CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 1 Welcome to Unit 9!! Unit 9

Graded items: 1.Seminar 2.Final Essay Paper CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 2

Unit 9 Final Essay Paper The US correctional system can serve two specific functions in relation to criminal offenders. First, it can serve as a tool for punishing the offender and making the offender pay for his/her crimes. Second, it can serve as a means to rehabilitating the offender and preparing him/her for successful reentry into society. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 3

Unit 9 paper cont. Assignment Write a 3-page paper that answers all 3 of the following questions: 1.How does our correctional system punish offenders? 2.How does our correctional system rehabilitate offenders? 3.Which method is more effective in reducing crime, punishment or rehabilitation? Explain your choice. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 4

Unit 9 sources You are required to use at least 2 references for this paper. One reference can be your text from this class and the other reference should come from the Kaplan library. Be sure to list your sources on your reference page. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 5

Unit 9 paper cont. Your paper must follow this format: Page 1 – Cover page Pages 2, 3 and 4 – Body of text Page 5 – Reference page Please remember to write a full 3 pages for your body of text. Your paper should be written in Times New Roman size 12 font and double spaced. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 6

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 7

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 8

In -Text: …. (Smith & Wesson, 2002). Smith and Wesson (2002) found that … Smith, D.W., & Wesson, T. E. (2002). Gun shots at the Alamo. Baton Rouge, LA: LSU Press. Examples Note: (most examples adapted from Perrin, 2004)

 Avoid, only use if essential for clarity  Even if not quoting, you must cite  Quotations must have the page number attached  You must quote exactly  Short quotes – less than 40 words, put in quotation marks, followed by the in text cite and the page number  Long quotes – more than 40 words, must be indented in a block format, with no quotation marks also cited with page number(s).  Do not need to repeat names if they appear in the text. Quotations

What is appropriate? Direct quote - word-for-word –enclosed in quotation marks (with the source in quotation marks after the quote) Paraphrasing - put the words in the reference source in your own words Summarizing –again in your own words, a shortened version. Give credit by citing in two places.. The body of text and the reference list.

Examples of in-text citations Quote - “There is no one definition of domestic violence that totally explains the complex dynamics of family violence.” (Gosselin, 2005, pg. 8) Paraphrase – According to Gosselin, no definition completely explains the complex issues of domestic and family violence (2005) Summary –complex domestic and family violence are difficult to define. Reference List at the end..

APA FORMAT Papers Title page Reference list and in text citations alphabetically by author’s last name hanging indent Discussion threads Citation at the end of the post, as appropriate The Purdue, Rules for Writers

I know you got them QUESTIONS???? CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 17

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 18 Prisons  A prison is a state or federal confinement facility that has custodial authority over adults sentenced to confinement.  The use of prisons as a place to serve punishment is a relatively new way to handle offenders.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 19 Early Punishments  Types of early punishments:  Flogging  Mutilation  Branding  Public humiliation  Workhouses  Exile

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 20 The Penitentiary Era  Philadelphia Penitentiary begun by Quakers for humane treatment of offenders.  Rehabilitation through penance (solitary confinement and Bible study).  Known as the “Pennsylvania System.”

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 21 The Mass Prison Era  Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor.  This Auburn System was the primary competitor to the Pennsylvania System.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 22 The Reformatory Era  Based on the use of the indeterminate sentence.  Believed in the possibility of rehabilitation, especially for youthful offenders.  Elmira Reformatory attempted reform rather than punishment.  A system of graded stages in educational, behavioral and other goals gave way to the system of “parole.”  Ultimately considered a failure, since recidivism was still a problem.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 23 The Industrial Era  Prisoners used for cheap labor.  Industrial production in the North; agriculture in the South.  Six systems of inmate labor: contract system, piece-price system, lease system, public account system, state-use system, and public works system.  Labor unions complained that they could not compete.  The passage of the Hawes-Cooper Act and Ashurst-Sumners Act limited inmate labor.  Some prison industries exist today.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 24 The Punitive Era  Characterized by belief that prisoners owed a debt to society.  Custody and institutional security the central values.  Few innovations.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 25 The Treatment Era  Medical model suggested inmates were sick and needed treatment.  Most treatments include individual or group therapy.  Other forms of therapy include: Behavior therapy Chemotherapy Neurosurgery Sensory deprivation Aversion therapy

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 26 The Community-Based Era  Based on premise that rehabilitation cannot occur in isolation from the real world.  Prisons considered dehumanizing.  Led to innovations in the use of volunteers and the extension of inmate privileges.  Programs include: Half-way houses Work-release Study-release

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 27 The Warehousing Era  Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases.  Nothing works doctrine.  Prison overcrowding became widespread.  Greater emphasis on incarcerating non-violent drug offenders.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 28 U.S. Prison Population: Source: Bureau of Justice Statistics

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 29 The “Just Deserts” Era present  Based on the justice model.  Emphasis on individual responsibility and punishment.  Imprisonment is a proper consequence of criminal and irresponsible behavior.  Chain gangs, “three-strikes,” and reduced parole.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 30 Prisons Today: Numbers and Types of Prisons Approximately  1,325 state prisons  84 federal prisons  482 state and federal prisoners per 100,000 population On January 1, 2004, state and federal prisons held 1,461,191 inmates. Slightly more than 6.9% of those imprisoned were women.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 31 Prisons Today: Sentences In state prisons:  49% are violent criminals  19% are property criminals  20% drug law violators In federal prisons:  61% are drug law violators

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 32 There are three security levels: 1. Maximum 2. Medium 3. Minimum Security Levels in State Prison Systems

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 33 Most maximum security institutions tend to be massive old buildings with a large inmate population, including all death row inmates. They provide a high level of security with:  High fences/walls of concrete  Several barriers between living area  Secure cells  Armed guards  Gun towers Maximum Security

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 34 Medium security prisons are similar in design to maximum security facilities; however, they:  Usually have more windows.  Tend to have barbed wire fences instead of large stone walls.  Sometimes use dormitory style housing. Medium Security

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 35 Medium security prisons allow prisoners more freedom, such as:  Associating with other prisoners  Going to the prison yard or exercise room  Visiting the library  Showering and using bathroom facilities with less supervision An important security tool is the count.  The process of counting inmates during the course of a day.  Times are random, and all business stops until the count is verified. Medium Security

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 36 In minimum security prisons:  Housing tends to be dormitory style.  Prisoners usually have freedom of movement within the facility.  Work is done under general supervision only.  Guards are unarmed, and gun towers do not exist.  Fences, if they exist, are low and sometimes unlocked.  “Counts” are usually not taken.  Prisoners are sometimes allowed to wear their own clothes. Minimum Security

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 37 Classification systems determine which custody level to assign an inmate to. Assignments are based on:  Offense history  Assessed dangerousness  Perceived risk of escape  Other factors Inmates may move among the security levels depending on their behavior. Internal classification systems determine placement and program assignment within an institution. Prison Classification System

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 38 Sentencing CHAPTER 11

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 39 Sentencing Sentencing—the imposition of a criminal sanction by a judicial authority. Most sentencing decisions are made by a judge, though in some cases, especially death-eligible cases, juries are involved.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 40  Imprisonment  Fines  Probation  Death Traditional Sentencing Options

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 41 Goals of Sentencing

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 42 1)Retribution 2)Incapacitation 3)Deterrence 4)Rehabilitation 5)Restoration Goals of Sentencing Modern sentencing practices are influenced by five goals:

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 43 Incapacitation …the use of imprisonment, or other means, to reduce the likelihood that an offender will be capable of committing future offenses.  In ancient times, mutilation and amputation were used to incapacitate.  Incapacitation requires restraint, not punishment.  It is popular in the U.S., as evidenced by the increase in prison populations. (Some call this the “lock ‘em up” approach).

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 44 Deterrence … a goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment.  It demonstrates that crime is not worthwhile.  Overall goal is crime prevention.  There are two types of deterrence: Specific General

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 45 Deterrence Specific Deterrence Seeks to prevent recidivism—repeat offending by convicted offenders. General Deterrence Tries to influence the behavior of those who have not yet committed a crime yet may be tempted to.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 46 Rehabilitation … the attempt to reduce the number of crimes by changing the behavior of offenders.  Education, training, and counseling are some of the vehicles used.  The concept was developed in the 1930s as a result of the growth of psychology.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 47 Restoration … a goal of criminal sentencing that attempts to make the victim “whole again.”  Crime is a violation of a person as well as the state.  Restorative justice addresses the needs of the victim.  The following are involved: Counseling Work programs Restitution Compensation for medical bills, lost wages, personal suffering

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 48 Sentencing  Indeterminate  Determinate (fixed) Two Types:

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 49 Indeterminate Sentencing

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 50 Indeterminate Sentencing … A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 51  Indeterminate sentencing allows judges to have a wide range of discretion.  Sentences are often given in a range, i.e., “ten to twenty years.”  Probation and parole are options.  Degrees of guilt can be taken into account. Indeterminate Sentencing

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 52  The behavior of the offender during incarceration is the main determining factor in release decisions.  Gain time—time deducted from a prison term as a consequence of participation in special projects or program.  Good time—time deducted from prison term as a consequence of good behavior. Indeterminate Sentencing

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 53 Bureau of Justice Statistics (1999)  Violent offenders serve only 51% of their sentences prior to release.  Non-violent offender serve even less of their term.  49% of the sentence is served prior to release for all felonies.  Many early releases have been necessitated by prison overcrowding.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 54 PERCENTAGE OF SENTENCE TO BE SERVED BY NEW COMMITMENTS TO STATE PRISON Offense TypePercentage Violent51 Property46 Drug46 Public-order49 Average for all felonies49 Bureau of Justice Statistics (1999)

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 55 Criticisms of Indeterminate Sentencing Indeterminate sentencing gives inadequate attention to:  Proportionality  Equity  Social debt

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 56 Structured Sentencing Structured sentencing developed, in part, as a response to the disparity in sentencing of the indeterminate model. Structured sentencing includes:  Determinate sentencing  Voluntary/advisory sentencing guidelines  Commission-created presumptive sentencing

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 57 Determinate Sentencing

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 58 Determinate Sentencing … A model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or earned time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 59 Offender is given a fixed sentence length.  The sentence can be reduced by “good time.”  The use of parole is eliminated. Determinate Sentencing

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 60  Recommended sentencing policies that are not required by law but serve as guides for judges.  “Sentences” are based on past practices. Voluntary/Advisory Sentencing Guidelines

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 61 Commission Based Presumptive Sentencing … model of punishment that meets the following conditions: 1.Proper sentence is presumed to fall within the range authorized by sentencing guidelines. 2.If judges deviate from guidelines, they must provide written justifications. 3.Sentencing guidelines provide for some review, usually by an appellate court.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 62 Presumptive Sentencing Guidelines The federal government and 16 states now employ sentencing guidelines. Guideline jurisdictions generally allow judges to take into account aggravating and mitigating circumstances.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 63 Aggravating and Mitigating Factors Aggravating  Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime.  Call for a tougher sentence. Mitigating  Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.  Call for a lesser sentence.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 64 Federal Sentencing Guidelines provided money to entice states to pass “truth in sentencing” laws ….money to be used for prison construction in those states that complied. Violent Crime Control and Law Enforcement Act of 1994

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 65 Truth in Sentencing … a close correspondence between the sentence imposed upon an offender and the actual time served prior to release from prison. …an important policy focus.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 66 Federal Sentencing Guidelines  Established under Sentencing Reform Act of 1984 and took effect in November  9 member commission set minimum sentences for certain federal offenses commission meets yearly to review guidelines. U.S. Sentencing Commission

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 67 Of all federal cases, 90% are the result of guilty pleas, of which the vast majority are the result of plea negotiations. Melendez v. U. S. (1996)—judges cannot accept plea bargains that would have resulted in sentences lower than the minimum required by law for a particular type of offense. Plea Bargaining Under the Guidelines

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 68 Mandatory Sentencing Mandatory sentences are a form of structured sentencing that allows NO leeway in the sentence required for a crime. Research suggest that mandatory sentencing results in more selective arrest, charging, and diversion decisions and more trials.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 69 Three Strikes Laws Some states have “Three Strikes Laws,” which require mandatory sentence when convicted of third felony. Sometimes such sentences result in what many consider as unduly harsh punishments for marginal offenders who meet the minimum statutory requirement for sentencing under such laws.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 70 Innovations in Sentencing Some innovative judges in certain jurisdictions have begun to use the wide discretion in sentencing available to them and impose truly unique sentences. Many involve shaming.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 71 The Crime Victims’ Rights Act is part of the Justice For All Act of It grants victims of federal crimes: 1.The right to be reasonably protected from the accused. 2.The right to reasonable, accurate, and timely notice of any public proceeding involving the crime, or any release or escape of the accused. 3.The right to be included in any such public proceeding. 4.The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. 5.The right to confer with the federal prosecutor handling the case. 6.The right to full and timely restitution as provided by law. 7.The right to proceeding free from unreasonable delay. 8.The right to be treated with fairness and with respect for the victim’s dignity and privacy. Crime Victims’ Rights Act

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 72 The victims’ rights movement also called for the use of victim impact statements before sentencing. These statements:  Are generally in written form.  Provide descriptions of losses, suffering, and trauma experienced by victims or their survivors.  Are designed to help judges make sentencing decisions. Victim Impact Statements

73 Modern Sentencing Options

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 74 Felony Sentencing in State Courts Bureau of Justice Statistics, 2004

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 75 Court-ordered Prison Commitments, Bureau of Justice Statistics, 2004

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 76 Sentencing Options: Imprisonment In 2002, there were 1,051,000 people convicted of felonies in state courts and 63,217 in federal courts.  41% received active prison terms, with an average length of 4.5 yrs.  28% received jail sentences with an average length of 7 months.  31% were given straight probation, with an average sentence of 38 months.  25% were ordered to pay a fine. Bureau of Justice Statistics (2004) reports:

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 77 Fines Arguments For  Fill state coffers  Lower tax burden  Deny criminals the proceeds of their criminal activity.  Inexpensive to implement.  Can be made proportionate to the severity of the offense. Arguments Against  Too mild of a punishment.  Offenders often serve no time.  Discriminate against the poor.  Can be difficult to collect.

78 Death Penalty

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 79 The Death Penalty Capital punishment means the death penalty. It is the most extreme of all possible sanctions and is reserved only for especially repugnant crimes (known as capital offenses).

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 80 The Extent of Death Penalty Statutes Capital punishment is a sentencing option is 38 states and the federal government.  States vary considerably with regard to the number of death sentences given and the number of executions.  Methods of imposing death vary by state. Most use legal injection. Electrocution, hanging, gas chamber, and firing squad are still on the books as a option in at least one state.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 81 U.S. Executions by State

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 82 Offenders on Death Row On April 1, 2005, there were 3,452 people on death row in the U.S.  98.5% male  46% white  10% Hispanic  42% African American  2% were of other races (mostly Native American and Pacific Islander)

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 83 Habeas Corpus Review The average time before execution is 10 years and 11 months. Most of the delay is due to appeals.  All death penalty cases get one automatic appeal.  Beyond that, inmates can receive more appeal by filing writs of habeas corpus,  an order directing anyone holding a prisoner to bring him before a judicial officer to determine the lawfulness of the imprisonment.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 84 Limiting Appeals In a move to reduce delays in executions, the U.S. Supreme Court:  Limited the number of appeals (McCleskey v. Zandt, 1991 & Coleman v. Thompson, 1991).  Defined standards for further appeals from death row inmates (Schlup v. Delo, 1995) Further limitations were instituted by the Antiterrorism and Effective Death Penalty Act of 1996.

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 85 Abolitionist and Retentionist Positions on Capital Punishment Arguments for Retention  Revenge—Only after execution can survivors begin to heal psychologically  Just desserts—Some people deserve to die for what they did  Protection—Once executed, the person cannot commit another crime Arguments for Abolition  Has been used on innocent people and may be again  Not an effective deterrent  Imposition is arbitrary and discriminatory  Far too expensive  Reduces society to the level of the criminal

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 86 U.S. Supreme Court defined cruel and unusual methods of execution in In re Kemmler (1890): “Punishments are cruel when they involve torture or lingering death; but the punishment of death is not cruel within the meaning of that word as used in the Constitution.” The Courts and the Death Penalty

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 87 “evolving standard of decency” The Court invalidated Georgia’s death penalty statute on the basis that it allowed a jury unguided discretion in the imposition of a capital sentence.  Georgia, and states with similar statutes, worked quickly to modify their procedures. Furman v. Georgia (1972)

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 88 The Court upheld the two-step procedure requirements of Georgia’s new capital punishment law as necessary for ensuring the separation of the highly personal information needed in a sentencing decision from the kinds of information reasonably permissible in a jury trial. Gregg v. Georgia (1976)

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 89 Most recent appeals challenge state’s capital punishment laws and tend to focus on the procedures in sentencing decisions. Still, most U.S. Supreme Court justices believe in that the “death sentence” is fundamentally constitutional. It is the means of execution and the population of those to be executed (like age and mental inability) that are coming to be questioned. Recent Court Challenges

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 90  There is little common ground between death penalty advocates & opponents.  The future of the death penalty likely rests with state legislatures. The Future of the Death Penalty