Chapter 20 The Death Penalty Clear & Cole, American Corrections, 6th the entrance to death row San Quentin, California Clear & Cole, American Corrections, 6th.
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Chapter 20 The Death Penalty Clear & Cole, American Corrections, 6th the entrance to death row San Quentin, California Clear & Cole, American Corrections, 6th women’s death row: Central California Women’s Facility Clear & Cole, American Corrections, 6th capital punishment debate the PRO side moral arguments retribution calls for death penalty 200 studies: most--no evidence of deterrence: utilitarian arguments (deterrence) Peterson & 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 & 1969 prevented between 7 & 8 murders National Academy of Sciences reanalyzed data & dismissed findings economic arguments death penalty is less expensive than life imprisonment Clear & Cole, American Corrections, 6th capital punishment debate the CON side moral arguments capital punishment is not moral state does not have the right to take a life no convincing evidence that capital punishment deters many capital crimes cannot be deterred utilitarian arguments (deterrence) economic arguments drug/alcohol-based, psychological disturbance, rage death penalty more expensive than life sentence extra $216,000 to prosecute; $2.16 million to execute other arguments mistakes are unavoidable & irreversible death sentence imposed in unfair & discriminatory way eg, by race, jurisdiction, even politics (see Houston) eg, 1,000 murders to 1 execution Clear & Cole, American Corrections, 6th public opinion: death penalty nearly 3/4 Americans support death penalty. majority have supported it since Gallup survey first asked about it in 1936 only exception was 1960 - 1965 support level depends on how question worded when offered alternative to capital punishment, many supporters opt for the alternative support generally risen over last 35 years important note on survey methodology: life without possibility of parole >20% shift to “opposition,” when given this option life, in addition to restitution to the victim Clear & Cole, American Corrections, 6th % states with death penalty NO death penalty 24% 76% WITH death penalty Clear & Cole, American Corrections, 6th death penalty by the numbers 270 # death sentences are pronounced yearly compared to 22,000 yearly arrests for murder & non-negligent manslaughter persons on death row exceeds 3,700 54 women are on death row 722 executions from 1976 - July, 2001 yearly executions generally > 74 since 1976 Clear & Cole, American Corrections, 6th Furman v. Georgia, 1972 U.S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment, in violation of the 8th Amendment to the U.S. Constitution invalidated death penalty laws of 39 states & D.C. 35 states re-enacted laws issue returned to Supreme Court... Clear & Cole, American Corrections, 6th Gregg v. Georgia, 1976 U.S. Supreme Court upheld death penalty laws which required the sentencing judge or jury to take into account specific aggravating and mitigating circumstances in deciding which convicted murders should be sentenced to death, and which authorized a “bifurcated” proceeding (trial to determine guilt and a separate hearing exclusively to determine penalty) Clear & Cole, American Corrections, 6th McCleskey v. Kemp, 1987 U.S. Supreme Court rejected a constitutional challenge (to Georgia’s death penalty law) on the grounds of racial discrimination attorney cited rigorous research showing the application of the death sentence in Georgia was racially biased. Court rejected claim (5-4 vote), ruling: in cases alleging racial discrimination, defendant has to prove decision makers acted with a discriminatory purpose in that specific case. statistical evidence showing discrimination throughout the state was not adequate proof. McKleskey executed in 1991 Clear & Cole, American Corrections, 6th legal issues re: capital punishment execution of “insane” execution of juveniles counsel populations & processes appeals execution of retarded Clear & Cole, American Corrections, 6th Ford v. Wainwright, 1986 U.S. Supreme Court ruled the 8th Amendment prohibited the state from executing the incompetent; the accused must comprehend both the fact that he has been sentenced to death and reason for it. accused was delusional, claiming KKK was part of a conspiracy to get him to commit suicide Court ruled there is no deterrent or retributive value to executing the mentally disturbed idea is offensive to humanity Clear & Cole, American Corrections, 6th execution of juveniles minimum 84 age for execution varies by state 8 states don’t specify in some, age is same as juvenile “waiver” age males on death row who were < 18 (at time of offense) Thompson v. Oklahoma, 1988 decided that William Thompson, 15 when he committed murder, could not be executed Sanford v. Kentucky & Wilkins v. Missouri, 1989 offenders aged 16 and 17 can be executed Clear & Cole, American Corrections, 6th execution of the retarded 360 offenders on death row are retarded the retarded account for 10% of executions Penry v. Lynaugh, 1989 Supreme Court held 8th Amendment does NOT prohibit execution of the mentally retarded; Penry was a convicted killer with an IQ of 56 and mental capacity of a 7-year-old. Clear & Cole, American Corrections, 6th “habeas corpus petition” definition a writ requesting a court to review the conditions of incarceration or the basis of detention habeas corpus is the only means by which a federal court can hear challenges by state inmates to their convictions and/or sentences before an inmate may file a complaint in federal court, he must “exhaust” all the administrative remedies that the state courts make available to him. Clear & Cole, American Corrections, 6th appeals average time sentence--execution: recent moves to limit that interval 7- 8 yrs McCleskey v. Zant, 1991, Supreme Court: except in exceptional circumstances, lower federal courts must dismiss prisoner’s second and subsequent habeas corpus petitions. 1993 Supreme Court: offender who presents belated evidence of innocence not necessarily entitled to new hearing in federal court; evidence must be “truly persuasive” Anti-Terrorism & Effective Death Penalty Act, 1996 death row inmates must file habeas corpus petition within one year Clear & Cole, American Corrections, 6th counsel appointed counsel often receive small fees eg, $1,000 per case; $20/hr (Alab.); $11.75/hr (Miss.) Stickland v. Washington, 1984, Supreme Crt: defendant has a right to representation that meets an “objective standard of reasonableness” accused must show “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Clear & Cole, American Corrections, 6th % of all death sentences imposed where death penalty imposed 60% 55% 50% 40% 30% 24% 20% 14% 7% 10% 0% South West Midwest Northeast Clear & Cole, American Corrections, 6th where executions happen, 1976 - July, 2001 722 executions carried out since 1976 275 248 250 222 225 200 175 150 125 100 82 75 51 50 50 43 26 25 0 TX VA FL MO OK LA others Clear & Cole, American Corrections, 6th inmates on death row by race Other 2% African American 43% White 55% Clear & Cole, American Corrections, 6th