U of A CMJS 3203 - Corrections—Chapter 15 Notes

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Corrections—Chapter 15 Notes1. History of Capital Punishment a. Throughout history, capital punishment has commonly been used as a penalty for criminal behaviorb. The Enlightenment led to new theories on crime and punishment. One put forth the notion that punishment ought to fit the particular crime for which is applied.c. Capital Punishment Worldwidei. 682 executions in 21 countries (2012)ii. Abolished in 140 countriesiii. Used in 58 countriesiv. 32 states, the military, and the federal government allow capital punishment2. Federal death penaltya. Not mentioned in U.S. Constitutionb. Since 1790, the federal government has executed 336 men and 4 womenc. Federal Death Penalty Act and the Right to Counseli. A minimum of two lawyers should be appointed to represent federal capital defendantsii. At least one of the two lawyers must have experience in capital work.iii. The federal court must consider the Federal Public Defender’s recommendation regarding which counsel is qualified for appointment in capital cases. d. Federal Death Rowi. United States Penitentiary, Terre Haute, Indiana 1. Special Confinement Unit (SCU)2. 59 people on federal death row. (57 men, 2 women, and roughly 50 cells in this unit).3. Death row todaya. 38% of all executions have taken place in Texasb. The South leads the U.S. in executions.c. Today, 3,108 persons are under a sentence of death in the U.S. d. Arkansas (33 total)i. 13 White Malesii. 20 Black Males e. Methods of Executioni. Lethal Injection1. Predominant method in U.S.2. First adopted in 1977 by Oklahomaii. Electrocutioniii. Lethal gasiv. Hanging v. Firing Squadf. Death Rowi. A prison area housing inmates who have been sentenced to death1. A prison within a prisonii. All States except Missouri and Tennessee separate their death row inmatesiii. Death row inmates segregated from the general prison populationiv. Most death row inmates spend 22 to 23 hours per day locked down.g. Public Opinion and Deathi. 60% of the public still favors capital punishmentii. Support for the death penalty drops when other punishment options, such as life without the possibility of parole are given.iii. People with higher incomes are more likely to support capital punishment than people with lower incomes.4. Courts and death penaltya. Furman v. Georgia (1972)i. The death penalty, as imposed and carried out under the laws of Georgia, was cruel and unusual punishment in violation of the Eighth and Fourteenth Amendmentsii. Voided all death penalty statues because they followed arbitrary and discriminatory rulesb. Gregg v. Georgia (1976)i. Mandated a bifurcated trial process1. The first part is the guilt phase, in which the jury decides the issue of guilt2. The second part is the penalty phase, in which the prosecution presents aggravating factors and the defense present mitigating factors and a jury decides which punishment to imposeii. Approved automatic appellate reviewc. Key Terminologyi. Mitigating circumstances: factors that although not justifying or excusing an action, may reduce the culpability of the offenderii. Aggravating Circumstances: factors that may increase the culpability of the offender5. Death penalty issuesa. Appealing Deathi. The average time between imposition of a death sentence and execution fo the offender is 14 yearsii. Serious error—error that substantially undermines the reliability of the guilt finding or death sentence imposed at trialiii. Nationally, for every 100 death sentences imposed, 41 were turned back at the trial and direct review phase because of serious error.b. Juveniles and the Death Penaltyi. The first juvenile executed was Thomas Graunger in 1642 when he was hanged in Massachusetts for buggery. He was 16ii. In Roper v. Simmons (2005): Unconstitutional to execute anyone for a crime they committed before turning age 18c. Mentally Retarded and Deathi. Atkins v. Virginia (2002): execution of the mentally retarded to be a violation of the 8th Amendment ban against cruel and unusual punishment.d. Positions on Capital Punishmenti. Arguments for Retention1. Revenge—Only after execution can survivors begin to heal2. Just deserts—Some people deserve to die for what they did3. Protection—Once executed, the person cannot commit another crimeii. Arguments for Abolition1. Innocent people have been sentenced to die (DNA now plays a role).2. Sentences often changed by appeals courts3. Not an effective deterrent4. Imposition is arbitrary and discriminatory5. Far too expensive (Nearly a Million dollars)6. Reduces society to the level of the

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U of A CMJS 3203 - Corrections—Chapter 15 Notes

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