Chapter 15 The Death Penalty

the entrance to death row San Quentin, California

women’s death row: Central California Women’s Facility

A Woman in the Spotlight

Scumbags of America “I’m innocent. I was raped! I hope you get raped! Scumbags of America!” “I’d just like to say I’m sailing with the rock, and I'll be back like Independence Day, with Jesus June 6. Like the movie, big mother ship and all, I’ll be back.” Aileen Wuornos

capital punishment debate the PRO side moral arguments moral arguments retribution calls for death penalty retribution calls for death penalty Deterrent argument Deterrent argument 200 studies: most--no evidence of deterrence: 200 studies: most--no evidence of deterrence: Peterson & Bailey: murder rates were higher in states with death penalty than in adjacent states without it Peterson & Bailey: murder rates were higher in states with death penalty than in adjacent states without it Lempert: confirmed no effect Lempert: confirmed no effect

capital punishment debate the PRO side Ehrich: each execution between 1933 & 1969 preven Ehrich: each execution between 1933 & 1969 preven ted between 7 & 8 murders ted between 7 & 8 murders National Academy of Sciences reanalyzed data & dismissed findings  National Academy of Sciences reanalyzed data & dismissed findings  economic arguments economic arguments death penalty is less expensive than life imprisonment death penalty is less expensive than life imprisonment

capital punishment debate the CON side moral arguments moral arguments capital punishment is not moral capital punishment is not moral state does not have the right to take a life state does not have the right to take a life Deterrent arguments Deterrent arguments no convincing evidence that capital punishment deters no convincing evidence that capital punishment deters many capital crimes cannot be deterred many capital crimes cannot be deterred drug/alcohol-based, psychological disturbance, rage drug/alcohol-based, psychological disturbance, rage economic arguments economic arguments death penalty more expensive than life sentence death penalty more expensive than life sentence

capital punishment debate the CON side extra $216,000 to prosecute; $2.16 million to execute other arguments other arguments mistakes are unavoidable & irreversible mistakes are unavoidable & irreversible death sentence imposed in unfair & discriminatory way death sentence imposed in unfair & discriminatory way eg, by race, jurisdiction, even politics (see Houston) eg, 1,000 murders to 1 execution

public opinion: death penalty nearly 3/4 Americans support death penalty. nearly 3/4 Americans support death penalty. majority have supported it since Gallup survey first asked about it in 1936 majority have supported it since Gallup survey first asked about it in 1936 only exception was only exception was support generally risen over last 35 years support generally risen over last 35 years

Public Opinion important note on survey methodology: important note on survey methodology: support level depends on how question worded support level depends on how question worded when offered alternative to capital punishment, many supporters opt for the alternative when offered alternative to capital punishment, many supporters opt for the alternative life without possibility of parole life without possibility of parole >20% shift to “opposition,” when given this option >20% shift to “opposition,” when given this option life, in addition to restitution to the victim life, in addition to restitution to the victim

Methods of death penalty US Lethal Injection Electrocution Gas Chamber Hanging Firing Squad

Methods of cap punishment around the world Beheading Beheading Stoning Stoning Guillotine Guillotine Quartering Quartering Single shooter execution Single shooter execution

Hollywood’s version of the death penalty

A real execution

Support for Death Penalty When Alternatives Are Presented

Alternatives Life in Prison: A More Suitable Punishment?

Caged Life Vs. No Life While there are many who believe murderers and kidnappers should be executed, there are many who believe life without parole in a maximum security prison is a fate worse than death.

Wrongful Convictions There have been cases where a person was given the death penalty and it was later found through new evidence that the person was not guilty. While some wrongfully convicted prisoners manage to get free on Death Row (Such as Gordon Steidl) there are some who are found innocent far too late

% states with death penalty NO death penalty WITH death penalty

Furman v. Georgia, 1972 U.S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment, in violation of the 8th Amendment to the U.S. Constitution U.S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment, in violation of the 8th Amendment to the U.S. Constitution invalidated death penalty laws of 39 states & D.C. invalidated death penalty laws of 39 states & D.C. 35 states re-enacted laws 35 states re-enacted laws issue returned to Supreme Court... issue returned to Supreme Court...

Gregg v. Georgia, 1976 U.S. Supreme Court upheld death penalty laws which 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 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 exclusively to determine penalty) authorized a “bifurcated” proceeding (trial to determine guilt and a separate hearing exclusively to determine penalty)

Gilmore v Utah Gary Gilmore was an American who gained international notoriety for demanding that his own death sentence be fulfilled following two murders he committed in Utah Gary Gilmore was an American who gained international notoriety for demanding that his own death sentence be fulfilled following two murders he committed in Utahdeath sentenceUtahdeath sentenceUtah He became the first person executed in the United States after the U.S. Supreme Court upheld a new series of death penalty statutes in the 1976 decision Gregg v. Georgia. He became the first person executed in the United States after the U.S. Supreme Court upheld a new series of death penalty statutes in the 1976 decision Gregg v. Georgia.U.S. Supreme CourtGregg v. GeorgiaU.S. Supreme CourtGregg v. Georgia (These new statutes avoided the problems that had led earlier death penalty statutes to be deemed unconstitutional in Furman v. Georgia. (These new statutes avoided the problems that had led earlier death penalty statutes to be deemed unconstitutional in Furman v. Georgia.Furman v. GeorgiaFurman v. Georgia Gilmore was executed by firing squad in Gilmore was executed by firing squad in 1977.firing squadfiring squad

Legal issues re: capital punishment appeals execution of juveniles execution of “insane” execution of mentally disabled populations & processes counsel

Execution of juveniles and mentally disabled inmates Executions of criminals who committed their crime as a juvenile ends in 2007 Executions of criminals who committed their crime as a juvenile ends in 2007 Execution of someone deemed mental disabled ends in 2002 Execution of someone deemed mental disabled ends in 2002

Appeals average time sentence--execution: 7- 8 yrs average time sentence--execution: 7- 8 yrs recent moves to limit that interval recent moves to limit that interval McCleskey v. Zant, 1991, Supreme Court: McCleskey v. Zant, 1991, Supreme Court: except in exceptional circumstances, lower federal courts must dismiss prisoner’s second and subsequent habeas corpus petitions.

Appeals 1993 Supreme Court: offender who presents belated evidence of innocence not necessarily entitled to new hearing in federal court; evidence must be “truly persuasive” 1993 Supreme Court: offender who presents belated evidence of innocence not necessarily entitled to new hearing in federal court; evidence must be “truly persuasive” Anti-Terrorism & Effective Death Penalty Act, 1996 Anti-Terrorism & Effective Death Penalty Act, 1996 death row inmates must file habeas corpus petition within one year death row inmates must file habeas corpus petition within one year

Counsel appointed counsel often receive small fees appointed counsel often receive small fees eg, $1,000 per case; $20/hr (Alab.); $11.75/hr (Miss.) eg, $1,000 per case; $20/hr (Alab.); $11.75/hr (Miss.) Stickland v. Washington, 1984, Supreme Crt: Stickland v. Washington, 1984, Supreme Crt: defendant has a right to representation that meets an “objective standard of reasonableness” defendant has a right to representation that meets an “objective standard of reasonableness”

Counsel accused must show “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” accused must show “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.”

where death penalty imposed % of all death sentences imposed

Blue: No current death penalty statute Orange: Death penalty statute declared unconstitutional Green: No one executed since 1976 Red: Has performed execution since 1976

Executions by state

Executions in US Over one-third of executions occur in Texas; Source: hp?did=414&scid=8 hp?did=414&scid=8 Also see: hp?scid=8&did=186

Death penalty in NJ No one has been executed by the state of New Jersey since 1963, although a statute reinstating capital punishment for murder had been in force from 1982 until No one has been executed by the state of New Jersey since 1963, although a statute reinstating capital punishment for murder had been in force from 1982 until 2007.New Jerseycapital punishmentNew Jerseycapital punishment Historically, at least 361 people were executed by the state between the execution of a slave named Tom for rape in 1690 and the execution of Ralph Hudson for murder on January 22, 1963 Historically, at least 361 people were executed by the state between the execution of a slave named Tom for rape in 1690 and the execution of Ralph Hudson for murder on January 22, 1963slave rapeRalph Hudson murderslave rapeRalph Hudson murder On December 10, 2007, the New Jersey Senate passed bill to repeal the current death penalty statute, and replaced it with life imprisonment without parole On December 10, 2007, the New Jersey Senate passed bill to repeal the current death penalty statute, and replaced it with life imprisonment without paroleNew Jersey Senatelife imprisonmentNew Jersey Senatelife imprisonment

where executions happen, July, executions carried out since 1976

Capital punishment and race Four possible areas of racial bias: Four possible areas of racial bias: Race of perpetrator—a diminishing issue Race of perpetrator—a diminishing issue Race of victim—still a significant problem Race of victim—still a significant problem Race of jurors—a significant issue Race of jurors—a significant issue Race of prosecutor—98% of prosecutors are white Race of prosecutor—98% of prosecutors are white Most significant in mid-range cases, not most or least aggravated cases. Most significant in mid-range cases, not most or least aggravated cases. Raises memories of racial lynchings in early 20 th century Raises memories of racial lynchings in early 20 th century Subtle bias in terms of how offenders are charged, how the prosecution proceeds, etc. Subtle bias in terms of how offenders are charged, how the prosecution proceeds, etc. See and See andhttp://bjs.ojp.usdoj.gov/content/glance/exe.cfm

inmates on death row by race