Death Penalty Exam 1, Chapter 13 Sentencing, 13- sentencing the death penalty and other forms of punishment, Ch 13: Sentencing, the Death Penalty, and Other Forms of Punishment, death penalty test, Death Penalty Final, Death Penalty Final
During the high point of executions in the United States in the 1930s, approximately what percent of all death eligible offenders were executed?
20%
According to the death penalty information center, what year was perhaps the most significant single year affecting death penalty opinion in United States history,
2000
Atkins v. Virginia
2002 Cannot exc. mentally retarded
Roper v. Simmons
2005 >18 could not be executed
Emmett v. Kelly
2007 Validated Lethal injection
Approximately what percent of all homicides do women commit?
3%
How long does it take and how does this compare to a non-capital trial voir dire?
3-5 times longer
In a 2008 national opinion survey, approximately what percent of the respondents chose closure as their most important reason for supporting the death penalty?
3.8%
Approximate number of states with/without death penalty
31 with death penalty, 19 without
jurisdictions w/ DP
34
How many justices must vote to hear a case before the Supreme Court hears the case?
4
In a study of death foldable murderers in Philadelphia, Pennsylvania between 1983 and 1993 by Prof. Baldus and his colleagues, how many times greater chance of receiving a death sentence did African Americans have when compared to similarly situated defendants, even after controlling for a variety of factors including severity of offense and background of defendant?
4 times
general deterrence
A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.
Louisiana ex rel. Francis v. Resweber (1947):
A second electrocution after first one failed to kill
consecutive sentence
sentences served one after the other
During what stage do many juror make their sentencing decisions?
At onset- Media creates a "framework of understanding"
According to research, for what type of revenge does the public support the death penalty?
Vindictive Revenge
Are there variations in capital crime convictions in different geographical areas of Florida and Georgia?
Yes
Concurrent sentences
sentences that are served simultaneously rather than one after the other.
mandatory sentences
sentences that must be imposed by the judge or jury, no deviation is allowed
Mandatory Sentence
sentences that must be imposed by the judge or jury; no deviation is allowed
Consecutive sentences
sentences that must be served one after the other rather than simultaneously.
requirements of deterrence theory
severity, certainty, celerity, publicity
what is the second element of deterrence theory?
severity:
What is clemency?
" an act of mercy" reduce the sentence of people convicted The last request for relief after the justice system has run its course The process through which the Governor (state) or President (federal) considers requests for: 1. Pardon: restores all rights lost due to conviction 2. Commutation: modifies a person's sentence, usually LWOP 3. Reprieve: suspends a person's sentence, usually 30 days
describe the two cases that outlines the requirements of claims of ineffective legal representation (skrickland v washington and wiggins v smith)
" in Stricklandv. Washington,5 the Supreme Court framed the standard in such unforgiving terms, and applied it so strictly, that the new standard did little to actualize-and, indeed, undermined-theideal of effective representation. For many years under Strickland, the Court repeatedly tolerated minimal effort and preparation by defense attorneys, refused to hold defense attorneys to the minimum standards of conduct prescribed by the legal profession, and blindly deferred to strategic and tactical decisions by counsel. In stark contrast to the access-to-counsel cases, then, the ineffectiveness cases signaled that the right to counsel is not terribly important after all: in the vast majority of cases, all that really matters is that the defendant was represented by a licensed attorney.
which point in the capital punishment process is the most expensive and why?
"Time is Money": most expensive •Automatic appeal may win defendant new trial or new sentencing hearing ●Proportionality review
bifurcated trials
2 phases: one to determine if they are guilty and two which penalty do they earn (guilt ad sentencing phases)
About what percent of death row populations were compromised of women, as late 2010?
2%
what percent of the death row population are females?
2%
Number of people on death row nation-wide
2,817
total number of inmates currently incarcerated in prisons and jails in the us?
2.3 million
Espy # of documented legal executions? How many actually occurred? When did most occur?
(p. 4) Civil authority exc. since 1608 about 1900 confirmed, suspected 22,000-22,500 + 10,000 lynching in 19th century
what are the three elements that must be present in deterrence theory
- certainty - severity - swift and celerity
General trends in the change of DP
-1987: Age of eligibility from 10 to 16 -1992: criminal rule 24- appointment of council -1993: life without parole created -1994: person's with intellectual disability not eligible for death -1995: method of execution changed to lethal injection -2002: age of eligibility from 16 to 18 -jury recommendation must be followed by judge
According to Professor Baumgartner and his colleagues, why is aggregate change in death penalty opinion a slow process?
-Not a silent issue -Moral and religious beliefs
Common characteristics of guided discretion
-narrows class of offenses eligible for death -bifurcated proceedings -proof of at least one statutory aggravating circumstances -automatic review/direct view by high court of states
Which conservative commentators have not criticized the death penalty?
...
According to Gallup polls, in what year did the highest percentage of people in the United States support the death penalty for first degree murder?
1994
What did the Anti-terrorism and Effective Death Penalty Act of 1996 do (hint: four things)? What are its main purposes?
1) Limited Habeas Corpus filings to new issues 2) Requires new claims be dismissed unless the Supreme court called whatever the claim is unconstitutional and makes it retroactive. 3) Made Federal Appellate Courts "Gate Keepers of Habeas Corpus filings. 4) 3 panel Habeus Corpus review. -- Main purpose was to save money and hasten the death process.
According to the Gallup polls, in what year did the support for the death penalty for first-degree murder peak?
1994
Common characteristics of guided discretion statuses
1) narrow the class of offenses for which death is an option 2) Bifurcated proceedings 3) proof of at least one statutory aggravating circumstance 4) Automatic review by high court of the state
Tison v. Arizona
1987 DP may be imposed for reckless indifference
McCleskey v. Kemp
1987 Must show discrimination in the case not just in general. Case discussed sentencing racial disparity
Ultimate goals of death penalty
1. Deterrence 2. Retribution 3. Incapacitation 4. Rehabilitation
Herrera v. Collins
1993 Actual innocence is not grounds for federal habeas corpus relief. District court should deal with innocence
what three improvements has the innocence project act of 2004 made?
1. Establishes guidelines for exonerating the innocent through DNA testing •Evidence must not have been previously tested •Must provide a current DNA sample for purposes of comparison with existing evidence •Testing must be completed within 60 days after the government responds to the application. 2. Improving the quality of representation in state capital cases •Establish qualifications for defense attorneys in capital cases •Maintain a roster of qualified attorneys to represent capital defendants •Assign 2 attorneys in capital cases •Train and monitor the performance of capital defense attorneys 3. Compensation for the wrongfully convicted •Increases the amount of money that the US is required to pay in federal wrongful conviction cases to $100,000 per year of incarceration in capital
Glossip v. Gross (2015) Justice Breyer's idea that the constitutionality of the death penalty as a whole should be questioned
1. Lack of reliability 2. Arbitrariness 3. Excessive Delays 4. Unusual- decrease in death penalty
3 types of guided discretion
1. Threshold- once juries meet the threshold of having aggravates, they will decide for or against death penalty 2. Weighing- juries weigh aggravates against mitigates 3. Directed- have to have statutory aggravated factors and came up with specific questions. If answered in a specific way, it led the jury to their verdict.
describe the two types of procedural errors
1. harmless error: does not prejudice the rights of the defendant to a fair trial, mistakes the minor and had no bearing on jury's finding of guilt, guilty verdict stands 2. reversible (prejudicial) error: mistaken application of a law by a court where a court mistakenly assumes jurisdiction over a matter that another court has exclusive jurisdiction over
according to van dan haag what are the important nonmoral purposes of punishment?
1. maldistribution 2. miscarriages of justice 3. deterrence 4. incidental harms 5. inherently degrading
Approximately what percent of the nearly 1,000 defendants sentenced to death in California between 1973 and 2010 have been executed?
1.4%
According to a recent study, what percent of US counties accounted for all death sentences imposed between 2004 and 2009?
10%
What percentage of counties accounted for all death sentences between 2004 and 2009?
10%
In a national survey, what percent of registered voters believed that an offender sentenced to life imprisonment without possibility of parole would never be released from prison?
11%
number of people on death row in IN
12 people (11 men, 1 female)
According to Death Penalty Information Center, how many death row prisoners have been exonerated between 1973 and 2010?
138
Average length of time on death row
15 years
How long does someone with a life sentence typically serve?
15 years
According to findings from the capital jury project, many capital jurors believe murderers will be back on the streets far too soon. How soon do they believe murderers will be back on the streets?
15 years or less
how many women have been executed since 1976?
16
total number of death row exonerations since 1970s
166
According to a recent survey, what percent of religious organizations in the United States officially support capital punishment?
17%
States w/o DP
18 plus DC
Before what year were nearly 90% of the women executed in the United States executed?
1866
In what decade did executions reach their highest? What was the yearly average?
1930's at 167/year
Scottsboro v. Alabama; Norris v Alabama
1935 he Court held that organized exclusion of blacks from jury panels (the pool of potential jurors) was a violation of a defendants' constitutional right to due process.
According to the Gallup organization, in what year have the fewest people in the United States supported the death penalty?
1966
What was the first year without legal executions in American history?
1968
Year without execution
1968
During what years were there no executions in the US?
1968-1976. Billy Gillmore started them up with firing squad
Furman v. Georgia,
1972 DP unconstitutional as it was. Was not constant in its application. cases: Furman v. Georgia, Jackson v. Georgia, Branch v. Texas, 408 U.S. 238 (1972).
First year with no LEGAL executions
1976
Gregg v. Georgia
1976 Guided discretion preventing jury nullification
Woodson v. North Carolina
1976 rule mandatory DP unconstitutional
Enmund v. Florida
1982 Getaway driver could not get DP
Ford v. Wainwright
1986 insane cannot be executed even if insane due to death row
According to Bedau and Radelet, how many people have been wrongly convicted in the 20th century? What percentage occurred prior to the implementation of super due process with the Gregg decision? How many do they believe were wrongfully executed?
416 wrongfully convicted, 23 people were wrongfully executed, and 84 % of those wrongfully convicted happened before Gregg.
What percent of all homicides occurred in the South in 2009?
44.8%
What percentage of murders occurred in the South in 2009?
44.80%
What percentage support the death penalty when LWOP is an option?
46%
And a 2010 Gallup poll, approximately what percent of respondents preferred the death penalty as the better penalty for murder when given a choice of the death penalty or life imprisonment with absolutely no possibility of parole?
49%
How many U.S. Supreme Court justices does it take to stay, or stop, an execution?
5
what is the average number of death row exonerations per year?
5
According to Espy, what percentage of those executed since 1608 were innocent of the crimes for which they were executed?
5%
Woodson v. North Carolina (1976) Outcome
5-4, yes the mandatory death penalty is unconstitutional
Glossip v. Gross (2015) Outcome
5-4; no, the drug being used during execution is not violating the eighth amendment against cruel and unusual punishment
Furman v. Georgia (1972) Outcome
5-4; system of capital punishment violates the 8th amendment against cruel and unusual punishment
From 1800 to 2002, what percent of all persons executed in the United States were African Americans?
50%
In a recent study prepared for the American Bar Association by professors Baldus and Woodworth, and approximately what percent of death penalty states was race of defendant found to be a significant predictor of whom would receive a death sentence?
50%
In what percentage of death penalty states did Baldus and Woodworth find race of the defendant to be a predictor?
50%
Approximately what percent of those people executed in the south since 1930 have been black?
53%
how many women are on death row?
55
Of the 97 death penalty cases in IN, how were they resolved?
57 reversed; 6 died of natural causes
Which constitutional amendment presumably authorizes the death penalty?
5th
Reversal rate in IN
60%
According to recent Gallup polls, approximately what percent of people in the United States support the death penalty for first-degree murder?
65%
According to Liebman's study, in what percentage of reversals by state post conviction courts was the defendant found to be innocent?
66%
What percentage of executions have been carried out by the top 5 states? The top 2? The number 1?
66% of total for top five states, 46 % of total for top 2 states, 37% of total for top 1.
Reversal rate in the nation
68%
youth execution demographics
69% of executed were black and 90% of victims were white
How many condemned inmates were pardoned between 1973 and 2011?
7
How many times more capital offenders have been executed in the south than in any other region of the United States under post furman statutes?
7 times
Gregg v. Georgia (1976) Outcome
7-2, capital punishment does not invariably violate the constitution Guided discretion is constitutional
According to evidence from the capital jury project, approximately what percent of jurors acknowledge that sentencing instructions did not guide their decision-making on punishment but served instead as an after-the-fact facade for decision made prior to hearing the introductions?
75%
According to a 2007 survey, what percent of US Catholics favored the death penalty?
77%
According to the Gallup polls, what has been the highest percentage of people in the United States to support the death penalty for first-degree murder?
80%
Approximately what percent of post Furman executions have taken place in the South?
80%
Of those people executed under post-Furman statutes, approximately what percent of their victims were white?
80%
What percentage of post-Furman executions have taken place in the South?
82%
Approximately what percent of those people executed for the crime of rape in the US since 1930 were black?
89%
What two amendments were alleged to be violated according to this case?
8th & 14th
From the early 18th century through the mid 20th century, how many times higher were African American execution rates, on average, then white execution rates?
9 times
In a recent study prepared for the American Bar Association by professors Baldus and Woodworth, and approximately what percent of the death penalty states were race of victim disparities found?
93%
Approximately what percent of executions for the crime of rape have occurred in the south since 1930?
97%
Define fictive kin (2 points).
Any non kin which treats the offender like family such as prison wife
According to Professors Nakell and Hardy, what is the difference between arbitrariness and discrimination?
Arbitration is random, Discrimination is deliberate.
According to Judge Paul Cassel, why do European countries not have the death penalty?
Because less Democratic
First abolitionist
Benjamin Rush, showed it was actually harmful to society and not a deterrent
What does research show about poorly understood jury instructions and their effects on black and white defendants?
Blacks get harsher penalty
What does research show about how jurors treat testimony that the defendant was abused as a child, had untreated psychological problems, and was a drug abuser for white defendants compared to black defendants?
Blacks get then turned to aggravating circumstances rather then mitigating like whites
characteristics of the victim
CHARACTERISTICS OF VICTIMS •The ages of victims of female offenders range from < 1 to 89 years old. •35% are White Male •22% are White Female •14% are Latino Males
california is an outlier. why has the death penalty cost the state of california $4 billion since 1978?
California has the largest death row in the country and has not had an execution since 2006 due to legal challenges to its lethal injection protocol.
States with largest number on death row
California, Florida, Texas
In what type of cases under Georgia's post Furman death penalty statute did law professor Baldus and his colleagues fine that race of victim affects were particularly strong?
Capital
What did Justice Lewis Powell tell his biographer about his boat in the McCleskey case?
Capital Punishment should be abolished
list and describe the three differences between adolescents and adults that were cited by the Supreme Court and outlined the rational for the roper v. simmons case?
Capital punishment must be limited to those whose extreme culpability makes them "the most deserving of execution." •3 differences between juveniles and adults demonstrate that juvenile offenders cannot be classified among the "worst offenders": •Susceptibility to immature and irresponsible behavior: conduct is not as morally reprehensible as that of an adult. •Vulnerability and lack of control: have a greater claim than adults to be forgiven for failing to escape negative influences in their environment. •Struggle to define their identity: it is less supportable that e
Where and when was the first execution by lethal injection?
Charles Brooks, Texas, 1982
Since 1990, which countries have executed individuals under the age of 18 at the time of the crime?
China, Democratic Republic of Congo, Iran, Pakistan, Yemen, Nigeria, Saudi Arabia, and the United States.
definition of clemency
Clemency is the process by which a governor, president, or administrative board may reduce a defendant's sentence or grant a pardon. Clemencies have been granted in death-penalty cases for a variety of reasons.
What does research show about jurors and judges capital sentencing instructions, especially those pertaining to mitigating circumstances?
Commonly misapprehend judges
Who is Kirk Bloodsworth? why is his case important?
Convicted in 1985 for the brutal killing and sexual assault of 9 year old girl in Maryland. •Released from prison in June 1993 and pardoned in December 1993. •He spent 8 years in prison, two of those years facing execution. •The first person to be exonerated from death row through post-conviction DNA testing.
What influence does legal doctrine that allows a detailed discussion during the penalty phase of prison conditions or future prospects should the defendant be sentenced to life imprisonment without opportunity of parole have on the moral disengagement of capital jurors?
Convinces jury to vote LWOP.
What models of the Publics punitiveness did professors Unnever and Cullen describe in a recent study?
Crime-distrust, Moral decline, Racial animus
What issues are addressed by the Innocence Protection Act of 2004?
DNA reviews, Quality of representation, Compensation for wrongly accused
how have non-profit and legal organizations attempted to combat the problem of ineffective legal representation in capital cases? what improvements have been made?
Death Penalty Representation Project: focus has been to improve the quality and availability of legal representation for persons facing possible death sentences Created 1986 by America Bar Association •Raise awareness about the lack of representation available to death row prisoners •Recruit competent volunteer attorneys •Provide these volunteers training and assistance •Assure individuals facing death are represented at all stages of the proceedings from trial through clemency by qualified, adequately compensated counsel.
How does the appellate process differ with death penalty defendants and other criminal defendants?
Death penalty defendants get one more appeal than other criminal defendants do
Why Should a State Compensate the Wrongly Convicted?
Despite their proven innocence, the difficulty of reentering society is profound for the wrongfully convicted; the failure to compensate them adds insult to injury. Society has an obligation to promptly provide compassionate assistance to the wrongfully convicted in the following ways: • Monetary Compensation, Based Upon a Set Minimum Amount For Each Year Served • Provision of Immediate Services, Including: - Financial support for basic necessities, including subsistence funds, food, transportation; - Help securing affordable housing; - Provision of medical/dental care, and psychological and/or counseling services; - Assistance with education and the development of workforce skills; and - Legal services to obtain public benefits, expunge criminal records, and regain custody of children.
Glossip v. Gross (2015) Constitutional Question
Does Oklahoma's use of midazolam as the initial drug in the execution protocol, the same initial drug used in Clayton Lockett's execution, violate the Eighth Amendment's prohibition against cruel and unusual punishment?
Furman v. Georgia (1972) Constitutional Question
Does the imposition and carrying out of the death penalty constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?
What does research on capital crime victims families show?
Executions produce outcome not closure
With only a few exceptions, what is the position of the leadership of most religious denominations in the US today toward the death penalty?
Favors Abolition
Brutalization
Found a brutalization effect in 48% of states
In what case did the Court rule that a second execution did not violate the rights of the offender is the first attempt failed?
Francis v. Resweber
Due Process
Fundamental fairness
In what case did the U.S. Supreme Court declare the death penalty as it was then administered to be unconstitutional?
Furman v Georgia 1972. Gregg v Georgia re-instated exc. 1976
DP unconstitutional as it was administered was unconstitutional in what case
Furman v. Georgia - put moratorium on DP. States rallied and had it running again in a year, 1972
Who was the first person executed after reinstatement of the death penalty?
Gary Gilmore was executed by a firing squad on January 17, 1977.
What murderer was allowed to plead guilty to 48 murders, thus gaining the distinction of pleading guilty to more murders than any other serial killer in American History?
Gary Ridgeway
Moratorium re-instated DP
Gregg v Georgia re-instated exc. 1976
What was ironic about the timing of John Spinkelink's execution?
He could have been paroled if he plea bargained
For what demographic characteristic have differences between the opinions of death penalty proponents and opponents been greatest?
Ideology
According to the author of your text, what is the key to understanding temporal variations in death penalty opinions?
Lies in the fear and anxiety engendered by the social events of an era.
Why is voir dire more expensive in capital cases?
Increased number of pre-empt challenges, increased number of jurors dismissed for cause, increased number of jurors who try to disqualify themselves, 2 phased trial
What is the importance of Trop v. Dulles?
Limits of civilized standards with courts and sentencing, and evolving standards of decency
What does research show about information about the death penalty in public support for it that is contrary to the exceptions of many death penalty opponents?
Information might not reduce support for the death penalty
Gregg v. Georgia (1976) Constitutional Question
Is the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment?
What has been the trend in public opinion in countries that have abolished capital punishment?
Is the insulation and entrenchment of capital punishment if the constitutional challenges are brought and rejected
What is meant by the "death is different principle?"
It is different in its finality, pain, ect
What Supreme Court Justice believe that, given information about the death penalty, the greatest mass of citizens would conclude... That the death penalty is immoral and therefore unconstitutional?
Justice Marshall
What did Bohm and his colleagues discover about death penalty opinions
Knowledge didn't change opinions
Areas in IN most active in seeking/getting death
Lake and Marion county
What do studies show happens to death penalty opinions when people are given the option between the death penalty in life imprisonment with absolutely no possibility of parole in the payment of restitution by the offender to the victims family or the community?
Less people prefer death penalty when given LWOP+ as an option
What are characteristics of black proponents of the death penalty?
Male, married, high income, conservative
According to the evaluations of psychiatrist Dorothy Lewis and her colleagues during the mid-1980s, what problem characterized the most juvenile death row inmates?
Mental Problems
How many death rows are in IN and where are they?
Michigan City- men Indianapolis- women Terre Haute- federal
First state to abolish DP except for treason
Michigan in 1864
Which state (and when) was the first to abolish the death penalty for all crimes except treason?
Michigan, 1846
According to Professors Stieker and Stieker, what is the inherent danger in constitutional litigation of capital punishment?
Might mobilize in support of the potent symbolic issue.
What does data from the capital jury project reveal about jurors view's about the alternatives to a death sentence, and what are the consequences?
Mistaken views, consequently vote for death even though they would vote for for life if they were assured that the defendant would never be released from prison.
What concept refers to an unconscious psychological process by which racially discriminatory outcomes can be produced as cool distant and indirect and manifested not by negative attributions toward outgroup members but rather by attributing more positive attributes to an group members?
Modern Racism
According to research, what affect does negative information about a capital offender by the media have on a potential juror?
Most will convict
Did the Supreme Court's decision and Rober V. Simmons end age discrimination in the application of the death penalty?
Must be over 18
In terms of the 8th Amendment, how has the Supreme Court defined insanity and in what case
Must be sane to execute Ford v Wainwright
Which state was the last to abandon electrocution as its primary method of execution?
Nebraska in 2008
Does long standing legal doctrine allow jurors to research on their own the meaning of keys terms about which they are confused?
No
In death penalty cases, has the Supreme Court allowed racially discriminatory intent to be inferred from a clear pattern, unexplainable on grounds other than race?
No
Is a prosecutors decision to charge a person with a capital crime reviewable by appellate court?
No
Which one philosophers Cottingham's nine theories of retribution punishment is the one he argues captures the basic or fundamental notion of retribution?
Repayment Theory
What case (and when) had to do with the Scottsboro boys? What did the Court rule in that case about legal counsel?
Powell v Alabama 1932 right to legal council
Scottburo Boys
Powell v. Alabama (1932) First case to apply 14th Amendment's due process clause to capital cases in state court, firstin a series of cases that extended 6th Amendment right to effective assistance of counsel
What does research show about when jurors' make their sentencing decisions and what those decisions often times are?
Pro-death. Minds are made up before sentencing phase
Which religious groups currently support the death penalty?
Protestent, Catholic, Jewish
Name the types of clemency relevant to capital punishment.
Reprieve, commutation, pardon
Petition to revoke (also called PTR)
a motion filed by the prosecutors seeking to revoke probation and read sentence the offender.
What conditions for capital punishment were set out by this ruling (Woodson)?
Re-instatement set conditions: bifurcated trial, automatic appeal, proportionality review (optional), sentencing guidelines
According to this class, what is the most important aspect in the cost of capital punishment?
Regardless of the outcome the costs are incurred
In what year for which public opinion polls are available did a majority of Americans oppose capital punishment?
None
What is the probability the principal source of discrimination in the administration of capital punishment?
None
What did Kohlberg and Elfenbein find in their 20 year study of the development of moral judgment and American males?
Nonfactual cognitive components of attitudes toward capital punishment are determined by developing moral standards.
Scottsboro Boys
Norris v Alabama & Powell v Alabama Ineffective assistance of counsel did not have time to work on the case. They rushed it through
what are some recommendations for decreasing the costs of capital punishment? are these suggestions valid? why or why not?
On average, a death penalty trial costs more than double the amount spent on a non-death penalty trial Death penalty trials and appellate review take longer than those for non-death penalty cases. An average non-death penalty trial lasted 15 months, whereas a death penalty trial lasted 20 months. Appellate review for non-death penalty cases lasted an average of two years;
Pardon/Clemency
Pardon is to completely forgive a crime; clemency is to reduce the punishment for a crime In general, clemency is often extended for humanitarian reasons, such as to an aged and ill inmate who needs specialized medical care. It is also extended to offenders when there is doubt concerning guilt or when the sentence given is excessive. Finally, in some cases, clemency can be extended as a favor to an executive's political friends or cronies. Clemency must often be requested by application or petition before it is granted. In most jurisdictions, these applications first must be filed with a reviewing agency such as the state board of pardon and parole before being seen by the appropriate government head.
What is a peremptory challenge?
Permit the attorney to have a prospective juror removed without giving any reason for doing so. Limited number. Cannot be done on basis of race.
What did Prof. Lord and his colleagues find about the effect of information about the death penalty on death penalty opinions?
Polarized Opinions
According to recent public opinion polls, what is the number one reason for favoring the death penalty?
Retribution
According to Prof. Radin, what is the difference between retribution and revenge?
Revenge-Private Act, Retribution-Public Act
According to Prof. Finckenauer, what is the difference between retribution fusion as revenge and retribution as just deserts?
Revenge-paid back, Deserts-crime pays back
According to Judge Paul Cassel, what are black on white murders more likely to involve?
Serious Felonies
Research about deterrence effect?
Shepherd- controlled for income, unemployment, race, gender, age, population density, assault rates 1. Concluded each execution results in 18 fewer murders with a margin of error of plus or minus 10 2. Executions only have a positive effect in 22% of cases, induce additional murders in 48% of states National council- theres not enough data available to make a valid conclusion on whether or not deterrence has an effect on homicide rates
Reasons for Wrongful convictions
Shoddy police work, Eye-witness misidentification and purjury, False confessions,Procecutorial misconduct
According to a recent study, what frequently determined whether the prosecutor sought and the jury impose the death penalty?
Social Class
What was the standard method of judicial execution in biblical times?
Stoning
What are problems experienced by families of death row inmates?
Stress Depression Self Accusation Powerlessness Family Disorganization
What did a recent study of Virginia death sentencing practices find about prosecutors and seeking a death sentence in different areas of the state?
Strongest predictive factor was location
What is the Marshall hypothesis? Who wrote it?
Supreme Court Justice believed that, given information about the death penalty, the great mass of citizens would conclude ... that the death penalty is immoral and therefore unconstitutional. Justice Marshall
Which states execute most frequently?
Texas= most frequent
antiterrorism and effective death penalty act of 1996 what restrictions did it place on appeals?
The AEDPA "reformed" habeas corpus by limiting its effectiveness. The most troubling procedural changes require a prisoner to raise all claims in one collateral attack (in the form of a 2255 motion for federal prisoners or a 2254 motion for state prisoners) and to file that challenge within a year after the prisoner's conviction became final. With very limited exceptions, the AEDPA prohibits "successive" collateral attacks.
How to Improve the Accuracy of Eyewitness Identifications
The Innocence Project endorses a range of procedural reforms to improve the accuracy of eyewitness identification. These reforms have been recognized by police, prosecutorial and judicial experience, as well as national justice organizations, including the National Institute of Justice and the American Bar Association. The benefits of these reforms are corroborated by over 30 years of peer-reviewed comprehensive research. 1. The "Double-blind" Procedure/Use of a Blind Administrator: A "double-blind" lineup is one in which neither the administrator nor the eyewitness knows who the suspect is. This prevents the administrator of the lineup from providing inadvertent or intentional verbal or nonverbal cues to influence the eyewitness to pick the suspect. 2. Instructions: "Instructions" are a series of statements issued by the lineup administrator to the eyewitness that deter the eyewitness from feeling compelled to make a selection. They also prevent the eyewitness from looking to the lineup administrator for feedback during the identification procedure. One of the recommended instructions includes the directive that the suspect may or may not be present in the lineup. 3. Composing the Lineup: Suspect photographs should be selected that do not bring unreasonable attention to him. Non-suspect photographs and/or live lineup members (fillers) should be selected so that the suspect does not stand out from among the other fillers. Law enforcement should select fillers using a blended approach that considers the fillers' resemblance to the description provided by the eyewitness and their resemblance to the police suspect. (More detailed recommendations can be provided upon request by the Innocence Project.) 4. Confidence Statements: Immediately following the lineup procedure, the eyewitness should provide a statement, in his own words, that articulates the level of confidence he or she has in the identification made. 5. The Lineup Procedure Should Be Documented: Ideally, the lineup procedure should be electronically recorded. If this is impracticable, an audio or written record should be made.
What contributes to the dehumanization of the capital defendant?
The Media
do indigent defendants have a right to legal representation during post conviction habeas corpus proceedings?
The Sixth Amendment generally does not include a right to court-appointed counsel in post-conviction proceedings, such as appeals and habeas corpus petitions. The Supreme Court has held that defendants do not have a right to appointed counsel for discretionary appeals. Anders v. California, 368 U.S. 738 (1967); Smith v. Robbins, 528 U.S. 259 (1999). The right to appointed counsel only extends to the "first appeal of right," but not to further collateral attacks on a conviction. Pennsylvania v. Finley, 481 U.S. 551 (1987).
Wiggins v. Smith (2003)
The Supreme Court granted a new sentencing hearing, holding that Wiggins' Sixth Amendment right to effective assistance of counsel was violated. Trial counsel failed to adequately investigate and present mitigating evidence such as Wiggins' personal and social history of severe physical abuse and sexual assault, and none of this information was presented at the penalty phase of trial, thus prejudicing Wiggins' defense. The Supreme Court's decision stated that such an investigation is a key component of the strategic decision regarding what, if any, mitigating evidence to present during a sentencing hearing. The Court further held that the counsel's decision in defending a client facing the death penalty must be based on a thorough investigation of all possible mitigating factors. Failing that, it must be based on competent professional judgment providing sound reasons for limiting the investigation.
Furman v. Georgia (1972) how did the opinions of marshall and brennan differ?
They believed that capital punishment was per se unconstitutional opposed to the others who thought it was unconstitutional due to administrative reasons, others thought it was constitutional
What was the foremost cause of wrongful convictions in capital cases found by Bedau and Radelet and the Center on Wrongful Convictions at Northwestern University Law School?
The study found that 80% of the reversals were due to ineffective assistance of counsel, prosecutor misconduct, unconstitutional jury instructions, and judge/jury bias (witness Perjury)
According to the author of your text, what do levels of death penalty support and opposition seem to demarcate?
The threshold level of peoples tolerance of media reported crime and serve as an indicator of peoples threshold tolerance of social change.
What did a recent study find about people's willingness to impose the death penalty?
The willing to impose might be higher then the opinion polls show.
what is the purpose of punishment?
The purpose of punishment is to discourage a behavior.
What does research show about the wording of death penalty opinion questions and the response categories that are provided?
The question was worded different and opinions altered
What methods of execution did religious authorities create?
The rack, wheel, iron maiden, burning, impaling
What does established legal doctrine presume about jurors' understanding and following judges' instructions?
They presume that the jury understands instructions but they really don't.
What does research show about how the jurors regard exactly the same mitigating and aggravating evidence depending on whether it is offered in a case in which the defendant is white as opposed to the defendant being black?
They turn mitigating into aggravating circumstances because of confusion
How have the percentages of commutations changes since before Furman compared to today?
They were higher pre-Furman
What does evidence suggest what happened in terms of personal revenge by relatives and friends of the victim if capital punishment in the United States was abolished?
They will seek revenge if the state doesn't
According to proponents of the death penalty, what is the translation of the sixth Commandment in original Hebrew?
Thou Shalt not commit murder
Under what seemingly legitimate conditions are judges still reluctant to grant change of venue motions?
To much pretrial publicity
According to research, what effect do judicial instructions have on the biasing effects of pretrial publicity?
Told not to listen to pretrial publicity
What was the basis of the Miller-EI ruling?
Training manual on how to keep minorities off jury. Court overturned DP
Based on evidence from the capital jury project, what effect does the presence of only one black male on the jury have on the likelihood of a death sentence?
Twice as likely
What must the jurors provide the court with to prove that they agreed to a death sentence?
Unanimous vote on aggravating circumstances
In what case did the Supreme Court abandon its fixed or historical meaning of the concept of "cruel and unusual punishment" and create a new one?
Weems vs. US in 1910
What race has the majority of persons executed under post-furman statutes been?
White
explain why female offenders compromise such a small percent of those on death row
Women are rarely sentenced to death in the United States and executions of women are even rarer. Researchers have suggested that women who are sentenced to death are often perceived as breaking gender norms.
Inwhich case did the Supreme Court rule that mandatory death sentences were unconstitutional?
Woodson
Mandatory DP unconstitutional
Woodson v. North Carolina 1976
What has research found about religious belief about the death penalty in general and Protestant support for the death penalty in particular?
Wrathful Punitive God- more likely to favor death
Are capital Jury's generally representative of the community from which they are drawn?
Yes
What is a plea bargain?
a plea bargain occurs when suspects deal with the prosecutor to obtain a lighter sentence in exchange for a guilty plea.
define voir dire
a process by which the judge and counsel examine a prospective juror to determine fairness and impartiality the jury selection process
What does habeas corpus mean?
a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of a person usually a prison official to bring the prisoner to court to determine whether the detention is lawful
Intermediate Sanction
a sanction that is less severe and less costly than prison, but more restrictive than traditional probation
Indeterminate Sentence
a sentence that gives wide discretion to the sentencing authority
indeterminate sentence
a sentence that gives wide discretion to the sentencing authority
Determinate Sentence
a sentence that specifies the period of incarceration based on guidelines
determinate sentence
a sentence that specifies the period of incarceration based on guidelines
Court supervision
a sentencing option used for minor offenses in which the defendant is not convicted if he or she complies with the judges conditions during a specific period of time.
Presumptive Sentences
a specified sentence is set by law, but may be increased or decreased depending on the presence of aggravating or mitigating circumstances
presumptive sentenses
a specified sentence is set by law, but may be increased or decreased depending on the presence of aggravating or mitigating circumstances
Monetary Penalty
a sum of money exacted by an administrative agency for the doing of or failure to perform some act
monetary penalty
a sum of money exacted by an administrative agency for the doing of or failure to perform some act
Restitution
a victim is restored to his or her original situation prior to the loss or injury
restitution
a victim is restored to his/her original situation prior to the loss or injury
Restitution
a component of a sentence entered against defendant to be used to compensate the victims of the crime for their losses.
Parole
a conditional release from incarceration after actually serving part of the sentence.
probation
a convicted offender is allowed to remain free in the community subject to court imposed conditions and under the supervision of a probation officer
Probation
a convicted offender is allowed to remain free in the community, subject to court-imposed conditions and under the supervision of a probation officer
Probation
a criminal sentence discharging the defendant to the community subject to conditions, which may include reporting to a probation officer.
What is a challenge for cause?
a dismissal of a juror for causes specified by law (unlimited)
Prison (also known as a Penitentiary)
a facility controlled by the state or federal government to house convicted State Court felons and federal offenders.
Determinate sentencing
a form of punishment in which the defendant is sentenced to a specific term of imprisonment.
Sentence
a judgement formally pronouncing the punishment to be imposed on a person who has been convicted of a crime.
boot camp
a military-style institution intended to provide discipline and education as well as punishment, usually for younger and first time offenders
It is sometimes suggested that abolishing capital punishment is unfair to the taxpayer, on the assumption that life imprisonment is more expensive than execution. If one takes into account all the relevant costs, however, just the reverse is true. "The death penalty is not now, nor has it ever been, a more economical alternative to life imprisonment.") A murder trial normally takes much longer when the death penalty is at issue than when it is not. Litigation costs - including the time of judges, prosecutors, public defenders, and court reporters, and the high costs of briefs - are mostly borne by the taxpayer. The extra costs of separate death row housing and additional security in court and elsewhere also add to the cost. A 1982 study showed that were the death penalty to be reintroduced in New York, the cost of the capital trial alone would be more than double the cost of a life term in prison. (N.Y. State Defenders Assn., "Capital Losses" 1982)
cost of capital punishment
Examples of aggravating factors
cruel and heinous murder, murder of a minor under the age of 10, a coinciding felony at the time of the murder, and many others that can be considered by the jury
be able to provide examples of the cost differences in non-capital and capital cases across the the US
non-capital cases are less complicated and don't take as much time as capital cases in trial jury selection in capital cases is much more time consuming and expensive 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.
marginal deterrence
added deterrent effect of death penalty over life without the possibility of parole, benefit to society of DP over LWOP
Positive School of Criminology
advocates that the penalty should "fit the offender" instead of the offense
positive school of criminology
advocates that the penalty should fit the offender instead of the offense
How much agreement is required in federal death penalty cases in the finding of an aggravating circumstance? Mitigating?
aggravating=unanimous, mitigating=1
Electronic Monitoring
an offender is placed on an electronic monitor that constantly tracks his or her location
electronic monitoring
an offender is placed on an electronic monitor that constantly tracks his/her location
Shock Probation
an offender serves time in prison, after which he or she is discharged and placed on probation
shock probation
an offender serves time in prison, after which he/she is discharged and placed on probation
Location of states with/without the death penalty
northern and eastern regions are without the DP, southern and western states are more likely to have the DP
Bifurcated Trial
the trial has two stages: the guilt or innocence stage and the punishment stage
Community Service
places an offender in unpaid position with nonprofit or tax supported agencies to perform a specified service
community service
places an offender in unpaid position with nonprofit or tax-supported agencies to perform a specified service
Old Approach to Prisoners' Rights
prisoners had only a few rights because they are incarcerated
old approach to prisoners' rights
prisoners had only a few rights because they are incarcerated
New Approach to Prisoners' Rights
prisoners have the same rights as people in the free world, except those rights can be denied to them for justified reasons
new approach to prisoners' rights
prisoners have the same rights as people in the free world, except those rights that can be denied them for justified reasons
bifurcated trial
the trial has two stages; the guilt or innocence stage and the punishment stage
specific deterrence
the view that criminal sanctions should be so powerful that offenders will never repeat their criminal acts
decision in the US Supreme Court in Powell v Alabama
capital defendants who cannot afford lawyer will be appointed council the Court held that in capital cases, state trial courts have an obligation under the Fourteenth Amendment to appoint counsel.
what is the third element to the deterrence theory?
celerity;
how are the three elements that make up deterrence theory directly related to the administration of capital punishment?
certainty of punishment related by increasing the likelihood of apprehension and punishment which may have a deterrent effect. the severity of punishment refers to how harsh the punishment for a crime will be and the swift or celerity refers to how quickly an individual is punished after committing a crime
what is the first element of the deterrence theory?
certainty:
During voir dire describe the two way potential jurors can be excluded from serving on a jury
challenge for cause and peremptory challenges
describe and compare the two primary theories of female sentencing and punishment
chivalry hypothesis: evil woman hypothesis:
Special Conditions
conditions to meet the special needs of an offender
special conditions
conditions to meet the special needs of an offender
What are the grounds for granting clemency?
mental illness of the defendant a co-defendant who was given a lesser sentence, and evidence that the defendant may have been wrongly convicted.
Fine
monetary punishment
fine
monetary punishment
Concurrent Sentence
sentences served at the same time
concurrent sentence
sentences served at the same time
Strickland v. Washington (1984)
defendants in capital cases have the right to representation that meets an "objective standard of reasonableness" Supreme Court held that defendants cannot prevail on ineffectiveness claims unless they prove both defective performance by their attorneys and legally cognizable prejudicial effect on the relevant outcome. Attorney performance is not defective unless, based on what the attorney knew or should have known at the time, his actions were "outside the wide range of professionally competent assistance."8 No matter how poor the attorney's performance was, prejudice-defined as a "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been
general deterrence
deter the general population through punishment
Woodson v. North Carolina (1976) Constitutional Question
did the mandatory death penalty law violate the eighth and fourteenth amendment?
Sentencing Disparity
different sentences given for similar crimes committed under similar circumstances
sentencing disparity
different sentences given for similar crimes committed under similar circumstances
leading cause of wrongful convictions. what can be done to reduce its impact?
eyewitness misidentification and 1. The "Double-blind" Procedure/Use of a Blind Administrator: A "double-blind" lineup is one in which neither the administrator nor the eyewitness knows who the suspect is. This prevents the administrator of the lineup from providing inadvertent or intentional verbal or nonverbal cues to influence the eyewitness to pick the suspect. 2. Instructions: "Instructions" are a series of statements issued by the lineup administrator to the eyewitness that deter the eyewitness from feeling compelled to make a selection. They also prevent the eyewitness from looking to the lineup administrator for feedback during the identification procedure. One of the recommended instructions includes the directive that the suspect may or may not be present in the lineup. 3. Composing the Lineup: Suspect photographs should be selected that do not bring unreasonable attention to him. Non-suspect photographs and/or live lineup members (fillers) should be selected so that the suspect does not stand out from among the other fillers. Law enforcement should select fillers using a blended approach that considers the fillers' resemblance to the description provided by the eyewitness and their resemblance to the police suspect. (More detailed recommendations can be provided upon request by the Innocence Project.) 4. Confidence Statements: Immediately following the lineup procedure, the eyewitness should provide a statement, in his own words, that articulates the level of confidence he or she has in the identification made. 5. The Lineup Procedure Should Be Documented: Ideally, the lineup procedure should be electronically recorded. If this is impracticable, an audio or written record should be made.
Aggravating factors
factors in the murder that increase the likelihood of a defendant getting sentenced to the death penalty
Mitigating factors
factors that lessen the chances of a defendant being sentenced to death penalty
Wiggins v. Smith
failure of counsel to prepare and present mitigating evidence after telling the jury that would hear it, was deemed ineffective assistance of counsel in violation of 6th Amendment.
Court cost
fees, charge the defendant, that are designed to pay for the operating expenses of the court system.
which states have the greatest number of death row exonerations?
florida (29) illinois (21)
Give 3 examples of types of fictive kin from the book Hidden Victims (1 point each)
friends, penpals, marriages
due process
fundamental fairness
Types of deterrence
general, specific and marginal
Sentencing Guidelines
guidelines that provide structure for judges by specifying the sentencing range that should be imposed for offenses
sentencing guidelines
guidelines that provide structure for judges by specifying the sentencing range that should be imposed for offenses
certainty
have to know for sure they committed the crime
Examples of mitigating factors
no prior charges, mental disability, being a minor at the time of the murder, accomplice to a murder, and others that can be considered by the jury
Consecutive Sentence
sentences served one after the other
decision in ring v arizona
holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty.
specific deterrence
incapacitation, ensure through punishment, that particular individual will not commit the crime again
List five sources of wrongful convictions and give an example of each source from lecture, videos readings assignment or group discussion.
ineffective assistance of counsel, prosecutor misconduct, unconstitutional jury instructions, and judge/jury bias (witness Perjury)
Methods of execution
lethal injection, electrocution, gas chamber, firing squad, hanging
Demographics on death row
majority of people on death row are middle-aged white men
publicity
make it known to the public what the crime is
Incarceration
mandatory confinement in a facility that limits the ability to move around as the person wishes.
Capital punishment
punishment by death. It is also referred to as the death penalty.
severity
punishment has to be severe for the crime
What is retribution?
punishment inflicted on someone as vengeance for a wrong or criminal act "eye for eye"
what was the purpose of the antiterrorism and effective death penalty act of 1996? what restrictions did it place on appeals?
purpose was to fight terrorism by cutting off the financial support funneled of terrorist acts. The act was in response to general dissatisfaction with the law of habeas corpus and therefore brings major modifications to habeas corpus law as used to challenge criminal convictions
reprieve clemency
reprieve is given to suspend the execution of a sentence in order to give the prisoner time to find ways to have it reduced. With respect to capital cases, a reprieve is given to suspend the execution of the death penalty for a period of time to consider whether or not it should be imposed.
What types of clemency are given?
reprieve, a commutation of sentence, or a pardon.
What are the most common reasons for granting clemency?
retardation, mental illness, doubts of guilt, equitability of punishmements
What rights are outlined by the 6th amendment?
right to a speedy and public trial right to be informed of accusations right to confront witnesses right to have effective council
which case forbids the imposition of the death penalty on offenders under the age of 18?
roper v simmons
intermediate sanctions
sanctions that less severe and less costly than prisons, but more restrictive than traditional probation
Blended Sentencing
sentences given to juveniles that combine juvenile and adult sentences
blended sentencing
sentences given to juveniles that combine juvenile and adult sentences
what was the decision in the US Supreme Court in the famous Gideon v. Wainwright(1963) case?
states are required under the Sixth Amendment of the U.S. Constitution to provide an attorney to defendants in criminal cases who are unable to afford their own attorneys.
what is the brutalizations hypothesis?
states that the death penalty lessons peoples respect for life and as a result lowers their inhibitions to kill which inadvertently leads to an increase in homicides
celerity
swiftness in the process
Commuting a Sentence clemency
takes place when the sentence, generally one of imprisonment, is reduced to a lesser penalty or jail term. This type of clemency does not void the conviction.
Forfeiture
taking away the property of an offender without compensation
forfeiture
taking away the property of an offender without compensation
What is deterrence?
the attempt to discourage criminality through the use of punishment
Jail
the facility controlled by a local governmental authority to hold criminal defendants awaiting trial and offenders convicted in state court of misdemeanors.
Sentencing
the formal pronouncement of punishment following conviction in a criminal prosecution
sentencing
the formal pronouncement of punishment following conviction in a criminal prosecution
Fine
the monetary penalty imposed upon a defendant as punishment for committing an illegal act.
Parole
the prisoner is released before the end of his or her term, but subject to supervision by a parole officer
parole
the prisoner is released before the end of his/her prison term but subject to supervision by a parole officer
Intensive Probation
the probationer is supervised more closely than in regular probation
intensive probation
the probationer is supervised more closely than in regular probation
Retribution
the punishment must fit the crime, the defender deserves to be punished, the offenders should receive just what they deserve and no more (just deserts)
what does the court decide during a direct appeal?
the standard process of appealing a conviction the court decides the 1) upholding of a sentence by a lower trial court or 2) vacate the sentence for case to be reheard
how have non-profit and legal organizations attempted to combat the problem of ineffective legal representation in capital cases? what improvements have been made?
they have set safeguards and procedures for the defense of capital cases in order to ensure high quality legal representation for all persons facing the possible imposition or execution of a death sentence by any jurisdiction. GUIDELINE 2.1 - ADOPTION AND IMPLEMENTATION OF A PLAN TO PROVIDE HIGH QUALITY LEGAL REPRESENTATION IN DEATH PENALTY CASES
Gregg v. Georgia (1976) Constitutional Question
unconstitutional?
Gregg v. Georgia (1976) Outcome
voted 7-2 that capital punishment does not invariably violate the constitution
Form of guidance for IN
weighing
define judicial override
when a judge overrides a jury's determination
What does habeas corpus mean?
you shall have the body
Percentage women & juveniles
youth were 2% of executions, women are 3% of executions, 87% prior to 1866
Traditional Eyewitness Identification Practices - And Problems
• In a standard lineup, the lineup administrator typically knows who the suspect is. Research shows that administrators often provide unintentional cues to the eyewitness about which person to pick from the lineup. • In a standard lineup, without instructions from the administrator, the eyewitness often assumes that the perpetrator of the crime is one of those presented in the lineup. This often leads to the selection of a person despite doubts. • In a standard lineup, the lineup administrator may choose to compose a live or photo lineup where non-suspect "fillers" do not match the witness's description of the perpetrator or do not resemble the suspect. This can cause the suspect to stand out to a witness because of the composition of the lineup. This unintentional suggestion can lead an eyewitness to identify a particular individual in a photo array or lineup. • In a standard lineup, the lineup administrator may not elicit or document a statement from a witness articulating their level of confidence in an identification made during the identification process. A witness's confidence can be particularly susceptible to influence by information provided to the witness after the identification process. Research shows that information provided to a witness after an identification suggesting that the witness selected the right person can dramatically, yet artificially, increase the witness's confidence in the identification. Therefore it is critically important to capture an eyewitness's level of confidence at the point in time that an identification is made.
WHAT IS PLEA BARGAINING?
•An agreement in a criminal case in which the defendant agrees to admit guilt in exchange for a reduced sentence •Requires defendants to waive three rights protected by the Fifth and Sixth Amendments: •Right to a jury trial •Right against self-incrimination •Right to confront witnesses •The U.S. Supreme Court has repeatedly rejected arguments that plea bargaining is unconstitutional. •Defendants' guilty plea must be "voluntary"
TROY DAVIS: Executed in Georgia in 2011
•Convicted of killing an off-duty police officer in Savannah in 1989. •7 of 9 trial witnesses recanted their testimony claiming it was coerced by the police. •Sylvester "Redd" Coles confessed to the killing •Gun never found but ballistic evidence linked bullets found at scene to
CAMERON WILLINGHAM: Executed in Texas in 2004
•Convicted of murdering his 3 children by arson in a 1991 house fire. •A report from the Texas Forensic Science Commission concluded that the original investigation of Willingham's case was seriously flawed and could not support
Herrara v. Collins
•Convicted of shooting 2 police officers in the head in Texas. •He claimed his brother was the actual shooter. •The U.S. Supreme Court held that the inmate's claim of actual innocence based on newly discovered evidence, absent a constitutional violation, was not grounds for federal habeas corpus relief. •The function of federal habeas courts is not to correct errors of fact, but to ensure that individuals are not imprisoned in violation of the Constitution. •A proper remedy for claim of actual innocence based on new evidence would be not federal habeas relief, but rather clemency.
What is death qualification?
•Excluding a juror from a case on the grounds that the juror's opposition to the death penalty would prevent him/her from making an impartial decision in the case •Witherspoon v. Illinois (1968): U.S. Supreme Court established the standard by which prospective jurors could be constitutionally excluded from service on capital juries •Juror could be excluded if that juror would never impose the death penalty •Juror would have to make it "unmistakably clear" that they would "automatically vote against" the death penalty before they could be excluded for cause
WRONGFUL CONVICTIONS FACTORS
•Eyewitness (Mis)identification - confusion or faulty memory •Official Misconduct - by both the police and the prosecution •Perjury and False Accusations •Junk Science - mishandled evidence or use of unqualified "experts" •Snitch Testimony - often given in exchange for a reduction in sentence •False Confessions - resulting from mental illness or disability, police mistreatment
what are private prisons? what is their purpose? how many people are incarcerated in private prisons?
•First private prison was opened in 1984 in Tennessee •Privately owned but under contract to the government ●CoreCivic, formerly the Corrections Corporation of America •Operated & managed by private corporations for profit ●Based on a business model •Solution to prison overcrowding & high cost of incarceration •If prisons are built, they will be filled 8-9% people incarcerated in private prisons
describe the three types of responses to assist the wrongfully convicted upon release?
•Lawsuits require the wrongfully convicted to hire an attorney to file a claim •Readjusting to civilian life can be difficult. •Exoneree may not want to enter a courtroom again and lawsuits are inadequate because they do not compensate victims for mistakes made in "good faith." •State legislation assumes compensation is a discretionary action rather than an obligation of the state government. •Private donations rarely achieve the amount necessary to cover or sustain the costs of integration.
what is life qualification?
•Morgan v. Illinois (1992): Court granted the right to life qualify prospective jurors •Question prospective jurors about their ability to vote for a sentence of less than death •Capital jurors who are convinced of a defendant's guilt must still be able to consider a lesser sentence, such as LWOP •Those who cannot are known as Automatic Death Penalty Voters (ADPs)
SOUTHERN CENTER FOR HUMAN RIGHTS
•Nonprofit organization •Founded in 1982 •Provides legal representation to people facing the death penalty •Represents individuals on death row at trial, on appeal, and in the post-conviction review process
EQUAL JUSTICE INITIATIVE
•Nonprofit organization •Founded in 1989 •Provides legal representation to indigent defendants and inmates •Litigate on behalf of: ◦death row prisoners ◦juvenile offenders ◦people wrongly convicted of crimes ◦poor people denied effective representation
PLEA BARGAINING IN CAPITAL CASES
•Plea bargaining tool •The possibility of a death sentence increases the likelihood of a plea bargain •Ohio: 55% of capital indictments ended in pleas •Georgia: 2 out of 10 death noticed defendants did not pursue a trial
characteristics of females on death row
•The ages of the women on death row range from 28 to 79 years old. •61% are White •21% are Black •13% are Latina •3% are Asian •2% are Native American
what is the THE LIFE AFTER EXONERATION PROGRAM
•The only national organization dedicated to helping survivors of wrongful conviction re-enter society and rebuild their lives. •Works to ensure that exonerees have access to needed services •Face serious challenges in employment, housing, financial resources, support systems, and access to medical, psychological and dental care. •Exonerees are often freed from prison without an apology, and left to fend for themselves. •Supports policy reform on behalf of the exonerated
what are the two theories of female sentencing punishment?
•Theories of criminal behavior and sentencing/punishment focus on male offenders •Chivalry hypothesis: gender role stereotypes identify women as weaker and more passive than men •Less capable of self-sufficiency and in need of more protection than males •Used to explain the more lenient treatment of female offenders by the criminal justice system, as well as the more severe treatment of male offenders who victimize females •Evil woman hypothesis: sentencing is harsher for women who are committing crimes that are outside there gender roles
describe the history of the juvenile death penalty in the US. include the three important US Supreme Court decisions. Which case forbids the imposition of the death penalty on offender under the age of 18?
•Thompson v. Oklahoma (1988): Court held that executions of offenders age 15 and younger at the time of their crimes are prohibited by the Eighth Amendment. •Stanford v. Kentucky (1989): Court held that the Eighth Amendment does not prohibit the death penalty for crimes committed at ages 16 or 17. •In 2003, Kentucky Governor granted clemency to Kevin Stanford, commuting his death sentence to life in prison without parole. •Roper v. Simmons (2005): Court held that the Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.
