Capital Punishment s Collateral Damage

Capital Punishment s Collateral Damage

Capital Punishment s Collateral Damage Robert M. Bohm Professor of Criminal Justice University of Central Florida Orlando, Florida Carolina Academic Press Durham, North Carolina

Copyright 2013 Robert M. Bohm All Rights Reserved Library of Congress Cataloging-in-Publication Data Bohm, Robert M. Capital punishment's collateral damage / Robert M. Bohm. p. cm. Includes bibliographical references and index. ISBN 978-1-61163-209-5 (alk. paper) 1. Capital punishment--united States. I. Title. HV8699.U5B64 2012 364.66--dc23 2012023669 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America

Contents Introduction 3 The Modern Death Penalty 3 The Capital Punishment Process 4 Elements of Super Due Process 5 Investigation and Arrest 6 Booking and Charging 7 Grand Jury Indictment and Information 7 Initial Appearance 8 Preliminary Hearing 8 Arraignment 9 Trial 9 Jury Selection 10 Motions 12 The Guilt Phase 12 Jury Deliberation 13 The Penalty Phase 13 Appeals 14 Death Row Imprisonment 15 The Death Warrant 16 Deathwatch 17 Executions 17 Other Participants 19 Chapter 1 Homicide Detectives and Other Investigative Personnel 21 The Sharp Guys 21 Do Not Screw Up! 23 A Frustrating Business 24 Pressures to Solve the Case 25 Side Effects of the Job 29 Arrests Are Extremely Dangerous 32 Extracting Confessions and Other Evidence 34 Winning and Losing 35 Support for the Death Penalty 37 Conclusion 40 Chapter 2 Prosecutors 41 Gatekeepers of the Capital Punishment Process 41 Prosecuting a Capital Crime 45 Guilt Phase versus Penalty Phase 48 Victim-Impact Statements 49 v

vi CONTENTS Taking Care of Business 49 Prosecutor Misconduct 50 Racial Discrimination 56 Picking Jurors 57 Physical and Emotional Effects 58 Death Penalty Opinions 61 Conclusion 62 Chapter 3 Victims Family Members 65 Revenge 65 Closure 66 Research on Co-Victims 69 Opposing the Death Penalty 70 Revenge as Justice 71 Grieving 72 Fear, Blame, Guilt, and Dashed Hopes 73 Surviving Siblings 74 Frustration with the Criminal Justice System 75 Reducing Secondary Victimization 77 Providing Psychological Relief 79 Conclusion 81 Chapter 4 Defense Attorneys 83 Indigent Defense Options 83 Guilt or Innocence Does Not Matter 84 Defense Strategy 86 The Better Your Lawyer, the Better Your Chances 88 Money Is a Major Factor 90 There Are No Substitutes For Training and Experience 93 Beyond the Verdict 95 Obstacles, Problems, and Challenges 99 Doing God s Work 104 Death Penalty Opinion 105 Conclusion 106 Chapter 5 Offenders Families 109 Offenders Families Are Unique 110 Parenting Is Important 111 Punishing the Family 112 Religious Support 114 Destroying Families 115 Losing Faith in the Criminal Justice System 116 Dealing with Lawyers 117 Navigating the Legal Process 119 Going Through Hell 119 After the Execution 124 A Different Kind of Grief 125 Life Without Parole A Dream Come True 127 Conclusion 128

CONTENTS vii Chapter 6 Trial Judges 129 Capital Trials Are Unique 130 Guilt Phase or Penalty Phase? 132 Training or Experience in Capital Jurisprudence 133 The Most Important Aspect of Being a Capital Trial Judge 134 The Most Difficult Aspect of Being a Capital Trial Judge 134 The Worst Aspect of Being a Capital Trial Judge 135 Overriding a Jury s Decision 135 Judicial Misconduct 136 Reversals and Exonerations 138 Judging Themselves 138 Emotional and Physical Effects 139 Pronouncing Death 140 Death Penalty Opinion 142 Conclusion 144 Chapter 7 Jurors 147 The Wisdom of Capital Jury Trials 147 Open-Minded and Unbiased or Predisposed and Prejudiced? 148 Moral Disengagement 150 Being Manipulated 153 Confusion and Misapprehension 154 The Effects of Jury Deliberations 158 Reaching Unanimity 159 Making Mistakes 161 The Toll on Jurors 162 Death Penalty Opinion 167 Conclusion 167 Chapter 8 Postconviction Counsel 169 The Postconviction Process and Legal Representation 169 The Importance of Postconviction Counsel 170 The Role of a Postconviction Attorney 174 Selection and Compensation 176 Focus of Appeals 178 On Being a Capital Case Postconviction Attorney 180 Death Penalty Opinion 181 Conclusion 182 Chapter 9 Appellate Court Judges 183 Automatic or Direct Appeal 183 Small Part of the Caseload Inordinately Large Amount of Time and Resources 184 Proceed With the Execution 186 Dealing with the Death Penalty 187 Federal Courts of Appeal 190 The U.S. Supreme Court 192 Conclusion 194

viii CONTENTS Chapter 10 Prison Wardens 197 The End of the Sewer Pipe 197 It s My Job 199 It Always Bothers You 200 An Empty and Futile Act 201 Is the World Any Better Off? 202 The Cross that Every Warden Must Bear 203 Doing the Warden s Duty 208 Would My God Forgive Me? 209 Feeling Dirty and Like a Pawn 212 Conclusion 217 Chapter 11 Death Row Corrections Officers and Execution Team Members 219 Preserving the Bodies of the Condemned 220 The Cream of the Correctional Officer Corps 226 Offering a Way to Salvation 237 Conclusion 242 Chapter 12 Execution Witnesses 245 Selecting Witnesses 245 Reasons for Witnessing an Execution 246 Execution Protocol for Witnesses 247 Effects of Witnessing an Execution 248 Conclusion 254 Chapter 13 Governors 257 Three Types of Clemency 257 The Fail-Safe of the Criminal Justice System 258 Granting Clemency 259 Conclusion 262 Conclusion 263 Index 267