criminal justice ch11
dissenting opinion
A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
legal costs
Almost all people who face the death penalty cannot afford their own attorney. The state must assign public defenders or court-appointed lawyers to represent them (the accepted practice is to assign two lawyers), and pay for prosecution as well.
concurring opinion
An opinion filed by a judge that agrees with the majority opinion on the case but that bases their conclusion on different reasons or on a different view of the case
jury selection
Because of the need to question jurors thoroughly on their views about the death penalty, jury selection in capital cases is much more time consuming and expensive.
aggravating circumstances
Can include use of a weapon, commission of other felonies, commission of murder for hire, or the offender's being a peace officer engaged in official duties.
pretrial costs
Capital cases are far more complicated than non-capital cases and take longer to go to trial. Experts will probably be needed on forensic evidence, mental health, and the background and life history of the defendant. County taxpayers pick up the costs of added security and longer pre-trial detention.
community model
Community reintegration was the dominant idea until the 1970s, when it gave way to a new punitive stance in criminal justice
victim impact statement
Constructed by the victim of a criminal offense that contains information about the harm and injury produced by the crime as felt by the victim. Can at times, includes a recommendation to the court as to the nature of the sentence he or she would like the convicted offender to receive.
medical model
Criminals were seen as persons whose social, psychological, or biological deficiencies had caused them to engage in illegal activity and who should receive treatment.
crime control model
Critics attacked the indeterminate sentence and parole, calling for longer sentences for career criminals and violent offenders. Legislators, judges, and officials responded with determinate sentencing laws, "three- strikes laws," mandatory sentencing laws and so forth.
trial
Death-penalty trials can last more than four times longer than non-capital trials, requiring juror and attorney compensation, in addition to court personnel and other related costs.
Payne v. Tennessee
In a 6-3 decision, the Court overturned Booth and Gathers. VIE is permissible because it provides relevant information about the full amount of harm that the defendant caused
mitigating circumstances
Include little or no prior criminal history, the offender's acting under duress or under the influence of mental illness or extreme emotional disturbance, or the offender's being young.
incarceration
Most death rows involve solitary confinement in a special facility. These require more security and other accommodations as the prisoners are kept for 23 hours a day in their cells.
8th Amendment
No excessive bail, excessive fines, or cruel or unusual punishment
colonial model
Puritans rigorously punished violations of religious laws, and banishment from the community, fines, death, and other punishments were the norm. Use of the death penalty was common.
appeal
The defendant asks a higher court to review the transcript of legal errors by a trial court and possibly to have the conviction overturned or be granted a retrial. the defendant may contest the trial court's sentencing decision without challenging the underlying conviction.
appeals
To minimize mistakes, every prisoner is entitled to a series of appeals. The costs are borne at taxpayers' expense. These appeals are essential because some inmates have come within hours of execution before evidence was uncovered proving their innocence.
progressive model
Treatment would be focused on the individual and his or her specific problem. Probation was launched as an alternative to incarceration, allowing offenders to be treated in the community under supervision, and indeterminate sentences came into being.
Baez v. Rees
Two Kentucky inmates challenged the state's four-drug lethal injection protocol. In a 7-2 decision with four concurrences and a dissent, the Court held that Kentucky's lethal injection scheme did not violate the Eighth Amendment.
booth v maryland
a 5-4 decision that VIE was per se inadmissible in capital (but not noncapital cases). VIE would be difficult for the defense to rebut
13th Amendment
abolished slavery
-It does not have any deterrent value. -It is discriminatory against minorities. -Retribution is unfitting for a civilized society. -It can (and does) claim the lives of innocent people.
against death penalty
concurrent sentence
all sentences served simultaneously
indeterminate sentencing
convict sentenced for a set range of time
the drugs used in the executions cause extreme and unnecessary pain, while masking the pain being experienced by the inmate, and thus violate the Eighth Amendment's ban on cruel and unusual punishment
challenges to lethal injection
consecutive sentence
each sentence served seperately
reformatory model
emphasized inmate change and indeterminate sentences. Fixed sentences, lockstep, silence, and isolation were seen as destructive to inmate initiative.
agreeing to engage in plea negotiations, max penalty judge may impose, sentencing recommendations to court
how can prosecutors influence the system
-Belief that it deters other people from committing murder, while others base their stand on theological grounds, the commandment "Thou shalt not kill." -It is society's nod to an "eye for an eye": "If you kill one of us, we will kill you." -One thing the death penalty most certainly accomplishes, however, is the prevention of future murders by that particular offender. -Elusive answers based no studies to the question: Does the existence of a death penalty deter individuals from committing murder?
in favor of death penalty
penitentiary model
introduced the institutional pattern of outside cells with the use of solitary confinement as the central method of reforming inmates
Gregg v. Georgia
jury members may not impose the death penalty unless they first determine the existence of one or more statutory aggravating circumstances beyond a reasonable doubt, as well as determine that the aggravating circumstances outweigh the mitigating circumstances beyond a reasonable doubt.
deterrence
punishment deters others from committing crimes
retribution
punishment fits the crime
retribution, deterrence, incapacitation, rehabilitation
purpose of punishment
Rehabilitation
reform (programs or counseling)
incapacitation
rendering one as unable to move through system- incarceration or court order
south carolina v gathers
the court reaffirmed its view about the inadmissibility of VIE.
judicial determinate sentencing
the judge has broad discretion to choose a sanction, but once imposed, it is not subject to change
legislative determinate sentencing
the legislature fixes by law the penalty for specific offenses or offense categories
legal costs, pretrial costs, jury selection, trial, incarceration, appeals
things contributing to death penalty costs