DEATH PENALTY

What are the mitigating circumstances to be considered in capital trials according the Arkansas's State Statutes?

Capital murder was committed while the defendant was under extreme mental or emotional disturbance, acting under unusual pressure or influence or under the domination of another person, while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to requirements of law was impaired as a result of mental disease, defect, intoxication, or drug abuse, the youth of the defendant at the time, the capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor, or defendant has no significant history of prior criminal behavior.

What are the three components of deterrence according to Classical Deterrence Theory?

Certainty, swiftness, severity.

What is necessary (i.e., key components) to effectively incapacitate an offender?

Classify risk and needs of individuals, plan and execute punishment to reduce risk and harm.

Conditions on death row

Constitution does not mandate comfortable prisons

Glossip v. Gross (2015):

Constitutional methods of execution must reduce risk of harm to be low compared to known and available alternative methods.

What is a stay of execution?

Court order to stop an execution

3 common models for explaining why people hold retributive motives according to Unnever & Cullen

Crime- Distrust model: crime is rising, which has implications on one's way of life and trust in the govt. Moral Decline Model: Retribution is preferred, society is in moral decline, restore social cohesion. Racial Animus Model: Retribution is tied to negative views towards minority groups.

What are the different ways we "do" the death penalty?

Death Sentences (Symbolic) & Executions (reality).

What options do capital juries pick from during sentencing?

Death or life without parole.

Furman v. Georgia (1972):

Death penalty, at the time, is unconstitutional due to unfettered jury discretion and evolving standards of decency. **Overturned in Gregg v. Georgia (1976)

What kind of jury challenge does death qualification fall under?

Death qualified

What are ex post facto laws?

Declares criminal an act that was not illegal when it was committed, increases the punishment for after it is committed, or alters the rules pf evidence in a particular case after the crime is committed.

What is the general trend of executions nationwide in the modern era? What about Death sentences?

Decreased since 1999 (executions and death sentences)

What is the "Story Model" of jury decision making?

Rests on assumption that jurors organize evidence they hear in the format of a story

What are the key factors in this model?

Risk, needs, utilize resources after evaluating

What are the purposes of early (i.e., colonial) capital punishment?

Salvation, display of gov. authority, defining a common enemy, crime control.

Louisiana et al. Francis v Resweber 1947

Second execution due to "innocent accident" is acceptable and not double jeopardy.

How do these elements relate to capital punishment?

Shift in public opinion lead to reform, IE death penalty standards

What regions of the country have had the greatest number of executions in the modern era? What areas have had the fewest?

South- most, Northeast - least

What are bifurcated trials?

Split in to two stages, verdict and sentencing phase.

What is the process that appeals go through before it gets to the USSC?

State court of appeals, supreme, federal appeal court, USSC

Gregg v. Georgia (1976)

States that implement Super Due Process procedures can have a constitutional death penalty.

McCleskey v. Kemp (1987)

Statistical evidence of discrimination in application of capital punishment is not enough to deem the practice unconstitutional. One must also prove intention to demonstrate discrimination.

Why might a correctional system use deathwatch?

The inmate may try to harm himself, other inmates are in distress, etc.

Execution of the elderly

not cruel or unusual

Long stays on death row

not cruel or unusual "claim that time has rendered the execution inhuman is particularly strong.

Be able to identify key events in the history of capital punishment in Arkansas

1820 First execution 1913 hanging is replaced w electrocution 1967 Rockefeller places moratorium on DP 1970 Rockefeller grants clemency to all 15 on DR 1983 lethal injection replaces electrocution 1990 first execution since '64, 2012 Supreme court strikes down DP law 2017 AR executes 4 in 2 weeks

How many aggravating circumstances are required for a death sentence?

2

What is deathwatch?

24 hours prior to execution, strict guidelines to maintain security and control and maintain safe and orderly operations of the prison

What two amendments (not including the 5th Amendment) were important to the death penalty abolition movement

8th - no cruel or unusual, 14th - equal protection under constitution.

What is necessary for a crime to be considered a capital crime in Arkansas?

? Murder with at least one of ten aggravating circumstances or treason.

What is super due process?

Additional protection over all process, death is different, special conditions necessary for a death sentence

What are the three types of guided discretion statutes?

Aggravating v mitigating- jury hears both aggravating and mitigating factor Aggravating only - jury has to identify certain number of aggravating factors without having to consider mitigating, structured discretion - aggravated only and specific mitigating questions

What emotional/psychological/health issues have been attributed to serving on capital juries?

Anxiety, anger, fear, stomach pain, hives, trouble sleeping, anorexia, chest pain, heart palpitations, shaking, PTSD

What is boundary crisis?

As our social environment changes, the existing social boundary is likely to change.

What are Aggravating vs. Mitigating death penalty statutes?

At least one aggravating factor must be found before death may be considered as a penalty

What are the two types of jurors that are excluded in death qualification?

Automatic Death Penalty, Never Death Penalty

Kant's conception of retribution

Believed that violators should be punishment and the punishment should fit the crime. Punishment is duty of society. If punishment is not done, society will share the guilt.

What were the elements of super due process?

Bifurcated, guilt and sentencing phase, guided discretion * appeals - mandatory appeal

Justice Breyer's and Justice Thomas's arguments regarding the constitutionality of long delays on death row.

Delays due to appeals are not the inmates fault, but the states (Breyer) / delays are strategies by the inmates to put off a lawfully established punishment (Thomas)

What are the three motives of punishment related to capital punishment discussed in class? Know how these motives relate to the purpose of capital punishment. Which motive is most commonly held among supporters of the death penalty?

Deterrence- discourage future criminal behavior incapacitate- remove one's only ability to commit crime in society, retribution- punish those who break the rules so we can restore justice / deterrence most commonly held among supporters

What is specific deterrence?

Discourage the individual being punished from committing crime

What is general deterrence?

Discouraging others from committing crime.

Why have co-victims preferred not to have an execution according to the textbook?

Do not want to "murder to win"

What changes were occurring and what major decisions led to the Furman decision?

Ended public executions, civilized manner.

Weems v. United States (1910) or Trop v. Dulles (1958)

Evolving standards of decency

How was capital punishment used to communicate authority in colonial America?

Executing leaders to rebellion or revolts to show the public that the existing power structure remains intact.

What is the entire reason for having super due process?

Extra protection, fairness, safeguard - because it is final and so severe - everything matters.

What is "jus talionis"?

Eye for an eye, tooth for a tooth.

Who are "co-victims"?

Family or friends of a victim.

What are Structured Discretion statutes?

For a defendant to be convicted of capital murder the state must prove beyond a reasonable doubt that the defendant committed murder with at least one of nine statutorily enumerated or aggravating circumstances

What are the various "sources of retribution" discussed in the textbook?

Hardwired to seek revenge, obtaining social acceptance about the moral rightness, crime/distrust, moral decline, racial animus

What did it mean that the Supreme Court declared "the evolving standards of decency that mark the progress of a maturing society" is key to the meaning of cruel and unusual punishment?

How the death penalty would be carried out, what was intended by the constitution writers is not necessarily how we define it today. Standards are changing.

What are Aggravating-Only statutes?

If jury finds at least one statutory aggravating factor, then it may, but not need recommend death

How does it relate to capital punishment?

If story fits pros. story, the defendant is likely to be guilty

How does incapacitation differ from the other motives of punishment

Incarceration, takes away means totally

. In what ways did capital punishment rehabilitate for colonial America (individual and community)?

Individual and community

Strickland v. Washington (1984):

Ineffective counsel is a reason to overrule a death sentence if two conditions are met, including (A) a deficient performance of the attorney according to "prevailing professional norms" and (B) the deficient performance led to the adverse outcome of the case.

What must be shown to appeal inadequate defense in a capital trial?

Ineffective counsel or juror / judicial misconduct

Atkins v. Virginia (2002)

It is unconstitutional to execute intellectually disabled persons. Levels of intellectual disability is left to the states.

Roper v. Simmons (2006)

It is unconstitutional to execute people for crimes they committed younger than 18 years old.

Ford v. Wainwright (1986)

It is unconstitutional to execute prisoners who are mentally incompetent. ** Competence for execution includes understanding that one will be executed as well as why they are being executed (Schriro v. Smith, 2006).

Ring v. Arizona (2002)

Judges cannot override a jury's recommendation of life imprisonment.

McGautha v. California (1970):

Juror discretion in sentencing is acceptable. ** Overturned in Furman v. Georgia (1972)

Powell v Alabama, 1932

Jury selection, right to counsel

What legal purpose does the death warrant have?

Legal homicide, without it, it is just a homicide.

Over time, what has happened to the length of time between a death sentence and execution?

Longer to get from point A to point B

What is a writ of certiorari?

Lower court to deliver record so higher court may review it, you have to apply to be heard, application to be heard is approved by USSC

What is judicial review? How did its development contribute to the evolution of capital punishment in the United States?

Makes sure that all of the laws were followed. Judges, courts - power to review law.

What is the logic behind the Supreme Court's "death is different" legal philosophy?

Making sure that the state went through process correctly, checks and balances, protect citizens from state

Woodson v. North Carolina (1976):

Mandatory death sentences are unconstitutional.

Lockett v. Ohio (1978):

Mitigating circumstances must be permitted to be presented in capital trials.

Kennedy v. Louisiana (2008):

No crime without the death of a victim can result in a death sentence.

What are social boundaries?

Norms, define appropriate behavior

What is incapacitation

Prevent future crime by removing ability for criminals to hurt others.

What is a writ of habeas corpus?

Produce the body, agency or warden to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention.

What has research shown about the death penalty as an incapacitator?

Promote incapacitation over death sentence, but lifetime on death row would suffice. Execution removes ability to reoffend.

What is clemency?

Provides final opportunity to consider whether a death sentence should be imposed, gov. of state or president can exercise mercy or leniency.

What might be some possible reasons for trend in longer time for DP

Public opinion changes, appeal process, thorough investigations, due process, etc.

What are the key components of retribution?

Punish the guilty proportionately, don't punish the innocent.

What does "retentionist" and "abolitionist" mean about preferences for the death penalty?

R- advocates, A- against

Coker v. Georgia (1977)

Rape of an adult woman without death is not a capital offense.

What are mitigating factors?

Reasons not to give DS

What are aggravating factors?

Reasons to give DS

What are the three types of clemency?

Reprieve- temp postpone communication- last min chance to review questions about inmates guilt pardon- crime is erased and punishment is terminated.

What is the logic behind death qualification (why did the USSC support it)?

Unbiased, predetermined / duty

Witherspoon v. Illinois (1968):

Unconstitutional to excuse juror simply for opposing the death penalty.

In Re: Kemmler 1890

Upheld the constitutionality of death by electrocution, also botched executions are mistakes and should not be viewed as cause for challenges to constitutionality of the method of electrocution. That is, the state did not botch the execution intentionally; therefore, any harm in the punishment was not cruel and unusual.

Wilkerson v. Utah

Upheld the constitutionality of the firing squad as carried out in Utah at the time.

Baze v. Rees (2008):

Upheld the constitutionality of the lethal injection method in Kentucky at the time.

Actuarial Justice Model

Use limited resources efficiently and avoid unnecessary levels of supervision, correctional agencies have shifted from punitive jurisdiction for punishment (retribution /revenge) to risk management

Tennesssee v. Payne (1991)

Victim impact statements are constitutionally permissible.

What is death qualification?

Voir Dire- whether or not juror can give death or life without parole

What is vicarious learning and how does it factor into deterrence?

We can learn about rewards and punished by watching consequences suffered by others.

What is a jury override?

When judge knows decision and goes the other way, overrides.

What factors predict decisions to sentence to death and which factors do not?

Whether or not they are abolitionists, racism

What juror characteristics tend to predict death sentences?

White males, Southern Baptists, supporters of CP

How is criminal justice and punishment used within this model?

Within jail environments, if someone is minimum risk, they go to a minimum sec. prison, if someone has high needs, they go to a program addressing such needs.

What types of crimes are considered capital crimes?

Worst of the worst - murder, hijacking an aircraft, homicide, capital sexual assault.

What is a death warrant?

Writ that authorizes execution