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.