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C115WIN08Week9 - 1 Prisons Punishment& Corrections C115...

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Unformatted text preview: 1 Prisons, Punishment & Corrections C115 Winter 2008 Week 9 2 Outline Death Penalty Arguments pro and con Statistics Key court cases and legal issues 3 The Entrance to Death Row: San Quentin, California 4 Women's Death Row: Central California Women's Facility Women' 5 What Do You Think? Are you in favor of the death penalty? Why or why not? 6 Capital Punishment Debate: The PRO side moral arguments retribution calls for death penalty utilitarian arguments (deterrence) 200 studies: most--no evidence of deterrence: most--no Peterson & Bailey: murder rates were higher in states with death penalty than in adjacent states without it Lempert: confirmed no effect Lempert: Ehrich: each execution between 1933 & 1969 prevented between 7 & 8 murders Ehrich: murders National Academy of Sciences reanalyzed data & dismissed findings findings 7 Capital Punishment Debate : The CON side moral arguments capital punishment is not moral state does not have the right to take a life utilitarian arguments (deterrence) no convincing evidence that capital punishment deters 1 many capital crimes cannot be deterred drug/alcohol-based, psychological disturbance, rage drug/alcohol8 Capital Punishment Debate : The CON side (cont) economic arguments death penalty more expensive than life sentence extra $216,000 to prosecute; $2.16 million to execute other arguments mistakes are unavoidable & irreversible death sentence imposed in unfair & discriminatory way (e.g., by race, jurisdiction, even politics, 1,000 murders to 1 execution) 9 Gallop Poll Shows Public is in Favor of Death Penalty Public Opinion: Death Penalty Nearly 3/4 Americans support death penalty. Majority have supported it since Gallup survey first asked about it in 1936 only exception was 1960 - 1965 Support generally risen over last 35 years 10 11 Public Opinion: Death Penalty (cont) important note on survey methodology: methodology: support level depends on how question worded when offered alternative to capital punishment, many supporters opt for the alternative life without possibility of parole >20% shift to "opposition," when given this option opposition," life, in addition to restitution to the victim 12 % States with Death Penalty Outline Death Penalty Arguments pro and con Statistics Key Court Cases and legal issues 13 14 15 Death Penalty by the numbers 270 death sentences are pronounced yearly compared to 22,000 yearly arrests for murder & non-negligent manslaughter non# persons on death row exceeds 3,700 2 54 women are on death row 722 executions from 1976 - July, 2001 yearly executions generally > 74 since 1976 16 Where Death Penalty Imposed Where Executions Happen, 1976 - July, 2001 17 18 19 20 Recent Population Downturn Executions Slowing Somewhat California Death Penalty All state executions take place at San Quentin There are 667 inmates currently on death row, including 15 women held at a prison in Madera County Ethnicity: 38% white, 36% black, 21% Hispanic Age: Most in 40's 40' Year sentenced: Rise in Death Sentences in 1990's 1990' County: Southern California leads (30% of all DP sentences in state) state) Executions on hold, pending lethal injection decision 21 Death Chamber, San Quentin 22 23 24 Outline Death Penalty Arguments pro and con Statistics Key Court Cases and legal issues 25 Furman v. Georgia, 1972 U.S. Supreme Court ruled that the death penalty, as administered, constituted penalty, administered, cruel and unusual punishment, in violation of the 8th Amendment to the U.S. Constitution invalidated death penalty laws of 39 states & D.C. 35 states re-enacted laws re issue returned to Supreme Court... 26 Gregg v. Georgia, 1976 U.S. Supreme Court upheld death penalty laws which required the sentencing judge or jury to take into account specific aggravating and mitigating circumstances in deciding which convicted murders should be sentenced to death, and which authorized a "bifurcated" proceeding (trial to determine guilt and a separate hearing bifurcated" exclusively to determine penalty) 3 27 McCleskey v. Kemp, 1987 U.S. Supreme Court rejected a constitutional challenge (to Georgia's death penalty law) on the grounds of racial discrimination Georgia' attorney cited rigorous research showing the application of the death sentence in Georgia was racially biased.Court rejected racially claim (5-4 vote), ruling: (5in cases alleging racial discrimination, defendant has to prove decision makers acted with a discriminatory purpose in that specific case. statistical evidence showing discrimination throughout the state was not adequate proof McKleskey executed in 1991 28 Legal Issues re: Capital Punishment 29 Ford v. Wainwright, 1986 U.S. Supreme Court ruled the 8th Amendment prohibited the state from executing the incompetent; the incompetent; accused must comprehend both the fact that he has been sentenced to death and reason for it. accused was delusional, claiming KKK was part of a conspiracy to get him to commit suicide Court ruled there is no deterrent or retributive value to executing the mentally disturbed executing idea is offensive to humanity 30 Execution of Juveniles minimum age for execution varies by state 8 states don't specify don' in some, age is same as juvenile "waiver" age waiver" 84 males on death row who were < 18 (at time of offense) Thompson v. Oklahoma, 1988 Oklahoma, decided that William Thompson, 15 when he committed murder, could not be executed Sanford v. Kentucky & Wilkins v. Missouri, 1989 Missouri, offenders aged 16 and 17 can be executed 31 Execution of the Retarded 360 offenders on death row are retarded the retarded account for 10% of executions Penry v. Lynaugh, 1989 Lynaugh, Supreme Court held 8th Amendment does NOT prohibit execution of the mentally retarded Penry was a convicted killer with an IQ of 56 and mental capacity of a 7-year-old 7- year- 32 "habeas corpus petition" a writ requesting a court to review the conditions of incarceration or the basis of detention habeas corpus is the only means by which a federal court can hear challenges by state inmates to their convictions and/or sentences before an inmate may file a complaint in federal court, he must "exhaust" all the exhaust" administrative remedies that the state courts make available to him 33 Appeals average time sentence--execution: 7- 8 yrs sentence--execution: 7recent moves to limit that interval McCleskey v. Zant, 1991, Supreme Court: Zant, except in exceptional circumstances, lower federal courts must dismiss prisoner's second and subsequent prisoner' habeas corpus petitions 1993 Supreme Court: offender who presents belated evidence of innocence not necessarily entitled to 4 new hearing in federal court; evidence must be "truly persuasive" persuasive" Anti-Terrorism & Effective Death Penalty Act, 1996 AntiAct, death row inmates must file habeas corpus petition within one year 34 Counsel Appointed counsel often receive small fees eg, $1,000 per case; $20/hr (Alab.); eg, (Alab.); $11.75/hr (Miss.) Stickland v. Washington, 1984, Supreme Crt: Washington, Crt: defendant has a right to representation that meets an "objective standard of reasonableness" reasonableness" accused must show "that there is a reasonable probability that, but for counsel's unprofessional errors, counsel' the result of the proceeding would have been different." different. 35 Wrongfully Convicted? Types of Defective or Fraudulent Science Death Penalty Waning Illinois 2000, Gov. Ryan declares moratorium on executions 2003, Gov. Ryan commutes all death sentences to LWOP Maryland 2002, Gov. Glendening declares moratorium on executions Juries have imposed fewer death sentences each year since 2000 20 states have hold pending Supreme Court decision on lethal injection injection 36 37 38 Frontline Show: The Execution Lethal Injection in California http://www.ktvu.com/video/14205054/index.html 39 40 Innocence Project Archives http://www.innocenceproject.org/news/AV-Archive.php http://www.innocenceproject.org/news/AV- 5 ...
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