Corrections Chapter 15 Notes 1 History of Capital Punishment criminal behavior 2 Federal death penalty a Throughout history capital punishment has commonly been used as a penalty for b 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 Worldwide i 682 executions in 21 countries 2012 ii Abolished in 140 countries iii Used in 58 countries iv 32 states the military and the federal government allow capital punishment a Not mentioned in U S Constitution b Since 1790 the federal government has executed 336 men and 4 women c Federal Death Penalty Act and the Right to Counsel i A minimum of two lawyers should be appointed to represent federal capital defendants ii 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 Row i 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 3 Death row today cells in this unit a 38 of all executions have taken place in Texas b 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 Males ii 20 Black Males e Methods of Execution i Lethal Injection ii Electrocution iii Lethal gas iv Hanging v Firing Squad 1 Predominant method in U S 2 First adopted in 1977 by Oklahoma f Death Row i A prison area housing inmates who have been sentenced to death 1 A prison within a prison ii All States except Missouri and Tennessee separate their death row inmates iii Death row inmates segregated from the general prison population iv Most death row inmates spend 22 to 23 hours per day locked down g Public Opinion and Death i 60 of the public still favors capital punishment ii 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 penalty a 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 Amendments ii Voided all death penalty statues because they followed arbitrary and discriminatory rules b Gregg v Georgia 1976 i Mandated a bifurcated trial process 1 The first part is the guilt phase in which the jury decides the issue of guilt 2 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 impose ii Approved automatic appellate review c Key Terminology i Mitigating circumstances factors that although not justifying or excusing an action may reduce the culpability of the offender ii Aggravating Circumstances factors that may increase the culpability of the offender 5 Death penalty issues a Appealing Death i The average time between imposition of a death sentence and execution fo the offender is 14 years ii Serious error error that substantially undermines the reliability of the guilt finding or death sentence imposed at trial iii 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 Penalty i The first juvenile executed was Thomas Graunger in 1642 when he was hanged ii in Massachusetts for buggery He was 16 In Roper v Simmons 2005 Unconstitutional to execute anyone for a crime they committed before turning age 18 c Mentally Retarded and Death i 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 Punishment i Arguments for Retention 1 Revenge Only after execution can survivors begin to heal 2 3 Protection Once executed the person cannot commit another crime Just deserts Some people deserve to die for what they did ii Arguments for Abolition Innocent people have been sentenced to die DNA now plays a role 1 2 Sentences often changed by appeals courts 3 Not an effective deterrent 4 5 Far too expensive Nearly a Million dollars 6 Reduces society to the level of the criminal Imposition is arbitrary and discriminatory