The Death Penalty - Corrections – Outline | C J 2430, Study notes of Community Corrections

Material Type: Notes; Professor: Zaitzow; Class: CORRECTIONS; Subject: Criminal Justice; University: Appalachian State University; Term: Fall 2009;

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Uploaded on 12/06/2009

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The Death Penalty
CHAPTER OUTLINE
I. Capital Punishment
A. The debate over capital punishment
1. Retribution, deterrence, and incapacitation are usually cited as the
reasons for keeping the death penalty.
B. Arguments supporting capital punishment
1. The death penalty deters criminals from committing violent acts.
2. The death penalty serves justice by paying killers back for horrible
crimes.
3. The death penalty prevents murderers from doing further harm.
4. The death penalty is less expensive than holding violent criminals in
prison for decades or for life.
C. Arguments opposing capital punishment
1. There is no evidence that the death penalty deters violent crime.
2. It is wrong for a government to participate in the intentional killing of its
citizens.
3. The death penalty is applied in a discriminatory fashion.
4. Innocent people have been executed.
II. The Death Penalty in America
A. The death penalty has been controversial since colonial times; executions
carried out in public until the 1830s; strong historical roots in American
culture.
B. Death Row Population
1. Between 1930 and 1967 when the Supreme Court ordered a stay of
executions, 3,859 men and women were executed by state and federal
authorities.
2. In 1935, 199 people were put to death, but after that, the number
began to fall steadily.
3. After the Supreme Court reaffirmed the constitutionality of the death
penalty in 1976, state legislatures quickly enacted new laws providing
for the execution of convicted murderers under some circumstances;
executions resumed.
4. The numbers of people facing the death penalty has increased
dramatically since 1976.
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The Death Penalty

CHAPTER OUTLINE

I. Capital Punishment A. The debate over capital punishment

  1. Retribution, deterrence, and incapacitation are usually cited as the reasons for keeping the death penalty. B. Arguments supporting capital punishment
  2. The death penalty deters criminals from committing violent acts.
  3. The death penalty serves justice by paying killers back for horrible crimes.
  4. The death penalty prevents murderers from doing further harm.
  5. The death penalty is less expensive than holding violent criminals in prison for decades or for life. C. Arguments opposing capital punishment
  6. There is no evidence that the death penalty deters violent crime.
  7. It is wrong for a government to participate in the intentional killing of its citizens.
  8. The death penalty is applied in a discriminatory fashion.
  9. Innocent people have been executed. II. The Death Penalty in America A. The death penalty has been controversial since colonial times; executions carried out in public until the 1830s; strong historical roots in American culture. B. Death Row Population
  10. Between 1930 and 1967 when the Supreme Court ordered a stay of executions, 3,859 men and women were executed by state and federal authorities.
  11. In 1935, 199 people were put to death, but after that, the number began to fall steadily.
  12. After the Supreme Court reaffirmed the constitutionality of the death penalty in 1976, state legislatures quickly enacted new laws providing for the execution of convicted murderers under some circumstances; executions resumed.
  13. The numbers of people facing the death penalty has increased dramatically since 1976.
  1. As of April1, 2004, 3,436 men and 51 women were awaiting execution. C. Public Opinion -- Since 1936, Gallup has asked the public, “Do you favor or oppose the death penalty for persons convicted of murder?”
  2. The majority of Americans favored capital punishment until 1960; public support gradually declined to a low of 40% in 1965.
  3. With the rise in crime in the late 1960s, opinion shifted to a tougher stance.
  4. By 1994 there was a major reversal of public opinion with 80% of Americans supporting the death penalty.
  5. When given an explicit alternative to the death penalty the percentage of Americans favoring the death penalty drops to near 50%.
  6. Opinion on the death penalty is somewhat confusing and much depends on the wording of the question.
  7. The public is about evenly split when respondents were asked to choose between life without parole and death. D. With 38 states and the federal government authorizing capital punishment, about 160 death sentences are pronounced each year and the number on death row has risen. III. The Death Penalty and the Constitution A. Death obviously differs from other punishments in that it is final and irreversible. The Supreme Court has examined the decision making process in capital cases to ensure that the Constitution’s requirements regarding due process, equal protection, and cruel and unusual punishment are fulfilled. B. Key Supreme Court Cases:
  8. Furman v. Georgia (1972) – the death penalty, as administered, constituted cruel and unusual punishment.
  9. Gregg v. Georgia (1976) – laws that required sentencing judge or jury to take into account specific aggravating and mitigating factors in decided which offender should be sentenced to death were upheld. States also created “bifurcated” proceedings in which a trial determines guilt or innocence and then a separate hearing focuses exclusively on the issue of punishment.
  10. McCleskey v. Kemp (1987) – the court rejected a challenge to the Georgia death penalty law on the grounds of racial discrimination; may have dealt a fatal blow to hopes of death penalty opponents.
  11. In June 2002, Atkins v. Virginia ruled that execution of the mentally retarded was unconstitutional. C. Continuing Legal Issues:
  12. Execution of the Insane: Ford v. Wainwright (1986) – Ricky Ray Rector and Washington v. Harper (1990). Although the Supreme Court has ruled that the insane should not be executed, how competence should be determined remains an issue. A second issue concerns the morality of treating an offender’s mental illness so that they can be executed.
  1. Even within states, the probability that a prosecutor will ask for the death penalty differs.
  2. The discretionary power of prosecutors and the local political environment explain much of these differences. D. Was Race a Factor?
  3. African American males make up about 43% of the death row population, yet compose only about 7% of the U.S. population.
  4. Over 80% of capital cases involve white victims, yet nationally only 50% of murder victims are white.
  5. Research shows imposition of the death penalty in Georgia was influenced by the race of the murder victim and, to a lesser extent, the race of the offender.
  6. The death sentence was four times more likely to be imposed when the victim was white. V. A Continuing Debate? A. On January 31, 2000, Illinois Governor George Ryan, a longtime supporter of the death penalty, called for a moratorium on executions in his state, the first such call in any state.
  7. Ryan noted that since 1976, Illinois had executed 12 people yet freed 13 from death row as innocent.
  8. Ryan said he would authorize executions only if he could be given a “100% guarantee” against mistaken convictions.
  9. This signaled a major shift in death penalty politics.
  10. Juries have imposed far fewer death sentences each year since 2000.
  11. In 2003, there were 144 death sentences, the fewest since 1977. B. Innocent Protection Act would make it easier for inmates to have DNA evidence tested and results used to challenge their convictions.