Clear & Cole, American Corrections, 8 th Chapter 20 The Death Penalty

Clear & Cole, American Corrections, 8 th The Death Penalty  The Debate over Capital Punishment  The Death Penalty in America Death Row Population Public Opinion  The Death Penalty and the Constitution Key U.S Supreme Court Decisions Continuing Legal Issues  Who is on Death Row? Who Are They? Where Was the Crime Committed? Who Was the Prosecutor? Was Race a Factor?  A Continuing Debate?

Clear & Cole, American Corrections, 8 th capital punishment debate the PRO side  moral arguments retribution calls for death penalty  utilitarian arguments (deterrence) 200 studies: most--no evidence of deterrence: F Peterson & Bailey: murder rates were higher in states with death penalty than in adjacent states without it F Lempert: confirmed no effect F Ehrich: each execution between 1933 & 1969 prevented between 7 & 8 murders National Academy of Sciences reanalyzed data & dismissed findings  economic arguments death penalty is less expensive than life imprisonment 

Clear & Cole, American Corrections, 8 th 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 many capital crimes cannot be deterred F drug/alcohol-based, psychological disturbance, rage  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 (see Houston) e.g., 1,000 murders to 1 execution

Clear & Cole, American Corrections, 8 th 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  support generally risen over last 35 years  important note on survey methodology: support level depends on how question worded when offered alternative to capital punishment, many supporters opt for the alternative F life without possibility of parole >20% shift to “opposition,” when given this option F life, in addition to restitution to the victim

Clear & Cole, American Corrections, 8 th Comparing Homicide Rates and Executions in Four States

Clear & Cole, American Corrections, 8 th % states with death penalty NO death penalty WITH death penalty

Clear & Cole, American Corrections, 8 th Persons Executed in the United States, 1930–2006

Clear & Cole, American Corrections, 8 th Attitudes toward the Death Penalty for Persons Convicted of Murder, 1965–2006

Clear & Cole, American Corrections, 8 th death penalty by the numbers  270 death sentences are pronounced yearly compared to 22,000 yearly arrests for murder & non-negligent manslaughter  # persons on death row exceeds 3, women are on death row  722 executions from July, 2001  yearly executions generally > 74 since 1976

Clear & Cole, American Corrections, 8 th 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 invalidated death penalty laws of 39 states & D.C. 35 states re-enacted laws issue returned to Supreme Court...

Clear & Cole, American Corrections, 8 th 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 exclusively to determine penalty)

Clear & Cole, American Corrections, 8 th McCleskey v. Kemp, 1987  U.S. Supreme Court rejected a constitutional challenge (to Georgia’s death penalty law) on the grounds of racial discrimination attorney cited rigorous research showing the application of the death sentence in Georgia was racially biased. Court rejected claim (5-4 vote), ruling: F in cases alleging racial discrimination, defendant has to prove decision makers acted with a discriminatory purpose in that specific case. F statistical evidence showing discrimination throughout the state was not adequate proof. McKleskey executed in 1991

Clear & Cole, American Corrections, 8 th legal issues re: capital punishment appeals execution of juveniles execution of “insane” execution of retarded populations & processes counsel

Clear & Cole, American Corrections, 8 th Ford v. Wainwright, 1986  U.S. Supreme Court ruled the 8th Amendment prohibited the state from executing the incompetent; the 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 idea is offensive to humanity

Clear & Cole, American Corrections, 8 th execution of juveniles  minimum age for execution varies by state 8 states don’t specify in some, age is same as juvenile “waiver” age  84 males on death row who were < 18 (at time of offense)  Thompson v. Oklahoma, 1988 decided that William Thompson, 15 when he committed murder, could not be executed  Sanford v. Kentucky & Wilkins v. Missouri, 1989 offenders aged 16 and 17 can be executed

Clear & Cole, American Corrections, 8 th execution of the retarded  360 offenders on death row are retarded  the retarded account for 10% of executions  Penry v. Lynaugh, 1989 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.

Clear & Cole, American Corrections, 8 th “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 administrative remedies that the state courts make available to him.

Clear & Cole, American Corrections, 8 th appealsappeals  average time sentence - execution: 7- 8 yrs  recent moves to limit that interval McCleskey v. Zant, 1991, Supreme Court: except in exceptional circumstances, lower federal courts must dismiss prisoner’s second and subsequent habeas corpus petitions 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 death row inmates must file habeas corpus petition within one year

Clear & Cole, American Corrections, 8 th counselcounsel  appointed counsel often receive small fees e.g., $1,000 per case; $20/hr (Alab.); $11.75/hr (Miss.)  Stickland v. Washington, 1984, Supreme Crt: defendant has a right to representation that meets an “objective standard of reasonableness” 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.”

Clear & Cole, American Corrections, 8 th where executions happen, July, 2001

Clear & Cole, American Corrections, 8 th inmates on death row by race