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by: Liliane Mayer

Corrections CJC 3010

Liliane Mayer
GPA 3.99

Cosimo Castronovo

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Cosimo Castronovo
Class Notes
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This 21 page Class Notes was uploaded by Liliane Mayer on Monday October 12, 2015. The Class Notes belongs to CJC 3010 at Florida International University taught by Cosimo Castronovo in Fall. Since its upload, it has received 30 views. For similar materials see /class/221751/cjc-3010-florida-international-university in Corrections at Florida International University.


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Date Created: 10/12/15
m ChapterZQ The Death Pena y Capital uniishmenf Debate we Iao Moral arguments I retribution calls for death penalty 0 Utilitarian arguments deterrence l I 200 studies mostno evidence of deterrence Peterson amp Bailey murder rates were higher in states with death penalty than in adjacent states without it Lempert confirmed no effect Ehrich each execution between 1933 amp 1969 prevented between 7 amp 8 murders National Academy of Sciences reanalyzed data amp dismissed ndings 9 Economic arguments I death penalty is less expensive than life imprisonment 9 Capital Punishment rebate the s ixl slide 9 Moral ar uments I capita punishment is not moral I state does not have the right to take a life 9 Utilitarian arguments deterrence 1 I no convincing evidence that capital punishment deters I many ca itaI crimes cannot be deterred a drug alcoholbased psychological disturbance rage O Economlc arguments I death penalty more expensive than life sentence extra 216000 to prosecute 216 million to execute o Other arguments I mistakes are unavoidable amp irreversible I death sentence imposed in unfair amp discriminatory way eg by race jurisdiction even politics see Houston eg 1000 murders to 1 execution ublliio Qpiiniion Death natty Nearly 34 Americans support death penalty 9 Majorit have supported it since Gallup survey first as ed about it in 1936 I only exception was 1960 1965 9 Support generally risen over last 35 years 9 Important note on survey methodology I support level depends on how question worded I when offered alternative to capital punishment many supporters opt for the alternative life without possibility of parole More than 20 shift to quotopposition when given this option life in addition to restitution to the Victim Comparing Homicide Rates and Executions in Four States Homicides per 100000 1982 was when the first excuiion occurred In the four states shown after the death penalty was reinstated D 1982 1984 1986 1988 1990 Wadsworth Cengage Learning MICHIGAN 1 992 No death penalty Year 1994 TEXAS 383 executions 1 998 CALFOHINA 13 executions NEW YORK No executions 1998 2000 2002 2005 Wiitth atth gnaw NO death pe WITH death penalty Hf v w srh Attitudes toward the Death Penalty for Persons Cenvicted of Murder 1965 2006 80 70 60 50 Percent 40 r 39 30 Oppose 20 1O 1965 1970 1975 1980 1985 1990 1995 2000 2006 Year m3 Wadsworth Cengage Learning atwaxhw mmge Death natty by the numoers are of 220107 o 270 death sentences are pronounced yearly I compared to 22000 early arrests for murder amp nonnegligent mans aughter o persons on death row exceeds 3700 I 54 women are on death row 9 722 executions from 1976 July 2001 o yearly executions generally gt 74 since 1976 FFurman v Georgia 11 91722 o US Supreme Court ruled that the death penalty as administered constituted cruel and unusual punishment in violation of the 8th Amendment to the US Constitution I invalidated death penalty laws of 39 states amp District of Columbia I After several years 35 states reenacted laws due to more careful decision making amp modern methods of execution i e lethal injection I issue returned to Supreme Court Gregg V Geerrgiia 11976 o US Supreme Court upheld death penalty laws which l eqwred the sentencngudge orjugy to take Into aceount speCIfIc aggravatmg ef excessIve cruelty l nor record of Violent crimes and mItIga mg Circumstances age menta retardation lack of cnmmal record In decrdmg which conwcted murders shouI be sentenced to death and WhICh l authorized a quotbifurcated separate Into two parts quot proceedgng trial to determine gu1lt and a separate hearing exclusively to determine penalty Illllocleskev V Kemp 11 o US Supreme Court rejected a constitutional challenge to Georgia s death penaltylaw on the grounds of racral dIscrImInatIon I attorney cited rigorous research showing the application of the death sentence in Georgia was racially biased I Court rejected claim 54 vote ruling is in cases alleging racial discrimination defendant has to prove decision makers acted with a discriminatory purpose in that specific case is statistical evidence showing discrimination throughout the state was not adequate proof I McKIeskey executed In 1991 Legal Issues re capital punishment Execution of nsane Ford v Wainwright 1986 Counsel Strickland v l ashington 198 Populations juveniles amp 5338 Processes 2005 Appeals Execution of McCleskey V retarded Zant 1991 Atkins v Virginia 2002 Ford vz Wainwright tees Execution off Mentality Illl US Supreme Court ruled the 8th Amendment rohibited the state from executing the Incompetent the accused must comprehend both the fact that he has been sentenced to death and reason for it I accused was delusional claiming KKK was part of a conspiracy to get him to commit suicide I Court ruled there is no deterrent or retributive value to executing the mentally disturbed I idea is offensive to humanity Execution of Juveniles Roper Simmoms 240 9 Minimum age for execution varies by state I 85tates don t specify I in some age is same as juvenile quotwaiverquot age 0 84 males on death row who were lt 18 at time of offense 9 Thompson v Oklahoma 1988 I decided that William Thompson 15 when he committed murder could not be executed o Sanford v Kentucky amp Wilkins v Missouri 1989 I offenders aged 16 and 17 can be executed Execution off the etarded Aim2m w W giil llal 240m o 360 offenders on death row are retarded o the retarded account for 10 of executions o Penry v Lynaugh 1989 l Supreme Court held 8th Amendment does NOT prohibit execution of the mentally retarded I Penry was a convicted killer with an IQ of 56 and mental capacity of a 7yearold I39rllaito Corpus etiitiion o A writ requestin a court to review the conditions 0 incarceration or the basis of detention ohabeas cor us is the only means by which a fe eral court can hear challenges by state inmates to their convictions andor sentences obefore an inmate may le a complaint in federal court he must quotexhaustquot all the administrative remedies that the state courts make available to him Appeals 9 Average time sentence execution 7 8 yrs 9 Recent moves to limit that interval I McCleskey v Zant 1991 Supreme Court it except in exceptional circumstances lower federal courts must dismiss prisoner s second and subsequent habeas corpus petitions I 1993 Supreme Court offender who presents belated evidence of innocence not necessarily entitled to new hearing in federal court evidence must be quottruly persuasive quot 9 AntiTerrorism amp Effective Death Penalty Act 1996 I death row inmates must file habeas corpus petition appeals Within one year Counsel 9 Appointed counsel often receive small fees I e1q 1000 er case 20hr AIab 175hr iss o Strickland v Washington 1984 Supreme Crt I defendant has a right to representation that meets an objective standard of reasonableness quot I accused must show quotthat there is a reasonable probability that but for counsel 5 unprofessional errors the result of the proceeding would have been different quot Where Executions Happen 1976 July 2001 v 39 States wrth no L death penaltyr States thh death penalty but no executions D States wrth death penalty and 39 executrons number indicated States thh death penalty declared unconstiiurronal IEJ Wadsworth Cengage Learning Inmates on Death Row by race Gender Education Race ngh schoo gmdualerGED 39 6 quot Afncan American 422 w r mh a 1th grade 369 2 4 Ethnicity Age at Arrest for Capital Offense NomHispanic 373 Hispanic 1 f3 Wadswurth Cengae Laarn mg


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