Final Exam Review - Chp. 12, 14,16?
Dynamite Charge
(Allen charge or shotgun instruction) to hung jury in effort to break deadlock - ask jury to seriously reexamine their views and consider each other's arguments with a disposition to be convinced.
Solitary confinement
(punitive segregation) = placement in special isolated cell, minimum human contact
Prisoner Rights and the Role of Courts
1960s and 1970s: Class action lawsuits Minimum health care standards defined Due process standards for prison inmate discipline 1980s: Courts retreat from intervening Rhodes v. Chapman (1981) e.g., double celling - two people in a 10x6 feet cell was acceptable. Wilson v. Seiter (1991) Farmer v. Brennan (1994) 2003: Prison Rape Elimination Act - put in place by congress on the courts. Research to develop strategies to prevent rape. 2011: Treatment for mentally ill inmates determined by warden (14-26% of inmates have serious mental illness.) Brown v. Plata (2011) - violation of constitution - not providing inmates with medical and mental health treatments in California prisons.
Errors or mistake in Death Penalty
68% of death sentences reversed
liberation hypothesis
A prediction that in cases in which the evidence is ambiguous or close, jurors will base their decisions on factors such as prior beliefs, assumptions, pretrial publicity, or even prejudice.
Penalty phase
Aggravating/mitigating factors unclear to jurors Jurors unclear how to weigh these factors Influence of emotion and prejudice may increase. Intense emotions, like anger, are more likely to lead to juror be less objective and vote for death.
Six factors of Parole Denial
Bad behavior in prison, initial sentence perceived by board as too lenient, being in prison for a violent crime, long criminal history, evidence of mental illness (antisocial personality disorder), and input from victim's family urging board not to grant parole.
Free Will and the Purpose of Prisons - scientific argument
Behavior is determined by genetics and environment without personal choice of genetic endowment Brain acts before mind decides; variety of neural disruptions influences behavior Is free will largely or entirely an illusion?
President's Commission on Law Enforcement and Administration of Justice report (1966)
Bleak picture of prisons. Rehabilitation was not working.
Defendant race and jury instruction type
Clearer, simplified instruction related to better comprehension and significantly reduced bias Process of jury deliberation may increase tendency of White jurors to send Black defendants to death Revised jury instructions that take into account basic principles of cognitive psychology and psycholinguistics can help capital jurors choose between life and death.
Competency for execution
Controversy about mental health professional's involvement in assessing competency for execution. Psychologist are supposed to do no harm.
Cases that Expanded Civil Liberties
Cooper v. Pate (1964): Religious rights for prisoners (e.g., access to doctrine, recognize special diets, able to gather for meetings) Procunier v. Martinez (1974): Right to send/receive mail and access to law students and paralegals
Most effective rehabilitative program attempts
Correct educational and job skills deficits Change attitudes and thinking patterns that promote criminal behavior Improve self-awareness and self-esteem Enhance interpersonal relationship skills Reduce drug abuse Reduce contact with criminal peers
McCleskey v. Kemp (1987) Supreme Court
Courts unwilling to accept research on racial disparities -> Some unfairness is tolerable and inevitable because discretion is inescapable in capital sentencing. To overturn death sentence because of racial bias, evidence must prove that jurors acted with discriminatory purpose. Very difficult to accomplish.
Larger Jury characteristics
Deliberate and argue more Recall evidence more accurately Agree more on group performance Provide broader representation of demographic groups (gender, race, ethnicity) Are more likely to match larger community opinions Produce more consistent verdicts
Deliberations in 12-person jury
Discussion of evidence takes up 70-75% of deliberation time. Jurors spend very little time attending to irrelevant and trivial details (e.g., clothes, hair styles, or speaking style) - Discussion of law and judge's instructions: 20% deliberation time
Restorative justice methods
Effective - Advocate for face-to-face meetings between victims and offenders.
Orientation stage
Elect foreperson, discuss procedures and general issues.
Atkins v. Virginia (2002)
Eliminated death sentence for execution of intellectually disabled prisoners
Brutalization effect
Executions usually stimulate small increase in murders Stronger for highly publicized executions -> Depicts that killing is justifiable. Desensitizes some to killing. Weakens inhibition to violence.
Cost-Benefit Analysis of Prison
Expensive Basic needs and health care 365 days a year ($34,000 to $60,000/year; more with accelerated aging or geriatric prisons). Makes sense for murderers but not for non-violent criminals (waste of money)
Hurst v. Florida
Extends reasoning in Ring - death sentences must be based on jury's verdict.
Evidence-driven style
First vote is postponed until after a careful, systematic discussion of the evidence.
Competency for Execution (CFE)
Ford v. Wainwright (1986) Unconstitutional to execute mentally incompetent inmate sentenced to die Panetti v. Quarterman (2007) Condemned prisoner must have rational understanding of execution reason Madison v. Alabama (2019) Last competence clarified; prisoner's ability to rationally understand connection between their crime and approaching execution
Gregg v. Georgia (1976)
Guided discretion; bifurcated proceedings -> Guilt decided in 1st phase and Penalty in 2nd phase
Burch vs Louisiana (1979)
Held that if a 6-person jury is used, verdicts must be unanimous. US Supreme Court ruled in 2020 that in criminal cases there must be unanimous verdict.
Highest odds of incarceration
Hispanic males
Harsher Sentences given to
Hispanics, blacks, males and younger defendants.
Juror Rules
Hope is that they will rely on evidence and be guided by the law, and that any biases or misunderstandings will be corrected during group deliberation.
What is the Defendant-Victim moral character comparison?
If the moral character of the victim seems significantly superior to the defendant, jurors tend to judge the defendant more harshly.
Leniency Bias
In evenly split juries, where in the first vote -> half vote guilty and other half not guilty, it is likely that final vote will be not guilty. Hence acquittal more likely with tied or close votes
Causes of error
Incompetent lawyers (37%) Faulty or misleading jury instruction (20%) Prosecutorial misconduct (19%)
Informational influence verus Normative influence
Informational influence - change opinion based on compelling arguments. Normative influence - change based on peer pressure.
Attributions of sentencing decisions
Internal (personality) and external (situtational/environmnet causes) Controllability (mentally healthy vs. mentally deficient) and stability (permanent or temporary)
Distinctions in types of imprisonment
Jail: Short-term local facility (cities, counties) - can be held here before trial or between conviction and sentencing. Prison: Long-term state facility Federal prison: Breaking federal law (e.g., drug offenses - makes up 47% of those in federal prison) Prisons range from minimum to maximum security. "Club Fed": Nonviolent crime, drug offense, or white-collar crime. Live in dormitory like set-up and have few restrictions. Some have tennis courts and soft ball leagues. Supermax: Serious violent crime
Lockett v. Ohio (1978)
Juror's during penalty phase consider aggravating (support death penalty) and mitigating (support life imprisonment) factors
Life in prison most frequently given to
Juveniles - most likely give to African American youth; particularly in politically conservative jurisdiction.
Baze v. Rees (2008)
Lethal injection does not inflect unnecessary or wanton pain. Does not violate 8th Amendment's ban on cruel and unusual punishment.
Will injured defendants receive harsher or lighter sentences?
Lighter because they have already suffered
"Three-strikes and you're out" laws
Longer or life sentence with third felony conviction Narrow in some states (only violent and sexual offenders) and broad in others (write a bad check or steal food in a market) Directly affects harsher sentencing for black men who commit felonies
Hung Juries
Never making it through the reconciliation phase.
Race's role in judgement
Only impacts in racially charged trial
Ring v. Arizona (2002)
Only jury can make decisions regarding capital punishment. (In Florida, judges were overruling jury verdicts of life in prison w/o parole with the death penalty)
Deterrence Theory
Posits that potential murders will be restrained by possibility of execution - not upheld
Racial Disparities
Pre-Civil War: "black codes" Blacks could be executed for theft; whites could not Rape of a black woman was not considered a crime, though a black man allegedly accused of raping a white woman could be executed. Race of offender and victim is best predictor of death penalty Between 1930 and 1967, 455 men were executed for rape 89% were black 1977 Coker v. Georgia Supreme Court case Death penalty disproportionately severe for rape
Diversity and deliberation with Juries
Presence of black jurors (in cases with black defendant) makes defendant race more salient and causes white jurors to more carefully process information and to consider racial biases
Reducing prison population
Preventing crime Reducing length of prison sentences Reducing recidivism
Influences of two processes
Prisonization - assimilation to values, norms and language of prisons. Violent street culture importation
Defendant characteristics impacting verdicts
Propensity of criminal behavior, gang membership
Cognitive-behavioral therapy (CBT)
Provided in prison reduces recidivism by more than 1/3
Evolution of Prisons in United States
Public shaming, graduated punishment existed, incaraceration, incaraceration with rehabilitation, medical model and therapeutic approach
What works bettter?
Punishment- and control-based strategies increased juvenile recidivism. Rehabilitative, treatment-oriented approach reduced average recidivism
US rate of incarceration
Rate of incarceration averaged about five times higher than that of any other industrialized democracy. Increases in incarceration even as crime decreases.
Does Prison work?
Rehabilitation Failure; criminogenic effect - increases likelihood of subsequent criminal behavior.
Determinate sentencing
Requires judges to sentence within specific range (restrained their discretion)
Sentencing Table
Sentencing guidelines reduce disparities
Sentencing Decisions
Sentencing occurs after conviction and before punishment begins Considerations are given to the seriousness of the crime Judges usually determine the sentence - Death penalty is an exception The seriousness of the crime should be a factor in these decisions
Harshness of Prison Life
Separation from outside world - prison location often far from family and friends. No decision-making power Stark, oppressive environment Extreme lack of privacy Enforced idleness, monotony Threat or reality of violence, gangs, drugs
3 Things that are modestly correlated with verdicts
Severity of the charge against the defendant, negative pretrial publicity, and trial complexity
Skills targeted in prison-based CBT
Social skills, anger control, moral reasoning, substance abuse, behavior modification, cognitive restructuring, cognitive skills and relapse prevention.
Power of prison situation: Stanford Prison Study (1971)
Something intrinsic to situation linked to temporary transformation of attitudes and behaviors, not participants' personalities.
Sentencing Disparities
Sometimes disparities in sentencing are the logical result of detail differences in seemingly similar crimes. At other times race and gender of the defendants and the political leanings/biases of judges all appear to play a role in sentencing decisions.
Victim impact statements (VISs)
Statements made during penalty stage by victims surviving family and friends that explain impact of loss. Payne v. Tennessee (1991) ruled VISs could be used to elucidate victim as unique person Controversy: Unfair juror bias toward harsher punishment; difference in perceived victim quality - was this a virtuous person or not.
Execution impact statements (EISs)
Statements used to explain the severe negative impact that a death sentence would have on the family of the defendant in a capital penalty trial, typically serving as counterweights to the perspective presented in victim impact statements.
What is the best predictor of jury verdict?
Strength of evidence - as it should be
Ballew v. Georgia (1978)
Supreme Court clarified that 5-person juries were too small and 6-person juries were the constitutional minimum.
Johnson v. United States (2015)
Supreme Court ruled that conduct/offense must present a serious potential risk for physical injury to another. (3 strikes rule)
Inadmissible evidence
Testimony or other material that cannot be received into evidence at a trial for consideration by the jury or judge.
Reconciliation Stage
The final phase of a jury deliberation process when attempts may be made to soothe hurt feelings and make everyone feel satisfied with the verdict.
Jury nullification
The jury's power to disregard, or "nullify," the law when it conflicts with personal conceptions of justice. Often not told they have this power.
Ironic processes
The process of making an effort not to think about something, but that leads to thinking about it more.
open conflict stage
The second phase of a deliberation process, in which differences in opinion among members of the jury become apparent and coalitions may form among members of the group.
Jury speaking patterns
Three most vocal jurors tend to use up about 50% of deliberation time; three least vocal use very little time
Complex/technical evidence
Too complicated/jargon filled. Best if presented clearly and content is specific to case.
Furman v. Georgia (1972)
U.S. Supreme Court unconstitutional as then administered. Justices felt death penalty was wantonly applied.
Court role in prisons
Until mid-twentieth century, courts not involved in prison administration
Verdict-driven style (30%)
Vote taken early and then orient discussion around the verdict options - sort evidence into categories supporting conviction or acquittal.
Defendant Characteristics not impacting in a straightforward way
Wealth, social status, gender, attractiveness
Jury Size Cases
Williams v. Florida (1970) and Ballew v. Georgia (1978)
Significantly lighter and shorter sentences given to
Women
Longest sentences given to
Young black males
Reforms to reduce destructive effects not widely followed
e.g., allow for more interaction, access to mental health services, prohibit mentally ill convicts from being placed in these settings) Madrid v. Gomes (1995) & Ashker v. Brown (2014)
Death qualification of jurors
eath qualification of jurors During voir dire jurors asked if they can vote for the death penalty as result of guilty plea Wainwright v. Witt (1985): potential jurors who can't impose death penalty must be excused, which is about 1/4 to 1/3 of all potential jurors. Female, African American and the politically liberal make up this group. Morgan v. Illinois (1992): tried to restore balance by excluding those who automatically impose the death penalty in capital cases; however, this is a small group. Lockhart v. McCree (1986): Research on death qualification reviewed and dismissed by Supreme Court even though it demonstrates bias against defendants.
Unanimous verdict was
established in fourteenth-century Britain. They are more thorough, but more often lead to hung juries
U.S. v. Booker (2005)
federal judges no longer have to follow sentencing guidelines which has been in place since 1987, this led to the use of more indeterminate sentencing
Hung juries
if judge accepts jury's judgement - a mistrial must be declared.
Williams v. Florida (1970)
juries of fewer than 12 members are constitutional in noncapital cases
Guidelines
list factors that ought to be considered when determining a sentence - type of crime, viciousness of crime, prior criminal record, circumstances of the current offense, and the average sentence given for similar crimes. Guidelines not mandatory
The total prison population is a function of two numbers:
number of people sent to prison and the length of time they stay in prison
Three stages of deliberation
orientation, open conflict, reconciliation
Nonunanimous verdicts
save time and reduce hung juries, but at the cost of a less thorough evaluation of the evidence.
Public Beliefs around Death Penalty
shifting toward preference for life sentence with no possibility of parole
Reactance theory
the idea that when people feel their freedom to perform a certain behavior is threatened, an unpleasant state of resistance is aroused, which they can reduce by performing the prohibited behavior
Foreperson
the presiding member of a jury who speaks for the group - the moderator
Parole
the release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior.