Chapter 12 CAPITAL PUNISHMENT. Introduction to Corrections CJC 2000 Darren Mingear

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1 Chapter 12 CAPITAL PUNISHMENT Introduction to Corrections CJC 2000 Darren Mingear

2 CHAPTER OBJECTIVES 12.1 Outline the history of capital punishment in the United States Explain the legal provisions for capital punishment in the United States Summarize the characteristics of current death-row prisoners Summarize the arguments for and against the use of the death penalty.

3 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 12.1 Outline the history of capital punishment in the United States.

4 12.1 Early Period Capital Punishment History Modern Period 4

5 12.1 Lethal Injection (Most Common) Electrocution Gas Chamber Firing Squad/ Hanging 5

6 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 12.2 Explain the legal provisions for capital punishment in the United States.

7 12.2 Key Terms Furman Decision Guided Discretion Gregg Decision Bifurcated Trial

8 12.2 Furman Decision In Furman v. Georgia (1972), the U.S. Supreme Court determined that the death penalty was cruel and unusual because it was imposed in an arbitrary and capricious manner. Source: freewebs.com

9 12.2 Guided Discretion A requirement that juries, after determining guilt in the first stage of a death penalty trial, consider both aggravating and mitigating circumstances during the sentencing stage of the trial. Kennedy decision Source: wheelerscornernz.blogspot.com

10 12.2 Gregg Decision Escaped and beaten to death in a bar fight in 1980 the night before his scheduled execution. Source: supremecourtlandmarkcases.wikispaces.com Death penalty statutes that provide for bifurcated trials and that direct juries to use guided discretion in deciding the sentence are allowed under the Constitution (1976).

11 12.2 Bifurcated Trial A requirement that death penalty cases have two stages, with the first stage being the traditional trial to determine guilt and a second stage to decide the sentence; death or life imprisonment. Source: adriandayton.com Source: progressivepublius.blogspot.com

12 12.2 Application of the Death Penalty

13 12.2 Key U.S. Supreme Court Cases on Capital Punishment Death penalty used in all 13 U.S. Colonies at outbreak of American Revolution Weems v. United States (1910 Louisiana ex rel. Francis v Resweber (1947) Witherspoon v. Illinois (1968) Furman v. Georgia (1972) Gregg v. Georgia (1976)

14 12.2 Key U.S. Supreme Court Cases on Capital Punishment, cont. Coker v. Georgia (1977) Ford v. Wainwright (1986) Thompson v. Oklahoma (1988) Atkins v. Virginia (2002) Ring v. Arizona (2002) Roper v. Simmons (2005) Kennedy v. Louisiana (2008)

15 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 12.3 Summarize the characteristics of current death-row prisoners.

16 12.3

17 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 12.4 Summarize the arguments for and against the use of the death penalty.

18 12.4 Key Terms Abolitionists Retentionists Proportional Retributivism The Innocence Project

19 12.4 Abolitionists Those favoring the abolition of the death penalty. Source: theguardian.com

20 12.4 Retentionists Those who favor keeping the death penalty. behance.net Source: behance.net

21 12.4 Proportional Retributivism Requires the worst crime in any society be punished with the worst penalty. Source: mshistorynow.mdah.state.ms.us

22 12.4 The Innocence Project An organization instrumental in securing DNA exonerations of persons who had served time on death row. Source: dallaslocalnews.blogspot.com

23 12.4 Arguments for and Against the Death Penalty Deterrence Fairness Retribution Innocence

24 CHAPTER SUMMARY 12.1 Capital punishment followed the British lead early on, went through a period of falling out of favor and a declaration of unconstitutional in application, to the now modern era Today there are restrictions on the use of the death penalty, and trials involving capital punishment as a sentence are bifurcated Persons who are under age 18 at the time of the commission of their crime, are mentally ill, or mentally retarded can not be given the death penalty. Most inmates on death row are white males Arguments for and against the death penalty are complex and numerous.

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