Capital Punishment Lecture

Capital Punishment Lecture - Criminal Proceedings Criminal...

Info iconThis preview shows pages 1–9. Sign up to view the full content.

View Full Document Right Arrow Icon
Criminal Proceedings Criminal Proceedings as Exclusionary Mechanism Designed to Redefine Civil Rights of Individual 13th Amendment to Constitution Creates Slaves of the State (1865) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Background image of page 1

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

View Full DocumentRight Arrow Icon
Criminal Proceedings Criminal Proceedings as Exclusionary Mechanism Must be done fairly 14th Amendment: Due Process Clause -- No State shall . .. deprive any person of life, liberty, or property, without due process of law (1868) Must not result in unfair punishment Eighth Amendment: “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Bill of Rights)
Background image of page 2
Prisoners Become Slaves of the State Ruffin v. Commonwealth (1871) …He (convicted felon) has, as a consequence of his crime, not only forfeited his liberty, but all his personal rights except those which the law in its humanity accords to him. He is for the time being the slave of the State. He is civiliter mortuus; and his estate, if he has any, is administered like that of a dead man.
Background image of page 3

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

View Full DocumentRight Arrow Icon
Post Civil War, Reconstruction Lynchings
Background image of page 4
Special Significance of Rape 1860 through 1972 802 persons executed for rape (this is unconstitutional ) . 87-90% of were of African American Heritage. 69 persons executed for attempted rape. 96% were of African American Heritage. Scottsboro Boys and Emmett Till Systematic Study – NAACP Legal Defense Fund Offenders with African American heritage seven to eight times more likely to be sentenced to death for rape after numerous factors controlled.
Background image of page 5

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

View Full DocumentRight Arrow Icon
Patterns of Executions Since 1930
Background image of page 6
Moratorium on Executions The 5-year average for the highest point, 1935-39, was 178. By 1945-49, it was 128. By 1955-59, it was down to 61. In 1963, when the LDF lawyers launched their initial efforts, the number had fallen to 21. Two years later, as reform efforts gained steam, the number of executions was 7. There would be one execution in 1966 and 2 in 1967, the last one in June. In 1968 there were none. The now achieved moratorium would be capstoned by Furman v. Georgia 1972
Background image of page 7

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

View Full DocumentRight Arrow Icon
The moratorium on executions did not mean an end to death sentences. Trials were held, convictions secured, and persons continued to arrive on death rows. In the early 1960s the number of inmates on the nation’s death rows passed 500. By 1968, the first year when executions fell to zero, the reported daily average of death row inmates for the year was 517. By 1971, the year prior to the landmark Supreme Court
Background image of page 8
Image of page 9
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 39

Capital Punishment Lecture - Criminal Proceedings Criminal...

This preview shows document pages 1 - 9. Sign up to view the full document.

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