price of NT$60,900 (US$1900). Concerning the E4300, rather than honour the discount taking a significant loss, the firm withdrew orders and offered a voucher of up to NT$20,000 (US$625) a customer in compensation. The consumer rights authorities in Taiwan fined Dell NT$1 million (US$31250) for customer rights infringements. Many consumers sued the firm for the unfair compensation. A court in southern Taiwan ordered the firm to deliver 18 laptops and 76 flat-panel monitors to 31 consumers for NT$490,000 (US$15,120), less than a third of the normal price. The court said the event could hardly be regarded as mistakes, as the prestigious firm said the company mispriced its products twice in Taiwanese website within 3 weeks. |
Dell sells personal computers (PCs), servers, data storage devices, network switches, software, computer peripherals, HDTVs, cameras, printers, MP3 players, and electronics built by other manufacturers. The company is well known for its innovations in supply chain management and electronic commerce, particularly its direct-sales model and its "build-to-order" or "configure to order" approach to manufacturing—delivering individual PCs configured to customer specifications. Dell was a pure hardware vendor for much of its existence, but with the acquisition in 2009 of Perot Systems, Dell entered the market for IT services. The company has since made additional acquisitions in storage and networking systems, with the aim of expanding their portfolio from offering computers only to delivering complete solutions for enterprise customers. |
In 1993, to complement its own direct sales channel, Dell planned to sell PCs at big-box retail outlets such as Wal-Mart, which would have brought in an additional $125 million in annual revenue. Bain consultant Kevin Rollins persuaded Michael Dell to pull out of these deals, believing they would be money losers in the long run. Margins at retail were thin at best and Dell left the reseller channel in 1994. Rollins would soon join Dell full-time and eventually become the company President and CEO. |
In 1986, Michael Dell brought in Lee Walker, a 51-year-old venture capitalist, as president and chief operating officer, to serve as Michael's mentor and implement Michael's ideas for growing the company. Walker was also instrumental in recruiting members to the board of directors when the company went public in 1988. Walker retired in 1990 due to health, and Michael Dell hired Morton Meyerson, former CEO and president of Electronic Data Systems to transform the company from a fast-growing medium-sized firm into a billion-dollar enterprise. |
Despite plans of expanding into other global regions and product segments, Dell was heavily dependent on U.S. corporate PC market, as desktop PCs sold to both commercial and corporate customers accounted for 32 percent of its revenue, 85 percent of its revenue comes from businesses, and Sixty-four percent of its revenue comes from North and South America, according to its 2006 third-quarter results. U.S. shipments of desktop PCs were shrinking, and the corporate PC market which purchases PCs in upgrade cycles had largely decided to take a break from buying new systems. The last cycle started around 2002, three or so years after companies started buying PCs ahead of the perceived Y2K problems, and corporate clients were not expected to upgrade again until extensive testing of Microsoft's Windows Vista (expected in early 2007), putting the next upgrade cycle around 2008. Heavily depending on PCs, Dell had to slash prices to boost sales volumes, while demanding deep cuts from suppliers. |
The release of Apple's iPad tablet computer had a negative impact on Dell and other major PC vendors, as consumers switched away from desktop and laptop PCs. Dell's own mobility division has not managed success with developing smartphones or tablets, whether running Windows or Google Android. The Dell Streak was a failure commercially and critically due to its outdated OS, numerous bugs, and low resolution screen. InfoWorld suggested that Dell and other OEMs saw tablets as a short-term, low-investment opportunity running Google Android, an approach that neglected user interface and failed to gain long term market traction with consumers. Dell has responded by pushing higher-end PCs, such as the XPS line of notebooks, which do not compete with the Apple iPad and Kindle Fire tablets. The growing popularity of smartphones and tablet computers instead of PCs drove Dell's consumer segment to an operating loss in Q3 2012. In December 2012, Dell suffered its first decline in holiday sales in five years, despite the introduction of Windows 8. |
Dell's reputation for poor customer service, since 2002, which was exacerbated as it moved call centres offshore and as its growth outstripped its technical support infrastructure, came under increasing scrutiny on the Web. The original Dell model was known for high customer satisfaction when PCs sold for thousands but by the 2000s, the company could not justify that level of service when computers in the same lineup sold for hundreds. Rollins responded by shifting Dick Hunter from head of manufacturing to head of customer service. Hunter, who noted that Dell's DNA of cost-cutting "got in the way," aimed to reduce call transfer times and have call center representatives resolve inquiries in one call. By 2006, Dell had spent $100 million in just a few months to improve on this, and rolled out DellConnect to answer customer inquiries more quickly. In July 2006, the company started its Direct2Dell blog, and then in February 2007, Michael Dell launched IdeaStorm.com, asking customers for advice including selling Linux computers and reducing the promotional "bloatware" on PCs. These initiatives did manage to cut the negative blog posts from 49% to 22%, as well as reduce the "Dell Hell" prominent on Internet search engines. |
In March 2013, the Blackstone Group and Carl Icahn expressed interest in purchasing Dell. In April 2013, Blackstone withdrew their offer, citing deteriorating business. Other private equity firms such as KKR & Co. and TPG Capital declined to submit alternative bids for Dell, citing the uncertain market for personal computers and competitive pressures, so the "wide-open bidding war" never materialized. Analysts said that the biggest challenge facing Silver Lake would be to find an “exit strategy” to profit from its investment, which would be when the company would hold an IPO to go public again, and one warned “But even if you can get a $25bn enterprise value for Dell, it will take years to get out.” |
On April 23, 2008, Dell announced the closure of one of its biggest Canadian call-centers in Kanata, Ontario, terminating approximately 1100 employees, with 500 of those redundancies effective on the spot, and with the official closure of the center scheduled for the summer. The call-center had opened in 2006 after the city of Ottawa won a bid to host it. Less than a year later, Dell planned to double its workforce to nearly 3,000 workers add a new building. These plans were reversed, due to a high Canadian dollar that made the Ottawa staff relatively expensive, and also as part of Dell's turnaround, which involved moving these call-center jobs offshore to cut costs. The company had also announced the shutdown of its Edmonton, Alberta office, losing 900 jobs. In total, Dell announced the ending of about 8,800 jobs in 2007–2008 — 10% of its workforce. |
The combined business is expected to address the markets for scale-out architecture, converged infrastructure and private cloud computing, playing to the strengths of both EMC and Dell. Commentators have questioned the deal, with FBR Capital Markets saying that though it makes a "ton of sense" for Dell, it's a "nightmare scenario that would lack strategic synergies" for EMC. Fortune said there was a lot for Dell to like in EMC's portfolio, but "does it all add up enough to justify tens of billions of dollars for the entire package? Probably not." The Register reported the view of William Blair & Company that the merger would "blow up the current IT chess board", forcing other IT infrastructure vendors to restructure to achieve scale and vertical integration. The value of VMware stock fell 10% after the announcement, valuing the deal at around $63–64bn rather than the $67bn originally reported. |
After several weeks of rumors, which started around January 11, 2013, Dell announced on February 5, 2013 that it had struck a $24.4 billion leveraged buyout deal, that would have delisted its shares from the NASDAQ and Hong Kong Stock Exchange and taken it private. Reuters reported that Michael Dell and Silver Lake Partners, aided by a $2 billion loan from Microsoft, would acquire the public shares at $13.65 apiece. The $24.4 billion buyout was projected to be the largest leveraged buyout backed by private equity since the 2007 financial crisis. It is also the largest technology buyout ever, surpassing the 2006 buyout of Freescale Semiconductor for $17.5 billion. |
In 2000, Dell announced that it would lease 80,000 square feet (7,400 m2) of space in the Las Cimas office complex in unincorporated Travis County, Texas, between Austin and West Lake Hills, to house the company's executive offices and corporate headquarters. 100 senior executives were scheduled to work in the building by the end of 2000. In January 2001, the company leased the space in Las Cimas 2, located along Loop 360. Las Cimas 2 housed Dell's executives, the investment operations, and some corporate functions. Dell also had an option for 138,000 square feet (12,800 m2) of space in Las Cimas 3. After a slowdown in business required reducing employees and production capacity, Dell decided to sublease its offices in two buildings in the Las Cimas office complex. In 2002 Dell announced that it planned to sublease its space to another tenant; the company planned to move its headquarters back to Round Rock once a tenant was secured. By 2003, Dell moved its headquarters back to Round Rock. It leased all of Las Cimas I and II, with a total of 312,000 square feet (29,000 m2), for about a seven-year period after 2003. By that year roughly 100,000 square feet (9,300 m2) of that space was absorbed by new subtenants. |
Dell previously had its headquarters in the Arboretum complex in northern Austin, Texas. In 1989 Dell occupied 127,000 square feet (11,800 m2) in the Arboretum complex. In 1990, Dell had 1,200 employees in its headquarters. In 1993, Dell submitted a document to Round Rock officials, titled "Dell Computer Corporate Headquarters, Round Rock, Texas, May 1993 Schematic Design." Despite the filing, during that year the company said that it was not going to move its headquarters. In 1994, Dell announced that it was moving most of its employees out of the Arboretum, but that it was going to continue to occupy the top floor of the Arboretum and that the company's official headquarters address would continue to be the Arboretum. The top floor continued to hold Dell's board room, demonstration center, and visitor meeting room. Less than one month prior to August 29, 1994, Dell moved 1,100 customer support and telephone sales employees to Round Rock. Dell's lease in the Arboretum had been scheduled to expire in 1994. |
Dell assembled computers for the EMEA market at the Limerick facility in the Republic of Ireland, and once employed about 4,500 people in that country. Dell began manufacturing in Limerick in 1991 and went on to become Ireland's largest exporter of goods and its second-largest company and foreign investor. On January 8, 2009, Dell announced that it would move all Dell manufacturing in Limerick to Dell's new plant in the Polish city of Łódź by January 2010. European Union officials said they would investigate a €52.7million aid package the Polish government used to attract Dell away from Ireland. European Manufacturing Facility 1 (EMF1, opened in 1990) and EMF3 form part of the Raheen Industrial Estate near Limerick. EMF2 (previously a Wang facility, later occupied by Flextronics, situated in Castletroy) closed in 2002,[citation needed] and Dell Inc. has consolidated production into EMF3 (EMF1 now[when?] contains only offices). Subsidies from the Polish government did keep Dell for a long time. After ending assembly in the Limerick plant the Cherrywood Technology Campus in Dublin was the largest Dell office in the republic with over 1200 people in sales (mainly UK & Ireland), support (enterprise support for EMEA) and research and development for cloud computing, but no more manufacturing except Dell's Alienware subsidiary, which manufactures PCs in an Athlone, Ireland plant. Whether this facility will remain in Ireland is not certain. Construction of EMF4 in Łódź, Poland has started[update]: Dell started production there in autumn 2007. |
In addition, the company provides protection services, advisory services, multivendor hardware support, "how-to" support for software applications, collaborative support with many third-party vendors, and online parts and labor dispatching for customers who diagnose and troubleshoot their hardware. Dell also provides Dell ProSupport customers access to a crisis-center to handle major outages, or problems caused by natural disasters. Dell also provide on-line support by using the computer's service-tag that provides full list of the hardware elements installed originally, purchase date and provides the latest upgrades for the original hardware drivers. |
Dell service and support brands include the Dell Solution Station (extended domestic support services, previously "Dell on Call"), Dell Support Center (extended support services abroad), Dell Business Support (a commercial service-contract that provides an industry-certified technician with a lower call-volume than in normal queues), Dell Everdream Desktop Management ("Software as a Service" remote-desktop management, originally a SaaS company founded by Elon Musk's cousin, Lyndon Rive, which Dell bought in 2007), and Your Tech Team (a support-queue available to home users who purchased their systems either through Dell's website or through Dell phone-centers). |
In late 2006[update], Dell lost its lead in the PC-business to Hewlett-Packard. Both Gartner and IDC estimated that in the third quarter of 2006, HP shipped more units worldwide than Dell did. Dell's 3.6% growth paled in comparison to HP's 15% growth during the same period. The problem got worse in the fourth quarter, when Gartner estimated that Dell PC shipments declined 8.9% (versus HP's 23.9% growth). As a result, at the end of 2006 Dell's overall PC market-share stood at 13.9% (versus HP's 17.4%). |
Dell was the first company to publicly state a timeline for the elimination of toxic polyvinyl chloride (PVC) and brominated flame retardants (BFRs), which it planned to phase out by the end of 2009. It revised this commitment and now aims to remove these toxics by the end of 2011 but only in its computing products. In March 2010, Greenpeace activists protested at Dell offices in Bangalore, Amsterdam and Copenhagen calling for Dell’s founder and CEO Michael Dell to ‘drop the toxics’ and claiming that Dell’s aspiration to be ‘the greenest technology company on the planet’ was ‘hypocritical’. Dell has launched its first products completely free of PVC and BFRs with the G-Series monitors (G2210 and G2410) in 2009. |
In 2006, Dell acknowledged that it had problems with customer service. Issues included call transfers of more than 45% of calls and long wait times. Dell's blog detailed the response: "We're spending more than a $100 million — and a lot of blood, sweat and tears of talented people — to fix this." Later in the year, the company increased its spending on customer service to $150 million. Despite significant investment in this space, Dell continues to face public scrutiny with even the company's own website littered with complaints regarding the issue escalation process.[original research?] |
The company aims to reduce its external environmental impact through energy-efficient evolution of products, and also reduce its direct operational impact through energy-efficiency programs. Internal energy-efficiency programs reportedly save the company more than $3 million annually in energy-cost savings. The largest component of the company's internal energy-efficiency savings comes through PC power management: the company expects to save $1.8 million in energy costs through using specialized energy-management software on a network of 50,000 PCs. |
If a defendant is sentenced to death at the trial level, the case then goes into a direct review. 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. 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. 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. 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. About 60 percent survive the process of direct review intact. |
Under the Antiterrorism and Effective Death Penalty Act of 1996, a state prisoner is ordinarily only allowed one suit for habeas corpus in federal court. If the federal courts refuse to issue a writ of habeas corpus, an execution date may be set. In recent times, however, prisoners have postponed execution through a final round 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. |
The moratorium ended on January 17, 1977 with the shooting of Gary Gilmore by firing squad in Utah. The first use of the electric chair after the moratorium was the electrocution of John Spenkelink in Florida on May 25, 1979. The first use of the gas chamber after the moratorium was the gassing of Jesse Bishop in Nevada on October 22, 1979. The first use of the gallows after the moratorium was the hanging of Westley Allan Dodd in Washington on January 5, 1993. The first use of lethal injection was on December 7, 1982, when Charles Brooks, Jr., was executed in Texas. |
Electrocution was the preferred method of execution during the 20th century. Electric chairs have commonly been nicknamed Old Sparky; however, Alabama's electric chair became known as the "Yellow Mama" due to its unique color. Some, particularly in Florida, were noted for malfunctions, which caused discussion of their cruelty and resulted in a shift to lethal injection as the preferred method of execution. Although lethal injection dominates as a method of execution, some states allow prisoners on death row to choose the method used to execute them. |
Other states with long histories of no death penalty include Wisconsin (the only state with only one execution), Rhode Island (although later reintroduced, it was unused and abolished again), Maine, North Dakota, Minnesota, West Virginia, Iowa, and Vermont. The District of Columbia has also abolished the death penalty; it was last used in 1957. Oregon abolished the death penalty through an overwhelming majority in a 1964 public referendum but reinstated it in a 1984 joint death penalty/life imprisonment referendum by an even higher margin after a similar 1978 referendum succeeded but was not implemented due to judicial rulings. |
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 execution for about every 700 murders committed, or 1 execution for about every 325 murder convictions. However, 32 of the 50 states still execute people. Among them, Alabama has the highest per capita rate of death sentences. This is due to judges overriding life imprisonment sentences and imposing the death penalty. No other states allow this. |
Puerto Rico's constitution expressly forbids capital punishment, stating "The death penalty shall not exist", setting it apart from all U.S. states and territories other than Michigan, which also has a constitutional prohibition (eleven other states and the District of Columbia have abolished capital punishment through statutory law). However, capital punishment is still applicable to offenses committed in Puerto Rico, if they fall under the jurisdiction of the federal government, though federal death penalty prosecutions there have generated significant controversy. |
Capital punishment was suspended in the United States from 1972 through 1976 primarily as a result of the Supreme Court's decision in Furman v. Georgia. The last pre-Furman execution was that of Luis Monge on June 2, 1967. In this case, the court found that the death penalty was being imposed in an unconstitutional manner, on the grounds of cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. The Supreme Court has never ruled the death penalty to be per se unconstitutional. |
Present-day statutes from across the nation use the same words and phrases, requiring modern executions to take place within a wall or enclosure to exclude public view. Connecticut General Statute § 54–100 requires death sentences to be conducted in an "enclosure" which "shall be so constructed as to exclude public view." Kentucky Revised Statute 431.220 and Missouri Revised Statute § 546.730 contain substantially identical language. New Mexico's former death penalty, since repealed, see N.M. Stat. § 31-14-12, required executions be conducted in a "room or place enclosed from public view." Similarly, a dormant Massachusetts law, see Mass. Gen. Law ch. 279 § 60, required executions to take place "within an enclosure or building." North Carolina General Statute § 15-188 requires death sentences to be executed "within the walls" of the penitentiary, as do Oklahoma Statute Title 22 § 1015 and Montana Code § 46-19-103. Ohio Revised Code § 2949.22 requires that "[t]he enclosure shall exclude public view." Similarly, Tennessee Code § 40-23-116 requires "an enclosure" for "strict seclusion and privacy." United States Code Title 18 § 3596 and the Code of Federal Regulations 28 CFR 26.4 limit the witnesses permitted at federal executions. |
In 1976, contemporaneously with Woodson and Roberts, the Court decided Gregg v. Georgia and upheld a 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. |
Possibly in part due to expedited federal habeas corpus procedures embodied in the Antiterrorism and Effective Death Penalty Act of 1996, the pace of executions picked up, reaching a peak of 98 in 1999 and then they declined gradually to 28 in 2015. Since the death penalty was reauthorized in 1976, 1,411 people have been executed, almost exclusively by the states, with most occurring after 1990. Texas has accounted for over one-third of modern executions (although only two death sentences were imposed in Texas during 2015, with the courts preferring to issue sentences of life without parole instead) and over four times as many as Oklahoma, the state with the second-highest number. California has the greatest number of prisoners on death row, has issued the highest number of death sentences but has held relatively few executions. |
As of November 2008, there is only one person on death row facing capital punishment who has not been convicted of murder. Demarcus Sears remains under a death sentence in Georgia for the crime of "kidnapping with bodily injury." Sears was convicted in 1986 for the kidnapping and bodily injury of victim Gloria Ann Wilbur. Wilbur was kidnapped and beaten in Georgia, raped in Tennessee, and murdered in Kentucky. Sears was never charged with the murder of Wilbur in Kentucky, but was sentenced to death by a jury in Georgia for "kidnapping with bodily injury." |
At times when a death sentence is affirmed on direct review, it is considered final. Yet, 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. 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. (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. 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. 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. In 2010, the death sentences of 53 inmates were overturned as a result of legal appeals or high court reversals. |
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. 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 drastically narrowed the opportunity for relief through Section 1983. |
The largest single execution in United States history was the hanging of 38 American Indians convicted of murder and rape during the Dakota War of 1862. They were executed simultaneously on December 26, 1862, in Mankato, Minnesota. A single blow from an axe cut the rope that held the large four-sided platform, and the prisoners (except for one whose rope had broken and who had to be re-hanged) fell to their deaths. The second-largest mass execution was also a hanging: the execution of 13 African-American soldiers for taking part in the Houston Riot of 1917. The largest non-military mass execution occurred in one of the original thirteen colonies in 1723, when 26 convicted pirates were hanged in Newport, Rhode Island by order of the Admiralty Court. |
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 species 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, 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 at least 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. |
In New Jersey and Illinois, all death row inmates had their sentences commuted to life in prison without parole when the death penalty repeal bills were signed into law. In Maryland, Governor Martin O'Malley commuted the state's four remaining death sentences to life in prison without parole in January 2015. While the bill repealing capital punishment in Connecticut was not retroactive, the Connecticut Supreme Court ruled in 2015 in State v. Santiago that the legislature's decision to prospectively abolish capital punishment rendered it an offense to "evolving standards of decency," thus commuting the sentences of the 11 men remaining on death row to life in prison without parole. New Mexico may yet execute two condemned inmates sentenced prior to abolition, and Nebraska has ten death row inmates who may still be executed despite abolition. |
The United States Supreme Court in Penry v. Lynaugh and the United States Court of Appeals for the Fifth Circuit in Bigby v. Dretke have been clear in their decisions that jury instructions in death penalty cases that do not ask about mitigating factors regarding the defendant's mental health violate the defendant's Eighth Amendment rights, saying that the jury is to be instructed to consider mitigating factors when answering unrelated questions. This ruling suggests that specific explanations to the jury are necessary to weigh mitigating factors. |
Several states have never had capital punishment, the first being Michigan, which abolished it shortly after entering the Union. (However, the United States government executed Tony Chebatoris at the Federal Correctional Institution in Milan, Michigan in 1938.) Article 4, Section 46 of Michigan's fourth Constitution (ratified in 1963; effective in 1964) prohibits any law providing for the penalty of death. Attempts to change the provision have failed. In 2004, a constitutional amendment proposed to allow capital punishment in some circumstances failed to make it on the November ballot after a resolution failed in the legislature and a public initiative failed to gather enough signatures. |
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. For offenses under the Drug Kingpin Act of 1988, the method of execution is lethal injection. The Federal Correctional Complex in Terre Haute, Indiana is currently the home of the only death chamber for federal death penalty recipients in the United States, where inmates are put to death by lethal injection. The complex has so far been the only location used for federal executions post-Gregg. Timothy McVeigh and Juan Garza were put to death in June 2001, and Louis Jones, Jr. was put to death on March 18, 2003. |
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. |
In 1977, the Supreme Court's Coker v. Georgia decision barred the death penalty for rape of an adult woman, and implied that the death penalty was inappropriate for any offense against another person other than murder. Prior to the decision, the death penalty for rape of an adult had been gradually phased out in the United States, and at the time of the decision, the State of Georgia and the U.S. Federal government were the only two jurisdictions to still retain the death penalty for that offense. However, three states maintained the death penalty for child rape, as the Coker decision only imposed a ban on executions for the rape of an adult woman. In 2008, the Kennedy v. Louisiana decision barred the death penalty for child rape. The result of these two decisions means that the death penalty in the United States is largely restricted to cases where the defendant took the life of another human being. The current federal kidnapping statute, however, may be exempt because the death penalty applies if the victim dies in the perpetrator's custody, not necessarily by his hand, thus stipulating a resulting death, which was the wording of the objection. In addition, the Federal government retains the death penalty for non-murder offenses that are considered crimes against the state, including treason, espionage, and crimes under military jurisdiction. |
Four states in the modern era, Nebraska in 2008, New York and Kansas in 2004, and Massachusetts in 1984, had their statutes ruled unconstitutional by state courts. The death rows of New York and Massachusetts were disestablished, and attempts to restore the death penalty were unsuccessful. Kansas successfully appealed State v. Kleypas, the Kansas Supreme Court decision that declared the state's death penalty statute unconstitutional, to the United States Supreme Court. Nebraska's death penalty statute was rendered ineffective on February 8, 2008 when the required method, electrocution, was ruled unconstitutional by the Nebraska Supreme Court. In 2009, Nebraska enacted a bill that changed its method of execution to lethal injection. |
In the 2010s, American jurisdictions have experienced a shortage of lethal injection drugs, due to anti-death penalty advocacy and low production volume. Hospira, the only U.S. manufacturer of sodium thiopental, stopped making the drug in 2011. The European Union has outlawed the export of any product that could be used in an execution; this has prevented executioners from using EU-manufactured anesthetics like propofol which are needed for general medical purposes. Another alternative, pentobarbital, is also only manufactured in the European Union, which has caused the Danish producer to restrict distribution to U.S. government customers. |
As noted in the introduction to this article, the American public has maintained its position of support for capital punishment for murder. However, when given a choice between the death penalty and life imprisonment without parole, support has traditionally been significantly lower than polling which has only mentioned the death penalty as a punishment. In 2010, for instance, one poll showed 49 percent favoring the death penalty and 46 percent favoring life imprisonment while in another 61% said they preferred another punishment to the death penalty. The highest level of support for the death penalty recorded overall was 80 percent in 1994 (16 percent opposed), and the lowest recorded was 42 percent in 1966 (47 percent opposed). On the question of the death penalty vs. life without parole, the strongest preference for the death penalty was 61 percent in 1997 (29 percent favoring life), and the lowest preference for the death penalty was 47 percent in 2006 (48 percent favoring life). |
Other capital crimes include: the use of a weapon of mass destruction resulting in death, espionage, terrorism, certain violations of the Geneva Conventions that result in the death of one or more persons, and treason at the federal level; aggravated rape in Louisiana, Florida, and Oklahoma; extortionate kidnapping in Oklahoma; aggravated kidnapping in Georgia, Idaho, Kentucky and South Carolina; aircraft hijacking in Alabama and Mississippi; assault by an escaping capital felon in Colorado; armed robbery in Georgia; drug trafficking resulting in a person's death in Florida; train wrecking which leads to a person's death, and perjury which leads to a person's death in California, Colorado, Idaho and Nebraska. |
In a five-to-four decision, the Supreme Court struck down the impositions of the death penalty in each of the consolidated cases as 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. |
In total, 156 prisoners have been either acquitted, or received pardons or commutations on the basis of possible innocence, between 1973 to 2015. Death penalty opponents often argue that this statistic shows how perilously close states have come to undertaking wrongful executions; proponents point out that the statistic refers only to those exonerated in law, and that the truly innocent may be a smaller number. Statistics likely understate the actual problem of wrongful convictions because once an execution has occurred there is often insufficient motivation and finance to keep a case open, and it becomes unlikely at that point that the miscarriage of justice will ever be exposed. |
The death penalty is sought and applied more often in some jurisdictions, not only between states but within states. A 2004 Cornell University study showed that while 2.5 percent of murderers convicted nationwide were sentenced to the death penalty, in Nevada 6 percent were given the death penalty. Texas gave 2 percent of murderers a death sentence, less than the national average. Texas, however, executed 40 percent of those sentenced, which was about four times higher than the national average. California had executed only 1 percent of those sentenced. |
Congress acted defiantly toward the Supreme Court by passing the Drug Kingpin Act of 1988 and the Federal Death Penalty Act of 1994 that made roughly fifty crimes punishable by death, including crimes that do not always involve the death of someone. Such non-death capital offenses include treason, espionage (spying for another country), and high-level drug trafficking. Since no one has yet been sentenced to death for such non-death capital offenses, the Supreme Court has not ruled on their constitutionality. |
Executions resumed on January 17, 1977, when Gary Gilmore went before a firing squad in Utah. But the pace was quite slow due to the use of litigation tactics which involved filing repeated writs of habeas corpus, which succeeded for many in delaying their actual execution for many years. 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. |
After the September 2011 execution of Troy Davis, believed by many to be innocent, Richard Dieter, the director of the Death Penalty Information Center, said this case was a clear wake-up call to politicians across the United States. He said: "They weren't expecting such passion from people in opposition to the death penalty. There's a widely held perception that all Americans are united in favor of executions, but this message came across loud and clear that many people are not happy with it." Brian Evans of Amnesty International, which led the campaign to spare Davis's life, said that there was a groundswell in America of people "who are tired of a justice system that is inhumane and inflexible and allows executions where there is clear doubts about guilt". He predicted the debate would now be conducted with renewed energy. |
Various methods have been used in the history of the American colonies and the United States but only five methods are currently used. Historically, burning, crushing, breaking on wheel, and bludgeoning were used for a small number of executions, while hanging was the most common method. The last person burned at the stake was a black slave in South Carolina in August 1825. The last person to be hanged in chains was a murderer named John Marshall in West Virginia on April 4, 1913. Although beheading was a legal method in Utah from 1851 to 1888, it was never used. |
African Americans made up 41 percent of death row inmates while making up only 12.6 percent of the general population. (They have made up 34 percent of those actually executed since 1976.) However, that number is lower than that of prison inmates, which is 47 percent. According to the US Department of Justice, African Americans accounted for 52.5% of homicide offenders from 1980 to 2008, with whites 45.3% and Native Americans and Asians 2.2%. This means African Americans are less likely to be executed on a per capita basis. However, according to a 2003 Amnesty International report, blacks and whites were the victims of murder in almost equal numbers, yet 80 percent of the people executed since 1977 were convicted of murders involving white victims. 13.5% of death row inmates are of Hispanic or Latino descent, while they make up 17.4% of the general population. |
The legal administration of the death penalty in the United States is complex. Typically, it involves four critical steps: (1) sentencing, (2) direct review, (3) state collateral review, and (4) federal habeas corpus. Recently, a narrow and final fifth level of process – (5) the Section 1983 challenge – has become increasingly important. (Clemency or pardon, through which the Governor or President of the jurisdiction can unilaterally reduce or abrogate a death sentence, is an executive rather than judicial process.) The number of new death sentences handed down peaked in 1995–1996 (309). There were 73 new death sentences handed down in 2014, the lowest number since 1973 (44). |
All of the executions which have taken place since the 1936 hanging of Bethea in Owensboro have been conducted within a wall or enclosure. For example, Fred Adams was legally hanged in Kennett, Missouri, on April 2, 1937, within a 10-foot (3 m) wooden stockade. Roscoe "Red" Jackson was hanged within a stockade in Galena, Missouri, on May 26, 1937. Two Kentucky hangings were conducted after Galena in which numerous persons were present within a wooden stockade, that of John "Peter" Montjoy in Covington, Kentucky on December 17, 1937, and that of Harold Van Venison in Covington on June 3, 1938. An estimated 400 witnesses were present for the hanging of Lee Simpson in Ryegate, Montana, on December 30, 1939. The execution of Timothy McVeigh on June 11, 2001 was witnessed by some 300 people, some by closed-circuit television. |
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 that there was "a 40 percent success rate in all capital cases from 1978 to 1995." 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." 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. |
The last use of the firing squad between 1608 and the moratorium on judicial executions between 1967 and 1977 was when Utah shot James W. Rodgers on March 30, 1960. The last use of the gallows between 1608 and the moratorium was when Kansas hanged George York on June 22, 1965. The last use of the electric chair between the first electrocution on August 6, 1890 and the moratorium was when Oklahoma electrocuted James French on August 10, 1966. The last use of the gas chamber between the first gassing on February 8, 1924 and the moratorium was when Colorado gassed Luis Monge on June 2, 1967. |
Since 1642 (in the 13 colonies, the United States under the Articles of Confederation, and the current United States) an estimated 364 juvenile offenders have been put to death by the states and the federal government. The earliest known execution of a prisoner for crimes committed as a juvenile was Thomas Graunger in 1642. Twenty-two of the executions occurred after 1976, in seven states. Due to the slow process of appeals, it was highly unusual for a condemned person to be under 18 at the time of execution. The youngest person to be executed in the 20th century was George Stinney, who was electrocuted in South Carolina at the age of 14 on June 16, 1944. The last execution of a juvenile may have been Leonard Shockley, who died in the Maryland gas chamber on April 10, 1959, at the age of 17. No one has been under age 19 at time of execution since at least 1964. Since the reinstatement of the death penalty in 1976, 22 people have been executed for crimes committed under the age of 18. Twenty-one were 17 at the time of the crime. The last person to be executed for a crime committed as a juvenile was Scott Hain on April 3, 2003 in Oklahoma. |
In May 2014, Oklahoma Director of Corrections, Robert Patton, recommended an indefinite hold on executions in the state after the botched execution of African-American Clayton Lockett. The prisoner had to be tasered to restrain him prior to the execution, and the lethal injection missed a vein in his groin, resulting in Lockett regaining consciousness, trying to get up, and to speak, before dying of a heart attack 43 minutes later, after the attempted execution had been called off. In 2015, the state approved nitrogen asphyxiation as a method of execution. |
Opponents argue that the death penalty is not an effective means of deterring crime, risks the execution of the innocent, is unnecessarily barbaric in nature, cheapens human life, and puts a government on the same base moral level as those criminals involved in murder. Furthermore, some opponents argue that the arbitrariness with which it is administered and the systemic influence of racial, socio-economic, geographic, and gender bias on determinations of desert make the current practice of capital punishment immoral and illegitimate. |
Sixteen was held to be the minimum permissible age in the 1988 Supreme Court decision of Thompson v. Oklahoma. The Court, considering the case Roper v. Simmons in March 2005, found the execution of juvenile offenders unconstitutional by a 5–4 margin, effectively raising the minimum permissible age to 18. State laws have not been updated to conform with this decision. In the American legal system, unconstitutional laws do not need to be repealed; instead, they are held to be unenforceable. (See also List of juvenile offenders executed in the United States) |
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" to "exclude public view." For example, in 1919, the Missouri legislature adopted a statute (L.1919, p. 781) which required, "the sentence of death should be executed within the county jail, if convenient, and otherwise within an enclosure near the jail." The Missouri law permitted the local sheriff to distribute passes to individuals (usually local citizens) whom he believed should witness the hanging, but the sheriffs – for various reasons – sometimes denied passes to individuals who wanted to watch. Missouri executions conducted after 1919 were not "public" because they were conducted behind closed walls, and the general public was not permitted to attend. |
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 "possible innocence" or "disproportionality." |
In 2010, bills to abolish the death penalty in Kansas and in South Dakota (which had a de facto moratorium at the time) were rejected. Idaho ended its de facto moratorium, during which only one volunteer had been executed, on November 18, 2011 by executing Paul Ezra Rhoades; South Dakota executed Donald Moeller on October 30, 2012, ending a de facto moratorium during which only two volunteers had been executed. Of the 12 prisoners whom Nevada has executed since 1976, 11 waived their rights to appeal. Kentucky and Montana have executed two prisoners against their will (KY: 1997 and 1999, MT: 1995 and 1998) and one volunteer, respectively (KY: 2008, MT: 2006). Colorado (in 1997) and Wyoming (in 1992) have executed only one prisoner, respectively. |
Pharmaceutical companies whose products are used in the three-drug cocktails for lethal injections are predominantly European, and they have strenuously objected to the use of their drugs for executions and taken steps to prevent their use. For example, Hospira, the sole American manufacturer of sodium thiopental, the critical anesthetic in the three-drug cocktail, announced in 2011 that it would no longer manufacture the drug for the American market, in part for ethical reasons and in part because its transfer of sodium thiopental manufacturing to Italy would subject it to the European Union's Torture Regulation, which forbids the use of any product manufactured within the Union for torture (as execution by lethal injection is considered by the Regulation). Since the drug manufacturers began taking these steps and the EU regulation ended the importation of drugs produced in Europe, the resulting shortage of execution drugs has led to or influenced decisions to impose moratoria in Arkansas, California, Kentucky, Louisiana, Mississippi, Montana, Nevada, North Carolina, and Tennessee. |
The game pad controllers were more-or-less copied directly from the Game & Watch machines, although the Famicom design team originally wanted to use arcade-style joysticks, even taking apart ones from American game consoles to see how they worked. However, it was eventually decided that children might step on joysticks left on the floor and their durability was also questioned. Katsuyah Nakawaka attached a Game & Watch D-pad to the Famicom prototype and found that it was easy to use and had no discomfort. Ultimately though, they did install a 15-pin expansion port on the front of the console so that an arcade-style joystick could be used optionally. The controllers were hard-wired to the console with no connectors for cost reasons. |
At June 1985's Consumer Electronics Show (CES), Nintendo unveiled the American version of its Famicom. This is the system which would eventually be officially deployed as the Nintendo Entertainment System, or the colloquial "NES". Nintendo seeded these first systems to limited American test markets starting in New York City on October 18, 1985, following up with a full-fledged North American release of the console in February of the following year. Nintendo released 17 launch titles: 10-Yard Fight, Baseball, Clu Clu Land, Duck Hunt, Excitebike, Golf, Gyromite, Hogan’s Alley, Ice Climber, Kung Fu, Pinball, Soccer, Stack-Up, Tennis, Wild Gunman, Wrecking Crew, and Super Mario Bros.h[›] Some varieties of these launch games contained Famicom chips with an adapter inside the cartridge so they would play on North American consoles, which is why the title screen of Gyromite has the Famicom title "Robot Gyro" and the title screen of Stack-Up has the Famicom title "Robot Block". |
In June 1989, Nintendo of America's vice president of marketing Peter Main, said that the Famicom was present in 37% of Japan's households. By 1990, 30% of American households owned the NES, compared to 23% for all personal computers. By 1990, the NES had outsold all previously released consoles worldwide.[better source needed] The slogan for this brand was It can't be beaten. In Europe and South America, however, the NES was outsold by Sega's Master System, while the Nintendo Entertainment System was not available in the Soviet Union. |
Japanese (Famicom) cartridges are shaped slightly differently. While the NES used a 72-pin interface, the Famicom system used a 60-pin design. Unlike NES games, official Famicom cartridges were produced in many colors of plastic. Adapters, similar in design to the popular accessory Game Genie, are available that allow Famicom games to be played on an NES. In Japan, several companies manufactured the cartridges for the Famicom. This allowed these companies to develop their own customized chips designed for specific purposes, such as chips that increased the quality of sound in their games. |
In the longer run, however, with the NES near its end of its life many third-party publishers such as Electronic Arts supported upstart competing consoles with less strict licensing terms such as the Sega Genesis and then the PlayStation, which eroded and then took over Nintendo's dominance in the home console market, respectively. Consoles from Nintendo's rivals in the post-SNES era had always enjoyed much stronger third-party support than Nintendo, which relied more heavily on first-party games. |
As the Nintendo Entertainment System grew in popularity and entered millions of American homes, some small video rental shops began buying their own copies of NES games, and renting them out to customers for around the same price as a video cassette rental for a few days. Nintendo received no profit from the practice beyond the initial cost of their game, and unlike movie rentals, a newly released game could hit store shelves and be available for rent on the same day. Nintendo took steps to stop game rentals, but didn't take any formal legal action until Blockbuster Video began to make game rentals a large-scale service. Nintendo claimed that allowing customers to rent games would significantly hurt sales and drive up the cost of games. Nintendo lost the lawsuit, but did win on a claim of copyright infringement. Blockbuster was banned from including original, copyrighted instruction booklets with their rented games. In compliance with the ruling, Blockbuster produced their own short instructions—usually in the form of a small booklet, card, or label stuck on the back of the rental box—that explained the game's basic premise and controls. Video rental shops continued the practice of renting video games and still do today. |
In the UK, Italy and Australia which share the PAL A region, two versions of the NES were released; the "Mattel Version" and "NES Version". When the NES was first released in those countries, it was distributed by Mattel and Nintendo decided to use a lockout chip specific to those countries, different from the chip used in other European countries. When Nintendo took over European distribution in 1990, they produced consoles that were then labelled "NES Version"; therefore, the only differences between the two are the text on the front flap and texture on the top/bottom of the casing. |
Nintendo also made two turbo controllers for the NES called NES Advantage and the NES Max. Both controllers had a Turbo feature, a feature where one tap of the button represented multiple taps. This feature allowed players to shoot much faster during shooter games. The NES Advantage had two knobs that adjusted the firing rate of the turbo button from quick to Turbo, as well as a "Slow" button that slowed down the game by rapidly pausing the game. The "Slow" button did not work with games that had a pause menu or pause screen and can interfere with jumping and shooting. The NES Max also had the Turbo Feature, but it was not adjustable, in contrast with the Advantage. It also did not have the "Slow" button. Its wing-like shape made it easier to hold than the Advantage and it also improved on the joystick. Turbo features were also featured on the NES Satellite, the NES Four Score, and the U-Force. Other accessories include the Power Pad and the Power Glove, which was featured in the movie The Wizard. |
In 1986, Nintendo released the Famicom Disk System (FDS) in Japan, a type of floppy drive that uses a single-sided, proprietary 5 cm (2") disk and plugs into the cartridge port. It contains RAM for the game to load into and an extra single-cycle wavetable-lookup sound chip. The disks were originally obtained from kiosks in malls and other public places where buyers could select a title and have it written to the disk. This process would cost less than cartridges and users could take the disk back to a vending booth and have it rewritten with a new game. The disks were used both for storing the game and saving progress and total capacity was 128k (64k per side). |
The system was originally targeted for release in the spring of 1985, but the release date was pushed back. After test-marketing in the New York City area in late fall, retailers had reportedly stated the system "failed miserably".[contradictory] While others stated that Nintendo had an excellent nine-week market test in New York last fall Due to the moderate success launch in New York City, Nintendo tried a second time; the system was test-marketed further beginning in February 1986, with the nationwide release occurring in September 1986. |
In Europe and Australia, the system was released to two separate marketing regions. One region consisted of most of mainland Europe (excluding Italy), and distribution there was handled by a number of different companies, with Nintendo responsible for most cartridge releases. Most of this region saw a 1986 release. Mattel handled distribution for the other region, consisting of the United Kingdom, Ireland, Canada, Italy, Australia and New Zealand, starting the following year. Not until the 1990s did Nintendo's newly created European branch direct distribution throughout Europe. |
As the 1990s dawned, gamers predicted that competition from technologically superior systems such as the 16-bit Sega Mega Drive/Genesis would mean the immediate end of the NES’s dominance. Instead, during the first year of Nintendo's successor console the Super Famicom (named Super Nintendo Entertainment System outside Japan), the Famicom remained the second highest-selling video game console in Japan, outselling the newer and more powerful NEC PC Engine and Sega Mega Drive by a wide margin. The console remained popular in Japan and North America until late 1993, when the demand for new NES software abruptly plummeted. The final Famicom game released in Japan is Takahashi Meijin no Bōken Jima IV (Adventure Island IV), while in North America, Wario's Woods is the final licensed game. In the wake of ever decreasing sales and the lack of new software titles, Nintendo of America officially discontinued the NES by 1995. However, Nintendo kept producing new Famicom units in Japan until September 25, 2003, and continued to repair Famicom consoles until October 31, 2007, attributing the discontinuation of support to insufficient supplies of parts. |
Nintendo's near monopoly on the home video game market left it with a degree of influence over the industry. Unlike Atari, which never actively courted third-party developers (and even went to court in an attempt to force Activision to cease production of Atari 2600 games), Nintendo had anticipated and encouraged the involvement of third-party software developers; strictly, however, on Nintendo's terms. Some of the Nintendo platform-control measures were adopted by later console manufacturers such as Sega, Sony, and Microsoft, although not as stringent. |
Several companies, refusing to pay the licensing fee or having been rejected by Nintendo, found ways to circumvent the console's authentication system. Most of these companies created circuits that used a voltage spike to temporarily disable the 10NES chip in the NES. A few unlicensed games released in Europe and Australia came in the form of a dongle that would be connected to a licensed game, in order to use the licensed game's 10NES chip for authentication. In order to combat unlicensed games, Nintendo of America threatened retailers who sold them with losing their supply of licensed titles. In addition, multiple revisions were made to the NES PCBs to prevent these games from working. |
The Nintendo Entertainment System (also abbreviated as NES) is an 8-bit home video game console that was developed and manufactured by Nintendo. It was initially released in Japan as the Family Computer (Japanese: ファミリーコンピュータ, Hepburn: Famirī Konpyūta?) (also known by the portmanteau abbreviation Famicom (ファミコン, Famikon?) and abbreviated as FC) on July 15, 1983, and was later released in North America during 1985, in Europe during 1986, and Australia in 1987. In South Korea, it was known as the Hyundai Comboy (현대 컴보이 Hyeondae Keomboi) and was distributed by SK Hynix which then was known as Hyundai Electronics. It was succeeded by the Super Nintendo Entertainment System. |
Problems with the 10NES lockout chip frequently resulted in the console's most infamous problem: the blinking red power light, in which the system appears to turn itself on and off repeatedly because the 10NES would reset the console once per second. The lockout chip required constant communication with the chip in the game to work. Dirty, aging and bent connectors would often disrupt the communication, resulting in the blink effect. Alternatively, the console would turn on but only show a solid white, gray, or green screen. Users attempted to solve this problem by blowing air onto the cartridge connectors, inserting the cartridge just far enough to get the ZIF to lower, licking the edge connector, slapping the side of the system after inserting a cartridge, shifting the cartridge from side to side after insertion, pushing the ZIF up and down repeatedly, holding the ZIF down lower than it should have been, and cleaning the connectors with alcohol. These attempted solutions often became notable in their own right and are often remembered alongside the NES. Many of the most frequent attempts to fix this problem instead ran the risk of damaging the cartridge and/or system.[citation needed] In 1989, Nintendo released an official NES Cleaning Kit to help users clean malfunctioning cartridges and consoles. |
Subsequent plans to market a Famicom console in North America featuring a keyboard, cassette data recorder, wireless joystick controller and a special BASIC cartridge under the name "Nintendo Advanced Video System" likewise never materialized. By the beginning of 1985, the Famicom had sold more than 2.5 million units in Japan and Nintendo soon announced plans to release it in North America as the Advanced Video Entertainment System (AVS) that same year. The American video game press was skeptical that the console could have any success in the region, with the March 1985 issue of Electronic Games magazine stating that "the videogame market in America has virtually disappeared" and that "this could be a miscalculation on Nintendo's part." |
Near the end of the NES's lifespan, upon the release of the AV Famicom and the top-loading NES 2, the design of the game controllers was modified slightly. Though the original button layout was retained, the redesigned device abandoned the brick shell in favor of a dog bone shape. In addition, the AV Famicom joined its international counterpart and dropped the hardwired controllers in favor of detachable controller ports. However, the controllers included with the Famicom AV had cables which were 90 cm (3 feet) long, as opposed to the standard 180 cm(6 feet) of NES controllers. |
By 1988, industry observers stated that the NES's popularity had grown so quickly that the market for Nintendo cartridges was larger than that for all home computer software. Compute! reported in 1989 that Nintendo had sold seven million NES systems in 1988, almost as many as the number of Commodore 64s sold in its first five years. "Computer game makers [are] scared stiff", the magazine said, stating that Nintendo's popularity caused most competitors to have poor sales during the previous Christmas and resulted in serious financial problems for some. |
A variety of games for the FDS were released by Nintendo (including some like Super Mario Bros. which had already been released on cartridge) and third party companies such as Konami and Taito. A few unlicensed titles were made as well. However, its limitations became quickly apparent as larger ROM chips were introduced, allowing cartridges with greater than 128k of space. More advanced memory management chips (MMC) soon appeared and the FDS quickly became obsolete. Nintendo also charged developers considerable amounts of money to produce FDS games, and many refused to develop for it, instead continuing to make cartridge titles. Many FDS disks have no dust covers (except in some unlicensed and bootleg variants) and are easily prone to getting dirt on the media. In addition, the drive use a belt which breaks frequently and requires invasive replacement. After only two years, the FDS was discontinued, although vending booths remained in place until 1993 and Nintendo continued to service drives, and to rewrite and offer replacement disks until 2003. |
Although most hardware clones were not produced under license by Nintendo, certain companies were granted licenses to produce NES-compatible devices. The Sharp Corporation produced at least two such clones: the Twin Famicom and the SHARP 19SC111 television. The Twin Famicom was compatible with both Famicom cartridges and Famicom Disk System disks. It was available in two colors (red and black) and used hardwired controllers (as did the original Famicom), but it featured a different case design. The SHARP 19SC111 television was a television which included a built-in Famicom. A similar licensing deal was reached with Hyundai Electronics, who licensed the system under the name Comboy in the South Korean market. This deal with Hyundai was made necessary because of the South Korean government's wide ban on all Japanese "cultural products", which remained in effect until 1998 and ensured that the only way Japanese products could legally enter the South Korean market was through licensing to a third-party (non-Japanese) distributor (see also Japan–Korea disputes). |
The back of the cartridge bears a label with instructions on handling. Production and software revision codes were imprinted as stamps on the back label to correspond with the software version and producer. With the exception of The Legend of Zelda and Zelda II: The Adventure of Link, manufactured in gold-plastic carts, all licensed NTSC and PAL cartridges are a standard shade of gray plastic. Unlicensed carts were produced in black, robin egg blue, and gold, and are all slightly different shapes than standard NES cartridges. Nintendo also produced yellow-plastic carts for internal use at Nintendo Service Centers, although these "test carts" were never made available for purchase. All licensed US cartridges were made by Nintendo, Konami and Acclaim. For promotion of DuckTales: Remastered, Capcom sent 150 limited-edition gold NES cartridges with the original game, featuring the Remastered art as the sticker, to different gaming news agencies. The instruction label on the back included the opening lyric from the show's theme song, "Life is like a hurricane". |
Nintendo was accused of antitrust behavior because of the strict licensing requirements. The United States Department of Justice and several states began probing Nintendo's business practices, leading to the involvement of Congress and the Federal Trade Commission (FTC). The FTC conducted an extensive investigation which included interviewing hundreds of retailers. During the FTC probe, Nintendo changed the terms of its publisher licensing agreements to eliminate the two-year rule and other restrictive terms. Nintendo and the FTC settled the case in April 1991, with Nintendo required to send vouchers giving a $5 discount off to a new game, to every person that had purchased a NES title between June 1988 and December 1990. GameSpy remarked that Nintendo's punishment was particularly weak giving the case's findings, although it has been speculated that the FTC did not want to damage the video game industry in the United States. |
The NES can be emulated on many other systems, most notably the PC. The first emulator was the Japanese-only Pasofami. It was soon followed by iNES, which was available in English and was cross-platform, in 1996. It was described as being the first NES emulation software that could be used by a non-expert. NESticle, a popular MS-DOS emulator, was released on April 3, 1997. There have since been many other emulators. The Virtual Console for the Wii, Nintendo 3DS and Wii U also offers emulation of many NES games. |
The Famicom contained no lockout hardware and, as a result, unlicensed cartridges (both legitimate and bootleg) were extremely common throughout Japan and the Far East. The original NES (but not the top-loading NES-101) contained the 10NES lockout chip, which significantly increased the challenges faced by unlicensed developers. Tinkerers at home in later years discovered that disassembling the NES and cutting the fourth pin of the lockout chip would change the chip’s mode of operation from "lock" to "key", removing all effects and greatly improving the console’s ability to play legal games, as well as bootlegs and converted imports. NES consoles sold in different regions had different lockout chips, so games marketed in one region would not work on consoles from another region. Known regions are: USA/Canada (3193 lockout chip), most of Europe (3195), Asia (3196) and UK, Italy and Australia (3197). Since two types of lockout chip were used in Europe, European NES game boxes often had an "A" or "B" letter on the front, indicating whether the game is compatible with UK/Italian/Australian consoles (A), or the rest of Europe (B). Rest-of-Europe games typically had text on the box stating "This game is not compatible with the Mattel or NES versions of the Nintendo Entertainment System". Similarly, UK/Italy/Australia games stated "This game is only compatible with the Mattel or NES versions of the Nintendo Entertainment System". |
Following a series of arcade game successes in the early 1980s, Nintendo made plans to create a cartridge-based console called the Famicom. Masayuki Uemura designed the system. Original plans called for an advanced 16-bit system which would function as a full-fledged computer with a keyboard and floppy disk drive, but Nintendo president Hiroshi Yamauchi rejected this and instead decided to go for a cheaper, more conventional cartridge-based game console as he felt that features such as keyboards and disks were intimidating to non-technophiles. A test model was constructed in October 1982 to verify the functionality of the hardware, after which work began on programming tools. Because 65xx CPUs had not been manufactured or sold in Japan up to that time, no cross-development software was available and it had to be produced from scratch. Early Famicom games were written on a system that ran on an NEC PC-8001 computer and LEDs on a grid were used with a digitizer to design graphics as no software design tools for this purpose existed at that time.[citation needed] |
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