1. Explain retribution to deter crime At one time the primary reason for punishing a criminal was RETRIBUTION. This is the idea behind the saying “an.

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Presentation transcript:

1. Explain retribution to deter crime At one time the primary reason for punishing a criminal was RETRIBUTION. This is the idea behind the saying “an eye for an eye and a tooth for a tooth.” At one time the primary reason for punishing a criminal was RETRIBUTION. This is the idea behind the saying “an eye for an eye and a tooth for a tooth.” Instead of individuals seeking revenge, society does it through the criminal justice system. Instead of individuals seeking revenge, society does it through the criminal justice system.

Explain deterrence to deter crime 2. Explain deterrence to deter crime Deterrence: punishment to discourage the offender from committing another crime in the future; also, to deter others from committing the crime. Deterrence: punishment to discourage the offender from committing another crime in the future; also, to deter others from committing the crime.

Explain the purpose of rehabilitation to deter crime. 3. Explain the purpose of rehabilitation to deter crime. Rehabilitation is helping convicted persons change their behavior so that they can lead useful and productive lives after their release Rehabilitation is helping convicted persons change their behavior so that they can lead useful and productive lives after their release

4. Explain the purpose of incapacitation to deter crime Incapacitation means that the criminal is physically separated from the community and the communit4ed is protected as a result of incapacitation. Incapacitation means that the criminal is physically separated from the community and the communit4ed is protected as a result of incapacitation. PRISON PRISON

5. Explain Parole Parole is the release of a convicted person from prison before his or her entire sentence has been served. Parole is the release of a convicted person from prison before his or her entire sentence has been served. Eligibility of parole is not a right, but, rather, a privilege. Inmates may go before a parole board that makes the decision Eligibility of parole is not a right, but, rather, a privilege. Inmates may go before a parole board that makes the decision

Two ways people can become eligible for parole 6. Two ways people can become eligible for parole. 1.After serving a minimum sentence specified by the judge or law. 2.Or, people automatically become eligible for parole after serving a portion of the total sentence

What is capital punishment also known as 7. What is capital punishment also known as? Capital punishment is also known as the death penalty Capital punishment is also known as the death penalty

US Supreme Court US Supreme Court 2008 In 2008, the Court found that a state law providing the death penalty for the rape of a child was a disproportionate punishment (the punishment did not fit the crime) and a violation of the 8 th Amendment. In 2008, the Court found that a state law providing the death penalty for the rape of a child was a disproportionate punishment (the punishment did not fit the crime) and a violation of the 8 th Amendment.

9. In 1972 case of Furman v. Georgia, the US Supreme Court held that the death penalty as then applied was unconstitutional. – Executions were halted. States rewrote capital punishment laws. In 1978, the Court ruled that the new laws were constitutional In 1972 case of Furman v. Georgia, the US Supreme Court held that the death penalty as then applied was unconstitutional. – Executions were halted. States rewrote capital punishment laws. In 1978, the Court ruled that the new laws were constitutional

10. Death row at end of 2006 A. 98% were men A. 98% were men B. 56% were white B. 56% were white C. 42% were black C. 42% were black D. 11% were Hispanic D. 11% were Hispanic.

11. What do most states use to carry out executions? Most use lethal injections Most use lethal injections

In 2007, all executions were temporarily stopped when the Supreme Court agreed to hear a case that challenged lethal injection as cruel and unusual punishment in violation of the 8 th Amendment. In 2007, all executions were temporarily stopped when the Supreme Court agreed to hear a case that challenged lethal injection as cruel and unusual punishment in violation of the 8 th Amendment.

12a. However, in 2008 the Court decided that the use of lethal injection did not pose a substantial risk of serous harm, and executions resumed. However, in 2008 the Court decided that the use of lethal injection did not pose a substantial risk of serous harm, and executions resumed.

13. Explain the two parts in a capital punishment trial. Part one: the jury decides guilt or innocence Part one: the jury decides guilt or innocence Part two: jury decides whether the defendant should receive the death penalty or a lesser punishment. Part two: jury decides whether the defendant should receive the death penalty or a lesser punishment. Judges and juries must consider both aggravating and mitigating circumstances. Judges and juries must consider both aggravating and mitigating circumstances.

14. Aggravating Circumstances Aggravating circumstances are factors that suggest the defendant deserves a more severe punishment. Examples include a gruesome murder, crimes involving children, or previous convictions of the accused Aggravating circumstances are factors that suggest the defendant deserves a more severe punishment. Examples include a gruesome murder, crimes involving children, or previous convictions of the accused

15. Mitigating Circumstances Mitigating circumstances are factors that suggest the defendant deserves a less severe punishment. Examples include the defendant’s age, lack of criminal record, or a history of showing that the victim had previously abused the defendant. Mitigating circumstances are factors that suggest the defendant deserves a less severe punishment. Examples include the defendant’s age, lack of criminal record, or a history of showing that the victim had previously abused the defendant.

16. List the reasons why opponents are against capital punishment No one who values life can approve of the death penalty. No one who values life can approve of the death penalty. Religious and moral objections to killing apply to the government. Religious and moral objections to killing apply to the government. Say death penalty does not deter murder Say death penalty does not deter murder Death penalty applied in an unfair manner – more minorities executed Death penalty applied in an unfair manner – more minorities executed Violates 8 th Amendment’s ban against “cruel and unusual punishment.” Violates 8 th Amendment’s ban against “cruel and unusual punishment.”

What is one approach to dealing with a wrongful conviction 17. What is one approach to dealing with a wrongful conviction? Use life in prison without parole instead of the death penalty Use life in prison without parole instead of the death penalty

What do advocates of the death penalty state 18. What do advocates of the death penalty state? Advocates state it is a JUST punishment for those who commit the most serious crimes. Advocates state it is a JUST punishment for those who commit the most serious crimes. Threat of death DOES deter crime because people fear death more than any other punishment. Threat of death DOES deter crime because people fear death more than any other punishment.