{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

29%20Nov%20356%20Death%20Penalty%20(2)

29%20Nov%20356%20Death%20Penalty%20(2) - 1 The American...

Info iconThis preview shows pages 1–5. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: 1 The American Death The American Death Penalty Regime Penalty Regime Part 2: How Part 2: How Error Prone Error Prone is the is the Regime? Is It Possible to Design Regime? Is It Possible to Design an an Error Free Error Free Regime? Regime? The Fundamental Problem of Designing a Death Penalty Regime: Minimizing, If Not Eliminating, Two kinds of Errors Correct Outcome Not Convicted Not Convicted Correct Outcome Convicted Convicted Factually or Factually or Legally Legally Not Not Guilty Guilty Factually and Factually and Legally Guilty Legally Guilty Is it possible to eliminate or minimize both kinds of errors simultaneously? Is there an underlying tension between the costs of due process, which presumably minimizes false positives, and the risks of crime control that minimize false negatives? False Positive Error (Type I Error) False Negative Error (Type II Error) 2 Using Judge-Jury Agreements to Estimate Errors -- If judges are more often correct than juries, then the discrepancy between how judges would have decided and how juries decided is a cause of concern. 3 Source: Gelman, et al. 2004. Broken System: The Persistent Patterns of Reversal of Death Penalty Sentences in the United States Does the System Catch the Errors? Are Reversals Evidence the System Works? Or Evidence That the Regime is Error Prone? Nearly 90 percent of reported homicides result in arrests Fewer than half of the homicide arrests result in convictions for murder Fewer than 1 out of 5 convictions for murder result in a death penalty sentence Nearly half of the death penalty cases are reversed Note the number of executions Another Look: What Happens at Each Stage Of those appeals that are concluded, roughly 60 percent of death sentences are upheld. Roughly 40 percent are reversed. 1 out of 10 cases upheld on direct appeal are reversed on post-conviction review. On habeas corpus petitions, roughly 40 percent are reversed 4 Reversal rates obviously vary by federal circuit court and by state. Does this mean that some states do a better of job than others in minimizing errors? What does this imply with regard to implementing capital punishment in the American federal system? The Fifth Circuit includes Texas, Louisiana and Mississippi. Note the high reversal rate for Mississippi. Does this mean the Circuit Court is catching errors in this states trial courts?...
View Full Document

{[ snackBarMessage ]}

Page1 / 8

29%20Nov%20356%20Death%20Penalty%20(2) - 1 The American...

This preview shows document pages 1 - 5. Sign up to view the full document.

View Full Document Right Arrow Icon bookmark
Ask a homework question - tutors are online