Criminology Unit 6 Crime and Punishment

2 Basic Objectives _________________________? *What is the purpose of punishment? *What rights should be provided to victims of crimes as well as convicted felons? *What is Due Process and how should it be applied? *Should punishment fit the crime or the person? *What is cruel and unusual punishment?

5 Philosophies of Punishment _________________ Education Punishment to “scare” from future crime Lock-up and remove from society Retribution Pay back to society Treatment Psychological and physiological causes Throughout U.S. history, examples can be found of each Many times philosophies based upon events

Criminal Justice System Police, Courts and Corrections Courts designed as ____________________ ______________ versus ______________ Burden of proof falls on _________________ Guilt beyond _________________________ _________ Guilt versus __________ Guilt Factual: ________________________________ Legal: _________________________________ Courts designed with _______________________ ____________ Jurisdiction versus ____________ Rights of accused maintained throughout justice system Amendments protecting civil liberties 4th, 5th, 6th, 8th and 14th

Amendments and Rights in the Justice System 4th Amendment ________________________________________ 5th Amendment 6th Amendment 8th Amendment 14th Amendment

Rights in the Justice System ________ Rights and ________ Rights Much of the reform in both areas occurred in _______________ Victim Rights __________________________________ Inmate Rights No right to bear arms Examples: Right to Disciplinary Hearings, Religious, Speech, Legal Assistance, Medical and Protection

History of Punishment __________________: 1750 B.C. One of earliest known legal codes Many forms of early punishments carried _________________________ Law of Retaliation “Eye for an Eye” Many forms of early punishments today would be considered cruel and unusual

Forms of Punishment ________________________ Common in biblical times and Europe Brought to Colonies Last officially sanctioned in Delaware in 1952 Michael Fay: American student in Singapore in 1994 ____________________________ Difficult to commit further crime and form or record keeping Amputate hand of thief, pluck eyes of spies, castration Lesser form of mutilation (still a form of record keeping) Different marks for different crimes 1st offense branding on hand; 2nd on forehead Usually in public square Punishment by community Stocks and Pillory Bringing back today with shoplifters, DWI and Prostitution Originally established for minor criminals or those in debt Teach work skills Early form of Prison Removal from land Examples throughout history

Development of Prison System ________________________________________________________________________ Emergence in U.S. in late _____’s Some examples from World History in 1400’s Influence of _______________ in Colonies Idea of _________________ Make amends with society and accept responsibility Annual budget of incarceration in U.S. is $___ billion Inmate health care over $__ billion Spending on incarceration has tripled since 1980 Approximately $____ for each U.S. resident per year Overall rate for violent and property crimes has declined by ___ percent Incarceration rate of ____ inmates per 100,000 residents Compared to other major countries around 115 per 100,000 Mandatory sentencing and repeat-offender laws

Capital Punishment Government ordered taking of another life Many early forms were _______________ Fear of demons (execution from a distance) ________ most associate with England in 1200’s “Long-drop” and “Short-drop” ___________________ with swords or axes Role of the ______________ in executions ______________ famous with _________ Developed machine used by others Also used by Nazis Last public execution: 1939 ; overall: 1977

Further Examples ___________________ Developed in ________________ in 1890 First used in __________________ Association with Nazi’s use of poisonous gas leads to negative feelings Extremely costly and dangerous Most common method used in U.S. today “34” states and Federal government

History of Death Penalty Earliest known executions Captain __________________ (1608) Executed in Jamestown Convicted of being a spy for Spain ______________________ (1622) Virginia governor enacts the Divine, Moral and Martial Laws in 1612 Execution for stealing grapes, killing chickens, or trading with Natives Executed in Virginia for theft Estimated today 15,000-20,000 executions Not officially recorded until _________ Most executions in single year: ___ with ___

Supreme Court Cases and the Death Penalty 1972: ________ vs. _______ Court rules violation of 8th and 14th Amendments 1976: Death penalty is reinstated and left to the states 3 separate Supreme Court cases ______ vs. ______ March, 2005: ______ vs. ______ Supreme Court changes ruling identifying that individual’s under the age of ___ at time of offense cannot be executed Based on earlier ruling of Atkins vs. Virginia determining mentally challenged cannot be executed as well

Death Penalty Today Currently “__” states, Federal government and U.S. military have the legislation to currently authorize sentence of death 34 states have provisions for current death sentence with 2 states still having individuals on death row Both Pennsylvania and California have halted executions ___________ just voted to reinstate death penalty ___________ is the primary method in all states that have Capital Punishment All other methods have lethal injection as primary method 8 use the electric chair 3 have the gas chamber 3 allow for hanging 2 permit the firing squad

Recent Execution Statistics ___ people executed in 2016 (as of Oct. 28, 2016) Since 1976, 1,439 executions _______ has had 538 of total 28 in 2015 35 in 2014 39 in 2013 43 in 2012 Death Row Inmates by Race Approximate ratio 42% White 42% African-American 13% Hispanic 3% other 2,905 prisoners on death row _____________: 741 Excess cost of $200 million a year maintaining death row population California has carried out 3 executions total in past 10 years

Race and the Death Penalty Over 75% of murder victims in cases resulting in an execution were white, even though nationally only 50% of murder victims are generally white North Carolina Study Out of 35 African Americans that kill Caucasians, 15 sentenced to death 73 Caucasians charged with killing African Americans, 11 were executed Recent study of interracial murders identifying persons Executed White defendant and black victim (31) Black defendant and white victim (289)

Minnesota and the Death Penalty Last execution took place in _______ William Williams convicted of double murder Friend and friend’s mother Hanging took place at Ramsey County Jail Miscalculated slack of rope Williams died after 14 minutes from strangulation Minnesota abolishes death penalty in 1911