Death Penalty I
Death Penalty I CRIM 405-002
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This 0 page Class Notes was uploaded by Cailyn Notetaker on Monday November 9, 2015. The Class Notes belongs to CRIM 405-002 at George Mason University taught by Andrew Novak in Fall 2015. Since its upload, it has received 33 views. For similar materials see Law and Justice Around the World in Criminology and Criminal Justice at George Mason University.
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Date Created: 11/09/15
The Death Penalty l 11092015 Topics Covered Principles of Sentencing Comparative Punishment The Global Decline of the Death Penalty Europe and the Death Penalty The Principles of Sentencing and Punishment Punishment and Discretion Mandatory Sentencing Sentence prescribed in law without discretion for sentencing authority Discretionary sentencing Sentencing authority can tailor sentence to circumstances of crime or offender This difference is a spectrum discretion can be limited or guided by statute Weigh competing goals of sentencing uniformity and consistency and the risk of overpunishment Under international law the death penalty cannot be mandatory upon conviction for a crime there must be a possibility of a lesser sentence Purpose of Punishment Retribution o Punish offenders in proportion to their offense Deterrence o One less likely to commit crime if one saw harshness of punishment Isolation o Premise that society must be protected from dangerous and violent offenders RehabH ann o Goal of eventually reintegrating offender into society divert offender from traditional punishment Compensation to Victims o Restorative justicein uenced approach Punishments of the Body Corporal punishments include whipping ogging caning amputation tattooing or body mutilationscarring In rapid decline worldwide as a judicial punishment but still used in Islamic world and EaseSoutheast Asia 0 Typically not preformed on women juveniles elderly or death row prisoners and require medical clearance rst 0 Capital punishment is the most common remaining form of bodily punishment Rise of Incarceration o Imprisonment is the paradigmatic criminal punishment around which all of the world s correctional systems are built 0 While imprisonment has existed for centuries it was typically only holding tank for other punishments and not a punishment in itself un la er1800 Replaced transportation to a penal colony and corporal punishment Imprisonment is entering a period of crisis as more crimes are punished and punished more harshly 0 Almost every country in the world wrestles with prison overcrowding and conditions US has 5 of the world s population 25 of prisoners Conditions of Incarceration 0 International law imposes certain minimum conditions of incarceration o Hard law Convention Against Torture and the ICCPR prohibit treatment or punishment that is cruel inhuman or degrading o Soft Iaw Standard Minimum Rules for the Treatment of Prisoners Basic Principles for Treatment of Prisoners Beijing Rues Mandea Rules Women in Prison 0 Women make up about 12 of the worlds prison population 0 13 of them are in prison in the US 12 for drugrelated offenses Current Trends oLife imprisonment without possibility of parole 0 Almost exclusively American especially when it is mandatory upon conviction Does not exist in most of the world In Europe only the UK uses the sentence to any signi cant degree 0 Mandatory life imprisonment without parole violates the European Convention on Human Rights 0 Life imprisonment forjuveniles violates international law mandatory life imprisonment without parole forjuveniles is unconstitutional in the US 0 Naturalterm life imprisonment is declining in favor of determinate term life imprisonment 0 Life imprisonment abolished in virtually all of the Portuguese speaking world and most of the Spanishspeaking world 0 ICC permits life imprisonment The Global Decline of the Death Penalty Global Trends 0 The death penalty is in worldhistorical decline besides in Saudi Arabia Iran and Pakistan Methods of Execution oMost common methods of execution 0 Hanging o Firing squadsingle shooter oStoning oLethal Injection oBeheading 0 Only the US uses electrocution or asphyxiating gas 0 International law prohibits methods of execution that cause unnecessary pain Any form of punishment that is intended to cause pain may qualify as torture under the Convention Against Torture DeathEligible Offenses The number and scope of deatheligible offenses is declining over time 0 International law and the US constitution prohibit the death penalty for crimes other than premeditated murder Deatheligible offenses include Treason Terrorism not resulting in death Military offenses Drug trafficking Economic and property offenses Sexual offenses Religious dissentapostasy Culture and the Death Penalty 0 Democracy and abolition seem correlated Economic development and abolition seem correlated Is there something culturally ingrained about the death penalty 0 IO 390 390 IO 390 IO Eur0pe and the Death Penaltv Abolition of the Death Penalty in Europe ECHR permits retention of the death penalty European countries abolished between 1960s and 19805 0 Since 1994 abolition is absolute precondition to join Council of Europe oAbolition part of European quotidentityquot 0 Sees itself as death penaltyfree zone even though death penalty used frequently in European history o Established narrative that as a country evolves and becomes civilized abolishing the death penalty is natural consequence European Efforts to Combat Capital Punishment 0 EU and COE officials European NGOs routinely visit death rows 0 Europe is home to strong network of wellorganized antideath penalty organizations 0 European embassy officials lodge official protests and commemorate World Day Against the Death Penalty in all retentionist countries 0 European media covers death penalty in USA especially foreign nationals EU spends about 5 million each year to promote death penalty abolition in the US No Council of Europe of EU member is allowed to extradite a prisoner to a country where he or she could face execution or life without parole
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