HIST 308 Notes Feb.7-Feb.11,2016
HIST 308 Notes Feb.7-Feb.11,2016 HIST 308
Long Beach State
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This 5 page Bundle was uploaded by Audra Oul on Tuesday March 15, 2016. The Bundle belongs to HIST 308 at California State University Long Beach taught by Martha Kadue in Spring 2016. Since its upload, it has received 31 views. For similar materials see Law and Civilization in History at California State University Long Beach.
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Date Created: 03/15/16
Monday, March 7, 2016 Death Penalty Eight Amendment prohibits cruel and unusual punishment Today-is it unusual? (“who is sentenced to death” Wednesday is it cruel? (how is death penalty administered? 1791- Cruel and unusual punishment adopted early in America Government can impose cruel and unusual punishment Selected out for punishment Selected idea of capricious and arbitrary Capricious: sudden change of mood Arbitrary: based on personal whim and not reason Capricious-king inflects them Faith government imposes punishment unfairly. Not subject to arbitrary Furman v. Georgia 3 African American=defendant 2 rape white women 1 killed a man Got the death penalty, poorly educated Mentally disabled Love education Borderline personality State punish white people did not get the death penalty A particular jury is a problem Gave unlimited discretion to judges Furman v. Georgia: What does Justice Douglas assume about society’s view of poor and/or minority defendants? Crime to be poor? Crime to be non-white 1970s assumptions of poor not working more likely criminal Not good ethics or standards Stereotypes can cause someone their life Every stage had death penalty have statue involved States pass laws that created personal circumstances California Death Penalty Statue: What Societal Concerns are reflected in the special circumstances? What makes the death penalty appropriate the crime with special circumstances? California Death penalty disagree a lot spend on death penalty A lot of California not executed. Do not think it is appropriate 4 planted devices hidden Wrong place at the wrong time Randomness upsets the society Killing because part of jury system Plant bomb and guide system Do not want judge to be intimidated Have a much larger effect on society their job 21. A murder is the same as responsibility as someone planning Justice hope of redemption or rehabilitation in terms of murder Person in prison for life for killing somebody Death penalty crimes to be most horrendous, serious More research to build defense Impossible to equalize the situation If jury did not know the bank status Life or death? Victims was stabbed over crimes, had throat slit, gunshot wounded to heal 3-4 years old white female with no prior criminal history admitted killing but claimed self-defense against abusive boyfriend Life or death? Prosecutor claimed she killed in jealous rage when he tried to end relationship Contested psychiatric testimony regarding defendant PISD, anxiety from trauma (earlier by family) borderline personality (immaturity, unstable sense of identify) She was convicted of 1 degree murder Death penalty requires finding murder was “cruel, horrendous, or depraved” Sentence: Death or life without parole? Psychiatric situation: a mitigating factor Found mitigating factor she violent outburst Bias much more likely to cut slack for women than a man A lot of assumptions to look at applying assumptions Jones v. Chaparral Similar to an argument similar to Furman Time to limit execution It is an issue More likely to die in prison Ordered executed nor order in sentence to death It is random Sentence to death may be executed or not Arbitrary in nature The state can speed up the process States unwilling to fund the process Wednesday, March 9, 2016 Monday made a death penalty decision on a brief of an argument Long process of appeal-collateral appeals Two justices case brief argued Prosecution withheld evidence Knew of evidence that was beneficial Required to disclose it Death penalty is an inevitable penalty Early Method Method 1 and Method 2 Newer method is civilized Quartered-barbaric Guillotine-King of England Severe the neck separate the head from the bottom Used in France until 1997 France outlaw death penalty in 1981 Early Method Firing squad Civilized Cruel- meant to be pain Approved to be crueler Electric chair New York=Electric chair Developed in the 19 century Gas Chamber Direct current Standard of electricity Execution=deter the effect Crown identity with more people executed 1936 Blackmun was hanged Some 20, 000 people were seen around Not deemed appropriate display of state power Move to execution Today lethal injection Method infer scientific put day to sleep painless Seems to be scientific, less painful, and less barbaric Issue #1 availability of drugs One put proponents on the company Saved from execution Morphine not the one that causes the death Difficult for states to get drug curtail One stops the heart and the other the diaphragm Third one paralytic Lethal injection available to drugs Personal Some had to adjust dosage Health professional not something oath will do Get possible of best skilled Dragged over an hour Death penalty constitutional invited a way to be constitutional Courts deal with everything eventually had compelling evidence Good way of killing someone That is painful or too painful Glossip v. Gross: likely making accepting less accompanying for society? Society wants human Judge Zworski interesting idea of death penalty Fire squad is more efficient Have to acknowledge what they are doing 1976- Revisited statute and court upheld is constitutionality Look at death penalty Use this drug Arbitrary of the imposition =diminish psychological effect # of people on death row bound to be considered for death penalty Drugs are going to happen Do not want people of no form of rehabilitation Did nothing to prosecute witness Process people less reliable Place for criminal system for death penalty why don’t use fire squad Ways of making less personal Harder to both; harder to watch Dehumanizing the person when executed Joseph wood: Arizona, July 214 Received 15 times the amount of drugs in the state’s protocol over almost 2 hour period State Claimed wood was Wood was not in pain; observers said he gulped and gasped Wood’s attorneys had begun effort to obtain court order to stop the execution (by phone, but Wood died before Judge could rule) If unconscious, that should not being doing it… Clayton Lockett: Oklahoma, April 2014 Took an hour to successfully insert IV 1 drug Sedate (to block pain of next drugs) nd 2rd drug: paralyzes respiratory system 3 drug: stops heart Medieval personnel said he was not conscious And Lockett said, “I’m not” Observers screened continue not to move arms and legs, mumbled Died of heart attack
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