1. Capital Punishment Revisited Capital punishment is both a Sentencing and a Corrections issue (it bridges the 2 topics) Note distinction between 2 different & distinct concerns that shape debate about capital punishment:  Moralistic (Is it morally “right”)  Utilitarian (Is it pragmatically “useful”) o Does it yield useful outcomes? o Is it practical and cost effective?

2. Capital Punishment as special sentencing issue: Debates about sentencing policies often viewed by its extremes (not averages) Death is the most extreme thing we can do to offenders  This often is the issue by which people define their stands on criminal justice  However: executions are extremely rare events with for which evidence is ambiguous The importance of the Death Penalty for CJ policy is symbolic rather than actual  it’s definitional rather than practical

3. Capital Punishment as sentencing/correctional issue: The history of death penalty in the U.S. ─Use of death penalty runs from earliest colonial settlement (1622) up to present day  except for 10-year period (1967-1977) when none occurred  Moratorium (1967-1972) + Unconstitutional (1972-1976) ─Earliest uses of death penalty included a wide range of criminal offenses (including witchcraft, heresy, sexual deviance) & wide range of execution methods ─General history of capital punishment in U.S. is a roller-coaster of shifting policies and attitudes

4. Capital Punishment as sentencing/correctional issue: The history of death penalty in the U.S. ─1700s: present in all states but widely variable ─1800s: counter-movements to abolish and to readopt  Gradual trend toward “enlightened” values and abolition  Periodic shifts toward “brutalization” of attitudes & policies Due to wars, social conflicts, political crises ─1900s= century with widest extremes across decades Execution becomes exclusively state function Extra-legal executions were eliminated Death Penalty because discretionary Public executions were reduced and minimized Hanging abandoned for more humane methods U.S. Supreme court began to restrict & regulate

5. Executions Under Civil Authority in the U.S. – 1700-2002 (Espy & Smykla/Ortiz) 1700s 1800s 1900s

6. Capital Punishment: death as a sentence Historical use of the death penalty in the U.S.

7. Execution Method  doing it humanely (by applying “evolving standards of decency”) © 2013 The McGraw-Hill Companies, Inc. All Rights Reserved. 7 38 4 8 3 3

8. Capital Punishment: (in the 20 th century) Constitutional issues on the death penalty ─ It is unconstitutional: Furman v. Georgia, 1972 ─ It is reestablished: Gregg v. Georgia, 1976 ─ Subsequent decisions to provide more guidance Death Penalty controversies? 1)Selection of cases  non-arbitrary & non-capricious 2)Decision-making processes 3)Eligible crimes 4)Eligible persons 5)Allowable methods Comparison of U.S. with other countries? Future of the death penalty in the U.S.?

9. Capital Punishment: (in the 20 th century) Research on the death penalty ─ Is it fairly applied? ─ Is it effective? Public Opinion regarding the Death penalty?

10. Capital Punishment: (in the 20 th century) Public Opinion regarding the Death penalty?