The United States is one country that still has the death penalty. A lot of countries don’t allow it anymore and the ones that do execute mostly with hangings and shootings. Some countries won’t extradite criminals to the United State if they face the death penalty because they think it is against human rights. Also countries will donate money or legal aid to their citizens who face the death penalty in the United States. It is shocking that for how many are put on death row very few actually make it to the chamber because they die of natural causes before they get there. I also found it interesting that in a ten year span 1461 people were sentenced to death and 570 were actually executed. Most of the states in the America use lethal injection, but some do have the choice of lethal gas chamber, electrocution, hanging, or a firing squad.
The death penalty has been discussed seriously since 1972 where they it was unconstitutional but didn’t know why. This than adapted the laws on the death penalty and would continue to be adapted till present day. In 1976 it was decided that there would be two phases to the sentencing of a criminal this is called bifurcated proceeding. The guilt of the defendant is established in the first trial and the decision to whether or not he was put on death row or not. The second trial is called the penalty phase. The jury was then told to weight the aggravating factors and the mitigating factors. The aggravating factors would lead to death row while the mitigating factors would lead to life in prison. The next step in adapting the laws came in 2002 where they decided that mentally ill prisoners couldn’t be executed. Shortly after this law came the law that the judge couldn’t decide if the defendant was executed or sentenced to life in prison. Three years after these laws came the law that said no juvenile offender shall ever get the death penalty. In 2008, the debate to whether or not a child rapist would receive the death penalty was settled with the result of no unless the victim was killed.
Death qualification is a process followed for the jury. Jury members who are not willing to vote for the death penalty for any reason are excused from being a jury member because they would be a biased member of the jury. This can cause problems though because jury members who are death-qualified are more likely to convict the defendant. Another reason that this process can be a problem is because the jury members think that both the prosecutor and defense already think that the client is guilty. This leads the jury members to believe he is guilty before the trial even begins.
The penalty phase causes a lot of confusion on the jury because they think that if they find any aggravating factors that they have to say the person should go to death row. Also they aren’t sure if the defendant will receive parole or if it will truly be a life in prison sentence. Jurors are unsure at how to weigh the aggravating and mitigating factors. If these definitions are not cleared up for the jurors, than they may fall back on their prejudices and preconceptions to make the decision as to whether the criminal lives or dies. In a mock trial experiment they found out that jurors will change their opinion as to whether the criminal deserves the death penalty based on race and instructions.
Racial discrimination has lasted since the beginnings. Even after laws are changed people still have their stereotypes about different races. In the book it says that blacks who supposedly raped white women were 18 times more likely to be put to death. Race plays a part in the entire legal process. Blacks are more likely than whites to be charged with capital murder, and once they are convicted they are more likely to get the death penalty sentence. Black people get the worst of the legal process because they are seen with bad stereotypes. Also black victims don’t get as much help or justice as white victims.
Executions started out extremely gruesome, slow, and public because it was thought that this would help to deter people from committing crimes. They treated executions like festivals where everyone would come to watch the criminal die. There has been a lot of research done on the deterrence of the death penalty, and as of now the death penalty doesn’t have any effect on deterring people from crime. Some researchers have found that murders increase in the days following an execution; this is called the brutalization effect. The main reason that the death penalty doesn’t deter crime is because people aren’t thinking when they murder someone because most murders are because of passion, fear, jealousy, rage, or hatred. Another reason is because the death penalty is given to about 1% of the criminals, so the chances of actually receiving the death penalty are very slim.
There are errors in our legal system if we like to admit it or not. In a study about the capitol cases in the United States it was found that 68% of death sentences were reversed because something was incorrect, and of that 68%, 82% got a lesser sentence and 7% got non guilty. This can happen because of many reasons. Some of those reasons are as follows: incompetent defense lawyers, faulty or misleading jury instructions, and various forms of prosecutorial misconduct. It has been found that since the 1900 419 innocent people were put to death. Most of these were because either police messed up, prosecution messed up, or there was faulty witness information. A new big development with death penalty cases is that DNA evidence is being used to get people who are innocent off of death row.
Our system is flawed and it does cause innocent people to be killed, but is that okay seeing as so many bad criminals are killed too?
The death penalty is one of the most debated topics in our country today. Thirty-five States allow the death penalty within their borders. Although 70% of States allow the death penalty for certain crimes committed, executions rarely occur. Even in the states that allow the death penalty only will execute someone for an aggravated murder. Of all the murders that occur, only 1% of the murderers get executed. Luckily (or unfortunately depending on your own views), Iowa is not a state that allows the death penalty. Aggravated murder can include murder for hire, murder of multiple persons, murdering an officer of the law, murdering a child, and committing a murder during another murder. One thing that was very interesting about this chapter was that it listed the states and their method of execution. Many of the states listed used lethal injection. Some states allowed the prisoner to choose between lethal injection and electric chair. The interesting part about this was that Oklahoma and Utah still use a firing squad if the lethal injection is found to be unconstitutional. Also, New Hampshire still hangs people which I find to be a bit disturbing.
The decision to pursue the death penalty is based on a few factors. Aggravating factors are factors that support the death penalty. Mitigating factors on the other hand are factors that support a life in prison in contrast to a death penalty. These are factors that take the blamefulness off of the defendant. Also, there are often times issues that arise with the death penalty because of errors. Sometimes innocent people are executed. In a study of all the death penalty sentences from 1973 to 1995 they found that 68% of the sentences were later changed because of errors. 82% of those of which that were reversed ended up getting a lesser sentence than then the death penalty. 7% of the cases that were overturned ended up getting a “not guilty” verdict. For me, this raises a huge red flag. If there are all these people that are getting a not guilty verdict after the fact, what about the people who were innocent that didn’t get the “not guilty” verdict? In a huge study Hugo Bedau and Michael Radelet found that 416 people were wrongfully convicted and sentenced to death. Larry Griffin (executed 1995), Ruben Cantu (executed in 1993), and Todd Willingham (2004) were some of these people who were unfortunately wrongfully convicted and executed. The book did not go into a lot of detail about the cases of these men, but it said to research their cases and decide for ourselves.
The first man is Larry Griffin who was convicted in 1981 of a 19 year old named Quinton Moss. Griffin sat on death row until 1995 when he was executed in Missouri. He maintained his innocence until he died. New evidence can now clear Larry Griffin’s name. The first police officer at the scene of the crime now says that the first eye witness’ information was false, even though he testified with this information in court. A second eyewitness at the crime, that was actually injured by the shooting said that he was never contacted by the prosecution or the defense, and the eye witness that testified at the trial was NOT actually at the scene. So, obviously some errors led to the wrongful conviction of Larry Griffin. Here is a few websites with even more information about Larry Griffin:
A final interesting fact that this chapter taught me was that if you are facing the death penalty in the United States many countries will not allow you to be extradited. The reason for this is because many countries to do agree with the United States in their decision to continue executing criminals for murders. Although I am not really on one side completely on this issue, I would probably say that overall I am more against the death penalty than I am for it. After reading this chapter, I realized that there are a lot more innocent people are executed than I thought. The problem with this is that if you are in prison and found to be innocent, you are able to be released. If you are found innocent after you’ve been executed, there is really nothing than can be done for you.
Here is a pretty cool article about France not extraditing because of the death penalty. Basically, if the country suspects that the prosecution might seek the death penalty, then they will not extradite and you will be able to stay in that country.
Chapter 17 from the text book was about the death penalty. I have learned a little bit about the death penalty in other classes but after reading this chapter I learned a lot of knew information. The chapter started off by giving a little information on where the death penalty stands now in many other western democracies. It stated that most western democracies view the death penalty as a violation of human rights. I most of the western democratic countries it has been abolished. Some examples of countries that have got rid of it include Canada, Mexico, Australia, New Zealand, all of the countries in Western Europe and most of the countries in Central and South Africa. What I got from this opening part was that the United States was one of the few western democracies that still use the death penalty.
In the United States the death penalty is rarely used from what I have learned in other classes. This Idea was brought up in this chapter. I read that 35 states, the federal government and the U.S military allow the death penalty. Though these different levels of government use it, they rarely use it. In years where the death penalty is often used, only 1% of murderers are executed. What I found to be really interesting is that there are over 3300 people on death row and most of them will eventually die of natural causes before being executed. Maybe the lack of following through on executions plays a role in why the death penalty does not deter people from committing crimes. Most people put on death row are there for murders and other serious offenses and if the death penalty were to deter people from doing these things the rates should be lower. After reading I found this not to be true. What is sort of shocking is that studies show that state that have the death penalty actually have higher rates of these serious offenses than those who do not. This is really interesting and I can’t really come up with an explanation for this.
The textbook went on to talk about another idea of why the death penalty may be ineffective. I learned that our system of capital punishment often has mistakes and errors. Often those who have been convicted of a major crime and sentenced to death often get there sentence reversed. On major study looked at capital cases from 1973 through 1995. They found that 68% of cases were reversed because of errors at trial. Adding on to this, Of that 68% reversed, 82% were given lesser sentences than the death penalty and 7% were found not guilty of the crime they were sentenced to death for. The book explained that most of the convictions are over turned because of incompetent defense lawyers, misleading jury instructions, intimidation of evidence and suppression of evidence. Sadly, this misconduct of the court can lead innocent people to be sentenced to death or imprisoned for life. Hugo Bedau and Radelet noted that there have been 416 wrongful convictions that led to a death sentence sense 1900. In 23 of these cases the person was actually executed. This is awful, our system has killed 23 people because of their mistakes.
Also what I thought was interesting to read about were the methods used to complete the execution. I noticed that the most used method is lethal injection as I would say about 90% of the states use that. The substance used in lethal injections is sodium pentothal. But there were other methods that include electrocution, and before 1994 if you were convicted you could be put to death by lethal gas. Interestingly, in Oklahoma if both lethal injection and electrocution are found unconstitutional then the firing squad method will be used.
The death penalty is by far one of the most controversial topics in American society today. Views on the topic are varied, but when it comes down to it, it is often a question of morality and constitutional rights. I was surprised to learn that America is one of few Western societies that still practices the death penalty. According to the chart given in the chapter, for the states who use the death penalty, lethal injection is the most common method of execution, though prisoners are sometimes given the option of another method such as electrocution, hanging, or firing squad. The Supreme Court has dealt with cases regarding the constitutionality of the death penalty for many years. In the end, discretion regarding the death penalty is first left up to the states for if they want it to be an option and then to jurors who decide the influence of aggravating and mitigating factors. Aggravating factors generally support the sentence of the death penalty, while mitigating factors lead more to life sentences because while they don’t make the crime okay, they make the circumstances surrounding the crime seem less serious. It was sad that while jurors are supposed to give out sentences that mean the difference between life and death, they don’t always understand the task at hand. Judges give vague instructions to jurors who are expected to interpret them to make an appropriate ruling. Often, however, jurors don’t understand what they are supposed to be basing their decision on and they end up using previous experiences and biases to make a decision.
I was shocked to find out that it wasn’t until 2002 that death sentences were no longer to be given to mentally retarded individuals. It seems ridiculous that mentally retarded prisoners had previously been held fully responsible for their actions to the point of being executed for their crimes. I also didn’t know that it wasn’t until 2005 that the possibility of a death sentence for juveniles was revoked. These different circumstances all simply blur the lines of the death penalty and what is and is not okay. Research that has been done on trials for capital punishment, jurors, and statistics of the turn outs of these cases provide some very interesting insight into how the system is working. Jurors for capital murder trials go through a selection process that is much more focused than what a juror on any other trial would go through because of the seriousness of the crime. Attorneys have to gauge a juror’s willingness to at least consider the death penalty as a form of punishment; up to 40% of potential jurors are excluded because of this. In the end, the jurors who are left are considered to be death-qualified because they will consider death as a punishment. Research shows, however, that these jurors are more likely to convict and individual which could be an effect of being death-qualified. Racial disparities have also been shown through research of the death penalty. Many more blacks than whites are convicted, especially in cases of rape. With both jury selection and the data that shows that more blacks than whites are convicted, I think social and behavioral psychology both play a role. I think it is very interesting to learn that those individuals who are death-qualified are more likely to convict; it would be interesting to see how the jury worked out their decisions and how they interacted with each other to make such a big decision.
Another interesting topic brought up in this chapter regarded the purpose of the death penalty and if it successfully achieves its goals. Statistics show that death penalty as a form of deterrence isn’t actually effective because those states which don’t have the death penalty actually have lower murder rates. It is hypothesized that this could be because the death penalty influences an individual’s view of violence and makes the individual less sensitive to violence. Psychology plays a pretty big role here because of people’s behaviors in social environments. Anyone interested in psychology probably looks at those statistics and wonders what could be happening in the minds of those criminals and what other influences are making murder rates higher in states with the death penalty. One would think that the idea of the death penalty as a possible punishment would provide conditioning to criminals to keep them from killing people, but the data simply shows otherwise.
One of the biggest counterarguments to the death penalty is that many innocent people have been convicted but later proven to be innocent because of the use of new technology or other evidence. Many people have been freed because of DNA evidence that brought to light their innocence and proved other evidence, like eyewitness testimony, to be wrong.
This website provides some very interesting information about the death penalty and what is currently going on around the country. It gives information about racial disparities and conviction statistics. It also has information about current research surrounding capital murder trials and talks about Connecticut’s recent repeal of the death penalty as a form of punishment. This is a very useful website with many resources and even state specific information about the death penalty. http://www.deathpenaltyinfo.org/state-info-link
Chapter 17 is about the death penalty. I was very surprised by the introduction to the chapter. It says that in most Western democracies, the death penalty is not looked highly on, and is not used. In countries where the death penalty is still used, hanging, shooting, and beheading are widely used. This really surprised me because I think of those methods as outdated. Methods such as the electric chair, gas chamber, and lethal injection are only used in the United States. Most prisoners on death row will die of natural causes before they are executed. This whole introduction really blew my mind. I had no idea that the death penalty were only used in a limited amount of places, I did not know that the methods used in the U.S. are only used here, and I also was unaware of how rare executions are!
There has been a long debate about whether or not the death penalty is unconstitutional. Many people believed that the way it was being permitted in 1972 was unconstitutional. Because of this, a series of reforms were approved which guide the discretion of the jurors. If the defendent is found guilty of capital murder, the sentence is decided in a penalty phase. All death sentences are also reviewed by the state supreme courts. After the penalty phase, jurors are asked to look at aggravating factors and mitigating factors. In 2002, there was a ruling put forth that stopped the execution of mentally ill prisoners. Shortly after this ruling, another ruling was made declaring that it is unconstitutional for judges to decide if a sentence should be life in prison or death. The jury is the only body able to do this. Rulings were also made that juvenile offenders cannot receive the death penalty. In 2008, it was decided that if a child is raped, the rapist can only receive the death penalty if the victim dies.
There has also been a history of racial disparities in regards to the death penalty. Before the Civil war, there was a set of laws called the "black codes." These laws regulated the behavior of blacks in the south. Between 1930 and 1967, of 455 men that were executed for rape, 89% of those men were black. This could be because the rape of a black woman was not considered a crime. Black defendants are more likely to be charged with capital murder than white defendants are, black defendants are more likely to be senteced to death, and are more likely to be executed. Black inmates who are convicted of killing white victims are much more likely to actually be executed than any other race. Almost half (43%) of prisoners on death row are African American.
An additional side of the death penalty is the belief that it will deter murder. This is actually not the case, and states that have the death penalty as an option have much higher rates of homicide than states that do not offer the death penalty. The brutalization effect shows that when executions are done, there is a slight rise in the number of murders. It is higher for publicized executions.
A freightening part of the death penalty is that there may be errors or mistakes made in the trial. Looking at cases between 1973 and 1995, 68% of death sentences were reversed because of serious errors during the trial. 7% of these cases when reversed ended up being found not guilty of the crime. In a study of wrongful convictions, it was found that 416 people since 1900 were wrongly convicted of murder and sentenced to death. 23 of those case analysis show that it may have been the case that an innocent person was executed. One of the most important developments in regards to the death penalty is the use of DNA evidence to prove innocence. However, in most murder cases, biological evidence is not available. I find this to be so terrifying that an innocent person may not only be convicted, but they may also be sentened to death.
http://www.deathpenaltyinfo.org/documents/FactSheet.pdf
This website gives information about the death penalty. It says that Florida pays $51 million over what it would cost to give all first degree murderers life without parole. A study in North Carolina found that the death penalty costs this state$2.16 million per execution over the costs of sentencing murderers to life imprisonment. It also says that in 2009, police chiefs ranked the death penalty last among ways to reduce
violent crime
Chapter 17 focuses on the death penalty. The death penalty is not used in many other countries of the world who view it as a violation of basic human rights but the death penalty is still put to use in the United States. Executions are rare in the 35 states that use the death penalty. Most prisoners on death row will die of natural causes before they are executed. Aggravated murder is the only crime that can lead to a death sentence. Murder of a police officer, murder of a child, murder for hire, murder of more than one person, and murder while committing another felony are all crimes that fall under the category of aggravated murder.
In the case of Furman vs. Georgia the Supreme Court ruled that capital punishment was unconstitutional but did not rule out the use of it. Legislatures then redesigned sentencing procedures by limiting the discretion of jurors. Guided discretion statues were formed whose purpose was to make a capital murder trial a two part phase, guilt is the first phase and if found guilty the sentence is determined by the penalty phase. The jurors in the penalty phase are instructed to weigh the aggravating factors and the mitigating factors.
More controversial cases that deal with the Eighth amendment (ban on cruel and unusual punishment) have placed limits on the death penalty. Atkins vs. Virginia made it unconstitutional to sentence a mentally retarded prisoner to death. Ring vs. Arizona made it unconstitutional for judges to sentence a murderer to death or life imprisonment, a jury is now responsible for that. Juvenile offenders are safe from the death penalty after the Roper v. Simmons case.
Jurors who have beliefs that would “substantially impair” their capability to evaluate and sentence someone to death are omitted during the voir dire process in a capital murder trial. With the elimination of non-death qualified jurors this leaves a jury who are more likely to have a guilty verdict and sentence the defendant to death. When faced with questions about their beliefs on the death penalty jurors are already anticipating a death sentence because they think why else would they be asking me that? The research on death qualification was not enough for the Supreme Court to prohibit states from death-qualifying juries.
Research has shown that the best predictor of a death sentence is the race of the offender along with the race of the victim. Black males found guilty of raping white women are 18 times more likely to be sentenced to death than any other race combination. Numerous statistically information that points out racial disparities of death sentences was presented to the Supreme Court but to no avail. The justices said that some unfairness is inevitable because discretion is part of capital punishment, thus rejecting the research on racial disparities.
There is no credible research that provides evidence that the death penalty deters murderers. Rather there is research that shows that executions create a small increase in murders shortly after an execution. The execution may be desensitizing people to killing and relaying the message that killing is justifiable when provoked.
Gary Graham was convicted of shooting man in a parking lot during a holdup on eye witness testimony from a woman who said she saw him through her windshield from across the parking lot. It’s unbelievable that two other witnesses were willing to testify on Graham’s behalf but never did. Jurors heard the testimony and said they would have found him not guilty if the witnesses had testified. In 2000 Graham was executed.
http://www.capitalpunishmentincontext.org/cases/graham
This website goes into more detail on the Gary Grahm case. At age 17 he raped a 57 woman and was arrested for that crime as well as 10 counts of aggravated robbery that he plead guilty to. He was linked to the murder in the parking lot because he used a .22 for his crimes and that was the same kind of weapon used in the parking lot murder.
Chapter seventeen is all about the death penalty. The United States is one of the few countries left that still use this method. It is employed in 35 US states. Aggravated muder is the only crime punishable by death. And less than one percent of these murderers are executed. Aggravated murder can be any of the following: murder for hire, murder of more than one person, murder of a police officer, murder of a child, and murder during the commission of another felony. The Furman v. Georgia case prohibited the way the death penalty was carried out. In 1976 there were reforms made to guide the discretion of jurors. The guided discretion statutes that if someone is found guilty of murder it will be a two phase proceeding. In the first phase the guilt is decided and in the second phase the penalty. After the penalty phase jurors weigh characteristics of the murder and murderer that support a death penalty vs. characteristics that support life in prison. These are called aggravating factors (support death penalty) and mitigating factors (support life imprisonment). Jurors take these into account along with future behavior and the impact the death of the victim had on others. In 2000 it was decided that there would no longer be death sentences for mentally retarded prisoners. Soon after it was decided that judges are no longer allowed to decide if someone should receive the death penalty or life in prison, this is up to the jurors. Next the Court decided against the death penalty for juveniles. Because their decision making and impulse is not fully developed yet. Someone cannot be executed for rape unless the victim dies. Death qualification is used to determine how willing potential jurors are to voting for the death penalty if voted guilty. If someone is not willing to vote for this they will be excused from capital jury, which is about thirty to forty percent of people. Death qualification also has an impact on the attitudes of the jurors towards the defendant. Death qualified jurors are more receptive to aggravating factors and less to mitigating factors. This was seen in Andrea Yates case, which was used to get jurors more likely to come to a guilty verdict. When it comes to the penalty phase jurors are instructed to weigh aggravating and mitigating factors. This proves to be difficult for jurors because of the unclear definitions of aggravating and mitigating factors. In a study concerning race, sentencing and understanding instructions it was found that these factors did have an impact. In the first study white defendant/black victim forty percent of them voted for death. If its a black defendant/white victim fifty-four percent voted for the death penalty. If the jurors clearly understood the instructions white defendants received death penalty forty one percent and black defendants sixty percent. In the past many black males have been executed for raping white women. Even after blacks and whites were equal under law, this racial disparity continued. Of four hundred fifty five men that were executed between 1930 and 1967, 89% of these men were black. After more research it was found that the race of victim/ race of defendant was the biggest predictor of the death sentence. I found it surprising that blacks convicted of raping a white female were 18 times more likely to receive the death sentence than any other racial combination. Also they are more likely to be charged, convicted, and executed. Blacks convicted were sentenced to death in 22% cases where white only 3%. Discrimination of the death penalty still exists today. The death penalty could be viewed as a deterrent and that murder rates should fall if laws change and now have the death sentence. Findings suggest that it doesn't deter murder. Actually they may increased murder rates. Brutalization effect, increase in murder rates following an execution and stronger when it is high publicized. The theory of deterrence is wrong for several reasons: no evidence people weigh the cost and benefits of the murder before, murderers don't believe they will be put to death, and its not known if being executed provokes more fear than life in prison. In a study of death sentences from 1973 to 1995 68% of the death sentences were reversed because of trial errors. And of the cases retried 82% of the defendants received a lesser punishment. DNA testing should be used to make sure that no innocent people are being sentenced to prison or even death. I wanted to learn more about racial disparities on the death penalty. At this site it says over twenty percent of blacks executed were convicted by all white juries. It costs 35-37% more to have death penalty than life without parole. http://www.deathpenaltyinfo.org/race-and-death-penalty
More than half of the people on death row are colored. In Alabama 65% murder victims are black but 80% of people awaiting execution were for white victims. Blacks make up 27% of alabama population but 63% of the prison population. http://www.eji.org/eji/deathpenalty/racialbias
The chapter discussed the use of the death penalty. Many countries no longer allow the use of the death penalty because it is denying people of their human rights. In the United States 35 states still use the death penalty, along with the federal government an military. They reserve the use of the death sentence to very serious crimes. For example, at the state level a criminal has to be convicted of a capital murder. At the federal level a criminal must have commited treason, espionage, sending bombs through the U.S. mail, etc. The U.S. relies more on technology for exections that any other county. For example, the U.S. uses the electric chair, gas chambers, or lethal injections. Other countires use hanging, beheading, or shooting. What I find interesting is that the majority of people on death row will die of natural causes before being executed.
Many people challenge the use of the death penalty because it is denying people of their constitutional rights. This is why is 1972 the Supreme Court started making changes to the death sentence. Although they did not erase the death penalty it changed how it was being used. After this ruling many state legislatures changed how they were dealing with the death sentence. They started following what is known as the guided discretion. Where a defendant facing a capital murder charge is tried in two hearings. The first one is for the jury to decide if he/she is guilty or not guilty. The second phase, penalty phase, is where they decide what sentence to give the defendant. In the penalty phase the jury is asked to weigh the aggravating factors against the mitigating factors. This proves hard for the jury to actually do. It is difficult because when they are read the direction most of them don't understand what to do. Some believe if there are any aggravating factors they have to rule in favor of the death penalty. When the jury doesn't fully understand the guidelines it leaves them to rely on their own ideas, opinions, and prejudices when coming to a verdict.
Changes have been made against the death penalty over time. For example, in 2002 the supreme court ruled that the death penalty cannot be used on mentally retarded prisoners. Then in 2005 the court ruled juveniles cannot face the death penalty. Then the U.S. turned to the use of lethal injection because the supreme court said, "the method of lethal injection does not inflict unnecessary or wanton pain and therefore it does not violate the Eighth Amendment's ban on cruel and unusual punishment" (p.380).
Another thing to consider are the jury members used in a capital murder cases. They are screened about the use of the death penalty. If potential jurors seem like they will refuse to use or even consider the death penalty they are dismissed. This leaves a jury who is more pro-conviction. Prosecutors tend to use this to their advantage.
Race is another big problem when dealing with the death penalty. Blacks are more likely to be charger and convicted for capital murder; therefore, more likely to face the death sentence. Jurors are more likely to sentence a murderer of a white victim to death than opposed to a murdered of a black victim. Blacks have had a long hard battle with our judicial system. Before blacks were considered equal to whites, they could have been sentenced to death for a crime that a white person would just have to pay a fine for. Even after they became "equal" they have faced huge discrimination when dealing with crims. What I found very surprising and unsettling is that "a black murder whose victim is white is six times more likely to receive a death sentence than a white murderer whose victime is black" (p.383).
People use to think that the death penalty was used a detterent from keeping others from murdering. This is seen as false. Many studies have shown that where death penalties are used there is actually a higher murder rate than areas where it is not used. Some say this occurs because by executing a criminal it may be justifying murder due to provocation.
What I find most troubling about the use of the death penalty is all the errors that occur along with it. For example, out of all the capital murder cases from 1973 to 1995 68% of the death sentences were reversed becasue of serious errors during trial. Not only that, but since 1990 416 people have been found wrongly convicted of murder and sentenced to death. Of those 416, 23 innocent people had been already executed. I find this very troubling because and innocent life was taken for no reason. Although DNA evidence has decreased the number of wrongful convictions, it still makes me wonder how many innocent people are on death row because of other errors in our court system.
I wanted to learn more about the brutalization effect after reading this chapter. From doing further research, studies of capital punishment have consistently shown that homicide actually increases in the time period surrounding an execution. The first study of the brutalization effect was shown in Philadelphia in 1935. Robert Dann's study showed and increase of about 4.4 homicides from each execution. This helps prove the execution is not a deterrent. The website went on and discussed many more studies and scenarios that showed homicide rates increasing in areas who used the death penalty.
Chapter 17 discusses the capital punishment and how it really doesn't help achieve any deterrence in the category of murder. Since the United States has started the rules of executing someone who has committed a crime have changed drastically and probably will continue to change as time goes on. The chapter clearly mentions that states that do not use the death penalty to do not have any higher rates of murder than those states that actually do. I feel that the main point that the chapter was trying to get across is that either the death penalty is wrong or that we really need to take some serious actions in making sure that when we do use it that it is used that way that it is supposed to be used.
Something that really surprised me in the chapter was learning that only a very small number of people who are sentenced to death actually make it the the execution room. I feel like if they aren't going to get executed why would you even sentence them to death in the first place? It also surprises me that even when we can be 100 percent positive that a person really did commit the crime of murder people out there want to make sure that they have a humane death and don't feel any pain. I think that when this is the case no amount of pain in the world that the offender could feel wouldn't even compare to the pain that he/she has caused to who know how many people when they took someone else life away.
One thing that I wanted to find out more about is what type of jury trial is most successful in getting an appropriate verdict as the outcome. Clearly there are a lot of problems when it comes to race and gender and maybe even age with the United States Judicial system and maybe it is time that we look at other methods for finding out if someone is innocent or guilty. From what I can find the thing that would help produce the most accepted forms of punishment in the public eyes is just what we are doing now but making sure the jurors are competent of what they are supposed to be doing needs to be paid more attention to 100 percent of the time and that maybe juries should not get to see trial happen just listen to everything that is said and get to see the evidence to eliminate racial discrimination.
Chapter seventeen included information regarding the history and use of the death penalty. The death penalty has been discussed and revised since the early 1970's to the present day in the United States. The process of bifurcated proceeding was established in 1976 where two separate trials are used to first decide if a suspect is guilty, and then the penalty phase is when the jury will determine between life in prison and death row. To make this verdict, jury members look at two main factors called aggravating and mitigating factors. Mitigating factors lead to life in prison while aggravating factors contribute to death row sentences. Of the 35 states that have the death penalty, criminals who commit aggravated murder are sentenced to death row. Aggravated murder may include killing multiple people, a law officer, a child, or committing murder for hire. However, if a juvenile or insane person commits this crime, the death penalty law has been revised to exclude them from this sentence. Additionally, non-citizens may receive aid from their home country if they are sentenced to the death penalty in the United States.
There are many complications surrounding this topic. One issue is the lack of support. As the book points out, the United States is one of the only countries using the consequence. And within the United States, each state has their own law and even their own method. The most common method is lethal injection; however, some states allow the perpetrator to choose between that and the electric chair. Shockingly, Utah and Oklahoma use a firing squad, which probably has some serious psychological negative side effects for those officers on the squad. The book also points out that New Hampshire has still hung people, which I could not believe.
Other complications involve the jury members' prejudices. They are excused from their duty depending on biases they may have. Moreover, they are easily confused because they are not sure if their vote will actually lead to the death penalty or not (as only 1% of criminals are even given the sentence) or if they will serve a life sentence without parole. During a mock trial experiment, it was discovered that jurors are influenced by and will change their opinions based on race. Studies show that African American criminals and victims receive harsher penalties and less justice respectively.
Mistakes are made within every profession, but it is exceptionally concerning when they happen within law enforcement. 68% of capitol cases had their sentences reversed because of new evidence--usually DNA--coming to the surface. An example provided is of a man named Larry Griffin who was wrongfully convicted in 1981 and killed in 1995 for murder. In this particular case, eye witness testimony proved to be faulty. Even though most of the people on death row end up being on it for so long that they die from natural causes, it is still a mistake we cannot afford (literally) to make.
Chapter 17 is all about the death penalty going into thoughts or views worldwide and some measures to change or prevent the usage of the death penalty. Now there has been a wide discussion whether it is ethical for a government to decide whether or not to take the life of a criminal based on the “seriousness” of the crime.
Now most countries have started to abolish the death penalty. These countries are mostly democracies and they are in the western hemisphere. On that note the United States of America is one of the few who still sentences offenders to death. Most countries don’t agree with the fact that the United States still practices this. What I have learned through my four years at UNI is actually beneficial for reading this chapter. The reason is because I have gone through many studies on this area and what I have found is that the death penalty has so effect on the deterrence of crime. So why would a government implement it.
Now going into further detail there are only a small fraction of offenders, more specifically murderers, who are sentenced to death. Now to dig deeper prisons and incarceration is meant to incapacitate offenders until they are at “no risk” or they serve out the punishment given to them. Now the thing that goes into this statement is that the death penalty is used on those who just simply can’t be rehabilitated back into society. I personally have a biased opinion on the death penalty. When I lived in Louisiana my friend’s mother was killed by a serial killer named Derrick Todd Lee. He was a very disturbing man who needed to be sentenced to death, which he was. I feel that it eliminates monsters from society. But on the same note it needs to be used sparingly and there needs to be 100% of the evidence that backs up that conviction to innocent people don’t die. I would not be surprised if the death penalty was abolished I America simply because only about 35 states currently use it, and to make the European Union happy and on our side.
Chapter 17 is all about the death penalty going into thoughts or views worldwide and some measures to change or prevent the usage of the death penalty. Now there has been a wide discussion whether it is ethical for a government to decide whether or not to take the life of a criminal based on the “seriousness” of the crime.
Now most countries have started to abolish the death penalty. These countries are mostly democracies and they are in the western hemisphere. On that note the United States of America is one of the few who still sentences offenders to death. Most countries don’t agree with the fact that the United States still practices this. What I have learned through my four years at UNI is actually beneficial for reading this chapter. The reason is because I have gone through many studies on this area and what I have found is that the death penalty has so effect on the deterrence of crime. So why would a government implement it.
Now going into further detail there are only a small fraction of offenders, more specifically murderers, who are sentenced to death. Now to dig deeper prisons and incarceration is meant to incapacitate offenders until they are at “no risk” or they serve out the punishment given to them. Now the thing that goes into this statement is that the death penalty is used on those who just simply can’t be rehabilitated back into society. I personally have a biased opinion on the death penalty. When I lived in Louisiana my friend’s mother was killed by a serial killer named Derrick Todd Lee. He was a very disturbing man who needed to be sentenced to death, which he was. I feel that it eliminates monsters from society. But on the same note it needs to be used sparingly and there needs to be 100% of the evidence that backs up that conviction to innocent people don’t die. I would not be surprised if the death penalty was abolished I America simply because only about 35 states currently use it, and to make the European Union happy and on our side.
Before I began reading this chapter, I grew rather excited as this is one topic which I have been rather uninformed about. What I knew about the death penalty was restricted to how the prisoner dies and the prisoner privileges/rights the day of the execution. I also figured the electric chair would still be in use in some capacity, but I see that it is not. Table 17.1 was my favorite section of our reading as it goes into detail state-by-state on methods of execution. I was amazed at just how many states have adopted a strict lethal injection policy when it comes to the method of execution. Go figure that that unique state of California remains one of very few that offer the gas chamber. It was also surprising to find out that hanging is an option in Washington. To be quite honest, if I would have had to guess which state still used the noose, I would have listed 40+ other states before Washington (Texas, 'Bama, & Louisiana to name a few) I suppose as long as these alternate methods are choices to the prisoners, I don't see any of this being a big deal at all.
I had no idea that the death penalty has been abolished in Mexico and Canada. I'm beginning to think that Mexico may in fact need harsher penalties to curb the recent crime surge. Perhaps it's time for them to re-think their death penalty laws. There are way too many innocent civilians getting caught up in the brutally sadistic drug trade. Children are staying home from school for fear of being hurt or killed (getting caught up in crossfire). When incredibly violent criminals know that the worst sentence they can get for ANY crime is life in prison, they can't and won't be stopped. Mexico needs to bring back the death penalty before it becomes a land of lawlessness.
I am a firm believer in eye-for-an-eye justice. A cold-blooded killer belongs in the ground with his victims. I am aware that this is a hardcore stance I am adopting, but there is far too much injustice in today's world. As I stated earlier, if there is not fear of an eternal punishment, then the most vile criminals will thrive. It is appalling that less than 1% of murderers are given the death sentence. I agree that the number should be low. Only the worst of the worst deserve the death penalty. Charles Manson is a prime example of someone who should not be breathing the same air as you and I. He has never had to endure the kind of pain and suffering that his victims and their families and friends still endure to this day. He needs to be held accountable for what he has done in this life.
Some new terminology to me in this chapter included the terms guided discretion, aggravating factors and mitigating factors, death qualification, as well as the brutalization effect. Guided discretion is defined as the use of special instructions and procedures to control the descretion of jurors in capital murder trials. Aggravating factors are circumstances of the crime that increase the seriousness of the offender's crime. Conversely, mitigating factors are circumstances of the crime that lessen the severity of the crime. Death qualification is a process during the voir dire where jurors are asked questions about whether they would vote for or against a death sentence if the accused is found guilty. Lastly, the brutalization effect refers to increases in murders following an execution.
I pretty much agree with all of the court decisions talked about in the chapter. I especially think that there should not be one sole judge who determines the ultimate fate of a man. This MUST be left to a jury. 2 of the justices who were in favor must want to play God. Obviously these 2 believe that they are more fit to make life and death decisions that an entire group of people. I'd like to know which 2 judges voted in favor and why. I agree that the mentally disabled as well as juveniles should not be put to death. Juveniles need to be rehabilitated rather than severely punished. Lastly, I strongly believe that rapists should be executed. The victim will be haunted and affected for the rest of his/her life. Rape is the highest form of disrespect and dishonor. There is no scum more filthy than a rapist.
I have always been aware of the racial bias present throughout our nation's history, particularly as it pertains to our legal system. It doesn't surprise me at all that 89% of the men executed between 1930 and 1967 were black. This was during a time when black were beginning to fight for their rights. Whites were afraid of blacks gaining more rights and were inclined to use approaches such as these to stifle progressive black movements. I was definitely not aware that the numbers were so biased today. One of the most shocking statistics is that blacks who kill whites are four times more likely to be charged with capital murder than blacks who kill blacks. This is now. That's craziness. Even more shocking is the death sentence being 4.3 times higher for murderers of whites than for murderers of blacks.
I most certainly would have bet that in countries with no death penalty, crime would increase. Apparently, data from studies done by Donohue & Wolfers in 2006 and Sellin in 1980 seem to indicate otherwise. I don't fully comprehend the results of the study. Detroit is an incredibly violent city. There is no city in any of the other states with the exception of maybe Cleveland, OH that could even stand on the same ground as Detroit, let alone Michigan as whole. You mean to tell me there are more homicides in North Dakota than Michigan? If this is true, that's the grand shocker of them all. I may just be misinterpreting the data. Let's hope so.
DNA has been a godsend to those who would have otherwise been wrongly convicted. I'm glad that those who otherwise would have unjustly led meaningless pitiful lives in prison can now live life as they were meant to - free. I would like to know why the LAPD is destroying biological evidence. Unreal.
I wanted to know a little more about Gary Graham's case. This website gives us a look at how Texas murdered Graham "in cold blood". I felt sick when I read how he was treated prior to his execution. I also once remember my dad talking about how much he hated Chief Justice Rehnquist. After reading this, it wouldn't surprise me if Rehnquist was one of the two who voted for the power to execute in Ring v. Arizona.
Chapter seventeen discusses the death penalty and issues that surround it. The death penalty has always been a rough subject to discuss. Many feel that it is unconstitutional and breaks a person’s right to the eighth amendment. However, others view it as the correct punishment for someone who has committed a heinous crime. Different cases have gone through the court process suggesting both fashions like the Furman vs. Georgia case. Gregg vs. Georgia put the guided discretion statuses in place. This is a two-step process that a jury must go through before obtaining decisions for the death penalty on someone. The first step is to decide if the defendant is guilty or not. After that has been decided, the second step is the penalty phase. This is when the jury deliberates on if the individual should be sentence with the death penalty. Jurors use aggravating factors and mitigating factors in order to come upon this decision. Along with these cases, other cases have abolished the death penalty for mentally retarted individuals as well as juveniles.
Jurors used to be selected for capital trials based on their belief in the death penalty. It was called the death qualification. If they couldn’t be open to voting for someone to have the death penalty, they were not allowed to be a part of the jury. This affected the outcomes of death penalty cases greatly. Jurors that are qualified in the death qualification are more likely to vote yes during a case. These cases are extremely different than normal cases. Usually, jurors are deciding if a person is guilty or not. In these cases, jurors have to ask themselves “should the defendant be killed in the execution chamber?” Once again, the only thing to help jurors are aggravating and mitigating factors. It is a tough role as a juror.
Race still plays a large role in our society. The court room is no exception. In earlier years, blacks had their own set of laws called “The Black Code.” Blacks were treated much more harsh for the same crimes that a white man committed. For example, a black man would be executed if he stole something whereas a white man might pay a fine. In executions, 89% of the total were consumed by black men. Race plays a large role in any type of crime. Black defendants are more likely than white defendants to be charged with punishment, especially capital murder. The book states that “blacks who kill whites are about four times more likely to be charged with capital murder than blacks who kill blacks.” In today’s society, race doesn’t necessarily account for victimization as they are both relatively equal. However, a black individual is six times more likely to receive the death penalty than a white individual.. It is crazy to think that even today our society is still so racist. It is extremely hard to overturn a case based on racial discrimination because of how hard it is to prove.
Today, the death penalty is seen as a deterrent for murder. Executions used to be public town gathering and enjoyable. However, studies show that executions have no influence on crime; it may even increase it. Two hypothesis are derived for the death penalty. First, it is suggested that states that have the death penalty should have lower rates of crimes. However, many studies have shown that states with the death penalty actually have higher rates of crime. Secondly, it suggests that crimes should fall and rise due to the change in the death penalty. This is proven false as well.
Another large downfall to the death penalty is errors and mistakes. Often, trials are not perfect and problems arise. There are errors in many different aspects. Punishing a person with such a serious outcome is a difficult task. The most troubling reasons is wrongful convictions. There are numerous wrongful convictions a year. That means we are killing people who are innocent. DNA has become an important role in these trials helping avoid these wrongful convictions.
This was the most intriguing thing of the chapter to me. I can’t imagine punishing an innocent person, let alone taking their life. I decided to look up more information on this. The website I found gave stories of ten people that were found innocent after they had already been executed. They were really interesting to leave. Some of them were due to false evidence or people who gave a false testimony. It would be an awful way to have to die. I can’t imagine being their family and finding out the truth but not being able to bring them back. http://listverse.com/2010/01/12/10-convicts-presumed-innocent-after-execution/
Chapter seventeen talks about a very controversial topic in today’s legal system. The death penalty is an issue that many people debate over whether it is right or wrong. The United States is one of the very few countries that still use the death penalty today. Seventy percent of the states in the United States use the death penalty. Iowa does not have the death penalty. Even then many people believe that the death penalty is unconstitutional. Since there is such a debate over the death penalty, it also becomes a very complicated system. There are two parts to the sentencing of the death penalty. Obviously, first it needs to be decided that the perpetrator is guilty. After that there are aggravating factors and mitigating factors. The affarvating factors are those that would lead the accused to the death penalty where as the mitigating factors are those that favor a life in prison. Because the jury is the one who decides the accused fate, this can be a problem with the controversy over the death penalty. So obviously these jury members would always make the choice of a life in prison, making them bias and unable to make an objective decision. So these people are excused from jury duty.
Though the death penalty isn’t exactly a pretty picture, it has definitly evolved over time to a much cleaner deed. Executions used to be public and very brutal. Some of the popular methods were hanging or a beating/whipping. Now the most common method in the United States for the death penalty is the lethal injection. However hangings are still used, though extremely rare. Other methods include electrocutions and shooting, though we have moved away from thouse and more towards the lethal injections.
One surprising thing that I learned while reading this chapter was that though the death penalty can be a ruling, it is very rarely carried out. Only about one percent of the perpetrators that are sentenced to the death penalty actually have to go through with it. Most of the people who are sentenced end up living their life in jail and instead die of natural causes.
Some people are excused from the death penalty. It was ruled that people who are considered mentally insane are not subjected to the death penalty. However as we have all learned in previous chapters and in our class lectures, this doesn’t make a huge difference since being delcared mentally insane in the court of law is very rare. Juveniles/minors are also excluded from the death penalty, unless they have raped and murdered their victim(s).
A big issue with the death penalty is how unfortunately the legal system doesn’t always work. Unforntunately there are times where people who are innoncent end up imprisoned. This is obviously terrible and horrific. So then you bring up the question of wether there are people who have been executed who have been innocent. According to the text, there is a good chance that twenty three cases of the death penalty have murdered innocent victims. The thought of this makes me sick and also makes me not in favor of the death penalty. For those people who have actually committed horrific crimes, there are some things worse than death.
Chapter 17 is all about the death penalty. There have been many challenges to the death penalty and it is usually based upon the 8th amendment right against cruel and unusual punishment. A case in 1972 called Furman v Georgia, was an instance where the Supreme court ruled that capital punishment was unconstitutional. Technically it didn't outlaw the death penalty it only prohibited the way it was being carried out at the time. Today, about 35 states have reinstated the death penalty.
One problem surrounding the death penalty is the bias in the jury members. There has, however, been an attempt at a solution to this problem. During the process of voir dire, potential jurors in capital murder cases are questioned about their stance on the death penalty and are asked about how willing they would be to vote for the death penalty if the defendant is guilty. In the Supreme Court case of Wainwright v Witt, the Court ruled that jurors whose beliefs impair their ability to consider of impose a death sentence must be excused from serving on a capital jury. This helps to eliminate some of the bias jury members from being apart of a jury and pushing unfairly for the death penalty.
Another problem surrounding the death penalty is race. Analyses of death penalty cases indicate that race impacts several stages of the legal process. Black defendants are more likely than white defendants to be charged with and convicted of capital murder. Not only is the race of the perpetrator important but so is the race of the victim. If the victim is white prosecutors are twice as likely to go for the death penalty than if the victim is black. A study showed that blacks convicted of killing whites were sentenced to death in 22% of capital cases whereas with a white person convicted of killing a black person received a death sentence 3% of the time.
One scary part about the death penalty is the mistakes that can be made within the legal process. In a study done about capital cases between 1973 to 1995, researchers found that 68% of death sentences were reversed due to errors at trial. In these reversed cases, 82% of defendants were given a lesser punishment and 7% of the defendants were found not guilty. One thing that has helped lower these errors and mistakes is the advancement of technology. The use of DNA evidence has been helped to prove the innocence of people and get them off of death row.
One source of legal punishment has always seemed to draw the broadest attention and reverence in any legal system. That is the death penalty. Chapter seventeen focuses on the death penalty, research involved conducted over capital cases, racial components invovled, and extra details that further enhance the inherent interest in death penalty cases.
Following the Supreme Court decision in Furman vs. Georgia, the death penalty was readjusted by most state legislatures in order to fit a humane a process as possible. The application of a system of guided discretion in which the jurors would decide a capital case in two phases, one with the verdict and one with the sentence style, also helped to further the humanitarian approach to execution. Further components such as aggravating factors, elements which add relevance to a defendant being executed, and mitigating factors, elements which make a defendant more likely to spend life in prison, also add to the process. Interestingly, this period of vast judicial expansion also introduced this area to the idea that the death penalty might be an appropriate tool to use on child rapists. In fact, there are currently eight states that actually have death penalty laws in action for child rapists. However, none have successfully tried a suspect with the death penalty concerning these circumstances.
Race has always been heavily involved in the process of executions, especially in the South. Following the Civil War, the Black Codes made minor infractions such as thefts bad enough for a black individual to be sentenced to death. Although predjudice and discrimination has faded, the component of race was prevalent in death penalty cases of the South. This was especially true for cases that involved the crime of rape and black suspects. The mid twentieth century witnessed the execution of over four hundred men for the crime of rape alone, with ninety-percent of them being black males. Another study found that black men convicted of raping white women were nearly twenty times as likely to be sentenced to death. Furthermore, prosecutors are also more likely to seek the death penalty on individuals who have committed a crime against whites in comparison to black victims.
The death penalty has evolved over a long existence that is has shared with humanity. Large public executions were often performed in major European cities up until the eighteenth century. This can explain the possible belief that the death penalty deters murder. However, states with the death penalty tend to have a higher murder rate than those with it. This interesting statistic proves some credibility to a component known as the brutalization effect. The brutalization effect is the idea that executions may decrease an individual's sensitivity to violence and make them more prone to the idea that murder is a justified response to serious provocations.
One thing that is potentially problematic with the capital punishment is the possibility of mistakes that are made at the trial level. The gravity of such mistakes is so massive at in capital cases that it is important to highlight where errors have been made. The worst of all mistakes that can be present is those of wrongful conviction. Situation like this are often attributted to errors made by police, prosecutors, witnesses, or misleading evidence during the trial portion of a crime. Fortunately, the use of DNA to exonerate individuals on death row has been able to counter some of these terrible errors.
The Death Penalty has long been a part of the legal and social systems of countries across the globe. It is not completely foolproof however. Here in the United States issues about race stereotypes still continue to leave an unfair conviction and execution rate in place. Furthermore, the wrongful conviction of individuals has led to the wrongful and tragic executions of such people. The Death Penalty will continue to play a major role in the justice system of this country, so long as we the citizens continue to believe in death as a form of justice.
Chapter 17 was all about the death penalty, and the controversy that surrounds it. Before reading this chapter, I had very limited knowledge about the death penalty. The death penalty is still allowable in the United States; however, it’s not accepted in many other countries. The death penalty is a very controversial subject in the United States. 35 states in the U.S. use the death penalty, Iowa is not one of them. The death penalty has been a part of the United States since the early 1970’s. The methods and rules regarding the death penalty have been revised and changed multiple times up until this point. They will continue to change and develop in the future. Most of the states in the America use lethal injection, but some do us the lethal gas chamber, electrocution, hanging, or a firing squad.
This chapter states that capital punishment is virtually ineffective. The statistics show that crime rates are not any lower in areas that do enforce the death penalty. In fact, many studies have shown that where death penalties are used there is actually a higher murder rate than areas where it is not used. Some say this occurs because by executing a criminal it may be justifying murder due to provocation. Also, only a small number of people on crime row actually end up executed. Many die of natural causes before they get there.
The decision to pursue the death penalty is based on a couple factors. Aggravating factors are factors that support the death penalty. Mitigating factors on the other hand are factors that support a life in prison in contrast to a death penalty.
One of the biggest concerns regarding the death penalty, is the possibility of killing an innocent person. As we have learned, the judicial system can often make mistakes. One statistic that I found especially shocking was that it has been discovered that 416 people since 1900 were wrongly convicted of murder and sentenced to death. 23 of those case analysis show that it may have been the case that an innocent person was executed. Looking at cases between 1973 and 1995, 68% of death sentences were reversed because of serious errors during the trial. 7% of these cases when reversed ended up being found not guilty of the crime. One of the most important developments that could potentially help decrease the number of innocent people sentenced to death is the the use of DNA evidence to prove innocence. However, in most murder cases, biological evidence is not available. I don’t think we should be sentencing people to death if we can’t prove without a doubt that they, indeed, committed the crime.
Another unfortunate component of the death penalty is that race seems to play a large role in the sentencing. Research has shown that the best predictor of a death sentence is the race of the offender along with the race of the victim. Black males found guilty of raping white women are 18 times more likely to be sentenced to death than any other race combination. Of four hundred fifty five men that were executed between 1930 and 1967, 89% of these men were black. After more research it was found that the race of victim/ race of defendant was the biggest predictor of the death sentence.
I found this interesting website that discussed more facts regarding the death penalty. One of the discussion ideas was whether or not juveniles should be sentenced to death. I was shocked to discover that this could ever be justified. I can’t think of a situation that would justify killing a child.The first time a teeneager was sentenced to death was in 1642, when a 17-year-old in Plymouth Colony n Massachusetts was hanged. Grauger was executed for having sex with anmals. Juvenile death penalty laws were in place in 19 states until March 1, 2005, when the Supreme Court ruled that the Constitution forbids the practice. The youngest American put to death in modern times was a 14-year-old executed in South Carolina in 1944. George Junius Stinney was black and was convicted of murdering two white girls with a railroad spike.
Chapter 17 begins with interesting information about the views across the world about the death penalty. The entire first page was flooding with interesting information which I did not know about. To be honest, I did not know much information about the death penalty before reading this chapter besides how we perform it and how expensive it is to perform. South Africa finds the death penalty unconstitutional and most counties in Central and South America abandoned it but only those with extraordinary crimes are put on the death penalty. There was a large amount of information which was very new to me just in that first paragraph. What two things I found most interesting were: 1. The electric chair, gas chamber and lethal injection are only used in the United States for the death penalty. 2. Old death penalties are still widely used such as beheading and hanging. As I kept reading through the first page, I found out less than 1% of murderers are executed which left me wondering how only a 'lucky' few get the death penalty and so many others escape it. What was even more interesting about this fact was most of the people on death row die of natural causes before they are taken to the death chamber. On the following page I read through the table with each states method of execution for the death penalty. It is very interesting how each state differs with how a person is put to death for their crime. I did not see Iowa on there which was the first time I had even thought about if Iowa had the death penalty or not.
The next part of the chapter discussed Supreme Court decisions. In Gregg v. Georgia, the Supreme Court made the death sentences mandatory for certain types of murder and approved a series of reforms to guide jurors discretions. In the guided discretions, defendants accused of murder are tried in a two phase proceeding. Whether the person is guilty or not is decided in the first phase. If they are found guilty, the sentence is decided in the second penalty phase. At the end of this phase, jurors weigh the characteristics of the murder and the murderer, these are known as the aggravating factors. Those characteristics are weighted against those characteristics that support a sentence of life imprisonment which are known as mitigating factors. The mitigating factors reduce the defendant's blame and makes execution less appropriate. I found this very interesting because I was unaware of the process in which jurors deliberated the death penalty. Psychology was evident in this portion of the chapter when referring to the Atkins v. Virginia case which put an end to the execution of mentally disabled prisoners. Psychology was present in this case because the mental prisoners have disabilities in reasoning, judgment, and controlling their impulses. In a somewhat recent case in 2005, Roper v. Simmons, the court abolished the death penalty for juvenile offenders. This was also due to the psychology of adolescents regarding their less developed impulse control, rational decision making and long-term foresight.
Research on capital murder trials included the process of death qualification. I found it interesting how during voir dire, potential jurors in capital murder cases are asked about their willingness to vote for the death penalty if found guilty. If a potential juror does express a lack willingness to consider it a punishment, he or she is not allowed to serve on the jury. I found this fact information interesting. death-qualified jurors are more likely to vote to convict the defendant are tend to be more receptive to aggravating factors and less recepting to mitigating receptors. It was interesting what the jurors said when they were interviewed after serving on a murder trial about the aggravating factors and mitigating factors. They were unsure of what each of the factors were defined as and the judge did not help clarify the definition of each which made it difficult for the jurors.
Racial disparities come into play in the death penalty as well as everywhere else in the court systems. What was very interesting to me about this part of the chapter was how 89% of the men executed for rape were black men. The researchers who found this out found the best predictor of the death sentence was the race of the offender as well as the race of the victim. Black defendants are also more likely than white defendants to be charged with capital murder and are more likely to be convicted as well as sentenced to death. If a victim of a crime is white, prosecutors are more than twice as likely to seek a death sentence than a black victim. Blacks who kill whites are four times more likely to be charged with murder than the other way around. These facts I have just stated irritated me but they did not shock me because we are constantly reminded of these horrible statistics but yet nothing changes.
The death penalty as a deterrent to murder came next in the chapter. Before the 1700's, the death penalty was used as a festive public event in order for the people watching to be afraid of such punishment for committing a crime. Executioners in Germany would smash bones of the person's legs and arms before slaying them in the throat. In England, decapitated heads were displayed at crossroads and on the London Bridge as a warning to fellow citizens. This shocks me. I had no idea people's heads were put on the bridge the warn people as they are on a innocent drive across the bridge. This would definitely work to keep me from committing a crime but my morals do justice for me without seeing decapitated heads. What was interesting about this part of the chapter was the findings of states with he death penalty have higher rates than states without the death penalty. The brutalization effect is when the executions stimulate an increase in murders in the weeks following an execution because it desensitizes people to killing and sends the message of killing as an appropriate response.
I found the errors and mistakes in death penalty cases portion very interesting. I was shocked by the statistics of 68% of death sentences being reversed due to errors at trial. This makes me empathetic towards some of the people living on death row for a crime he or she did not commit but the fact they may have had a bad lawyer or had an interrogator trick him or her into thinking they did it makes me very mad. I would never want to be stuck on death row for a crime I did not commit but did not have the jurors on my side. The main causes for the death penalty to be performed on the wrong person are because of police errors, prosecutor errors, witness errors, misleading evidence, forensic science errors, and incompetent defense lawyers. There are many factors which may go into a wrongful conviction which really makes you wonder which people are innocent that are being put to death for a crime they did not commit. What really helps with this problem is the recent development of DNA evidence to prove innocence. This makes it easier to prove someone's innocence than ever before.
Psychology is evident in the cases which involve race. Some people psychologically have bias or are racist which does not help the person's case. These people also include cops which will arrest and interrogate someone differently according to race as well as set up a poor lineup in which the wrong person may be convicted for a crime he or she did not commit. Psychology is also present when the jurors go through the two phase process of determining whether someone will receive the death sentence or not. People who are more in favor of voting for the death sentence look more at the aggravating factors rather than the mitigating factors leaving them less sympathetic towards the defendant. They enter the case with a natural bias against the defendant.
I decided to look further into the death penalty as a deterrent to murder:
The above website is pro-deterrence. This site goes into explaining a study performed by Isaac Ehrlich which came out with results saying for every inmate who is executed, seven lives are spared because others were deterred from murder. This finding really made me think about how this study was performed and how you could come up with those results. It also states how some statistical studies are inconclusive, but the death penalty does in fact work because death is what everyone fears most.
This site above is an interview with Don Pesci on the death penalty on April 7, 2012. I completely agree with his answers to the questions about the death penalty deterring crime. He said deterrence cannot be accurately measured, but we assume it works because when we were young and punished by our parents, we would usually refrain from committing the act again. He also stated how polls showing that murder is deterred or not deterred by capital punishment is guesswork and we do not know as a fact if it works or not, we are simply guessing.
Chapter seventeen deals with the death penalty. Something that is an ongoing debate just about everywhere. Is it right? Should we be deciding whether someone lives or dies? Thirty-five states in the US plus the Military and Government can issue the death penalty. Clearly the vast majority of people see the death penalty as acceptable. In the case of Gregg v. Georgia, and other cases like it, the Supreme Court made the death penalty mandatory for some types of murder. However, a series of reforms were put in place with the idea that they would aid jurors to using discretion when deciding. Deemed guided discretion statutes, those up who had capital murder went through a jury that had a two-phase procedure. Whether they are guilty is decided in the first phase. The second is responsible for whether they will receive the death penalty or life in prison without parole.
During the last part of a trial in which capital murder is the charge, jurors are asked to look at the characteristics of the murder and the murderer that support a death sentence, which are referred to as aggravating factors, against the characteristics that support a sentence of life in prison, which are mitigating factors.
Research has shown that death qualification is something that can affect who gets on a jury and the attitude of a juror toward the defendant. Death-qualified jurors are more likely to vote guilty but they also are more receptive to aggravating factors than mitigating. It was argued with the Andrea Yates trial that the prosecutor wanted to charge her with capital murder so a jury that would be more likely to find her guilty would be put together. Although she was found guilty of murder charges, when it came to sentencing, the prosecution didn't try hard for the death penalty. In fact, the prosecutor preferred she be given life over the death penalty.
The issue of race also couldn't escape the death penalty. Before the civil war, "The Black Codes" regulated how blacks acted. They could be sentenced to death for something as petty as theft, whereas whites could simply pay a fine and be done. Researchers have found that the race of the victim tends to be important in a murder charge, as well as the race of the person charged. If the victim is white, the death penalty is twice as likely to be sought out. And if a black kills a white person, than it is four times more likely to be sought out. These findings were in 1998, however more recent studies have still found discrimination in death sentences. Especially when it comes to the race of the victim. A black murderer who kills a white person is six times more likely to get the death penalty. This being found as recently as 2006.
Some think that the death penalty is a deterrent to murder, however studies that have been done in states with and without the death penalty have found that the states that do have the death penalty actually have much higher rates of murder than those without. Another hypothesis formed is that murder rates will either increase or decrease when the death penalty law changes. The thought behind this is that if a state gets rid of their death penalty, if even for a short amount of time, murder rates will rise. On the other side it is predicted that if it is put in place than murder rates will decrease. This hypothesis has also been found to be unsupported. No evidence has yet been found that the death penalty lessens murder rates.
Like everything in life, there are unfortunately sometimes mistakes when it comes to the death penalty. Sadly, hundreds have and still are put to death wrongfully. Though with DNA now our system is working harder than ever to exonerate those who have been wrongfully accused and catch those that are guilty. In 2010, it was found that as many as 140 people were set free because of DNA evidence that proved their innocence.
The death penalty is an argument that will never end. People will always have their opinions on whether or not is is right and just. I think the best thing we can hope for is that those who deicde the death penalty should be sought are using it for the worst of the worst people and that they seriously consider what they are about to do to someone and make sure it is the right decision before they make their final choice. The death penalty is something that should never be taken lightly, especially with the knowledge that sometimes we are wrong. Hopefully with DNA progressing and other areas in crime progressing as well, we can be more certain as time goes on that we are convicting the right people. Giving us a little more peace that when someone is given a death sentence we will at least know it is the right person.
Chapter 17 is about the death penalty. The opening story gave a variety of different facts about the death penalty. I didn't know that in the following countries: Canada, Mexico, Australia, New Zealand, and all the countries of western europe the death penalty was abolished. South africa in 1995 made the death penalty unconstitutional. Central and South America only use the death penalty when someone commits treason. It was interesting to learn that only 35 states in the united states support the death penalty. I knew the federal government and the military supported the death penalty but states have the right to decide whether or not the death penalty is used in them. I also didn't know that less than 1% of murders are executed. The states that use the death penalty only give a person the death penalty if they commit an aggravated murder. The definition of aggravated murder depends on the discretion of the state the murder lives in. Aggravated murder includes: murder for hire, murder of more than one person, murder of a police officer, murder of a child, and murder during the commission of another felony. Illinois only uses lethal injection as their form of death penalty but if it ever becomes unconstitutional then electrocution would be used instead. Iowa is one of the states that doesn't support the death penalty.
Under guided discretion people who defendants accused of committing capital murder are then tried by juries in a two-phase proceeding. If guilt is decided in the first phase then either death by execution or life in prison without the possibility of parole is decided in the second penalty phase. If the jurors weigh the characteristics of the murder and the murder that support a death sentence those characteristics are called aggravating factors. Jurors against the support of the death penalty and those supporting life in prison these characteristics are called mitigating factors.
I believe that lethal injection is humane. There sometimes are complications when it comes to killing people with lethal injection but I believe it's the most technologically advanced way to kill an individual. I feel that in the history of execution there has been numerous senarios where error has occured while attempting to execute someone. I feel that continuing training on the process of lethal injection will only help but to limit the amount of error that could occur during the process of lethal injection.
Racial disparities and the death penalty was a very interesting and eye opening chapter. Between 1930 and 1967, there were 455 men that were executed for rape. Of the men who were executed 89% of them were black. This didn't surprise me but I know that it wasn't fair at all. From reading the statistics on discretion against black individuals I know that there has to be biased decisions due to race. In 1973 a study concluded that if a black man raped a white woman they were 18 times more likely to be sentenced to death that if a black man raped a black women, white man raped a black women, or if a white man raped a white woman. Many analyses of death penalty cases indicate that race has an impact in several stages of the legal process. After arrest, black defendants are more likely than white defendants to be charged with capital murder, and after being charged are more likely to be convicted. Then after being convicted then are more likely to be to be sentenced to death and once sentenced they are more likely to be executed. I feel that race still has an impact on the death penalty today. Black people still suffer from biased discretion while women get more lenient discreton if they commit the same or similar crime.
Researches examined every case in the United States from 1973 to 1995. They concluded that 68% of death sentences were reveresed due to serious errors at trial. The reverse cases were then retried and 82 percent of the defendants were given a lesser punishment than death. Also 7 percent of them were found not guilty. These errors were cause by many factors. For instance, incompetent defense lawyers, faulty or misleading jury instructions, and varous forms of prosecutorial misconduct. The study doesn't include the amount of people that were innocent and were wrongfully executed.
This chapter really opened my eyes when it comes to the legal system. Knowing the amount of error that is still in our legal system today scares me. By learning about the chance of error from eye witness testimony to biased jurors makes me worried about being around any illegal activity. Mainly because if the evidence is weak and even though you didn't do anything but were near it or were there when the crime occurs you can be guilty by association. Also there is a high possibility that you could serve a more severe sentence that what you actually committed or not committed at all.
This chapter focuses on the death penalty and the issues that are associated with it. The very first sentence of the chapter says that most of the Western democracies see the death penalty as a violation of the person's rights. The US, however, does still employ the death penalty. 35 states currently have the death penalty (Iowa not being one of them). Although a lot of states have it in place, actual executions are rare. Most of the criminals on death row die in prison from natural causes before their time for execution. The average stay for criminals on death row is 9 years. The book states that between the years 2000-2010, 570 people were killed in the execution chambers, but almost 1500 were sentenced to death. I enjoyed looking at the list of states with the death penalty and their legal method of it. The most common and all of the states have this as an option is lethal injection. There are a few states that have electrocution as an option and an even smaller number of states can chose the gas chamber. Oklahoma and Utah are the only two states that have the firing squad. This is only used if lethal injection and electrocution is held unconstitutional.
I would hate to be on a jury that dealt with a death penalty case. I have strong views and opinions about the topic, so I would be excluded from the jury, but hypothetically, I would hate it. The judge gives the jury certain instructions when deciding on the verdict, but often times these instructions are difficult to understand and remember. When the jury doesn't understand the law and remember what the judge has told them, they often rely on their own prejudices. I thought the racial disparities part of the chapter was really interesting. Over the years, researchers have found the best predictor if a death sentence if the race of the offender along with the race of the victim. A study was done that included over 300 mock jurors that watched a realistic simulation of a death penalty trial where the offender was found guilty of robbery and murder. There were four different conditions of this study: white offender/black victim, white offender/white victim, black offender/black victim, and black offender/white victim. When the victim was black and the offender was white, 40% of jurors voted for a death sentence. When the offender was black and the victim was white, 54% of jurors wanted a death sentence.
I also enjoyed the section of the death penalty as a deterrent to murder. The theory behind this is that people will not commit murder or other serious crimes because they know of the punishment and do not want that to happen to them. The hypothesis that the death penalty deters murder was tested. If it were true, states that have the death penalty in place should see less crime than those states who do not have the death penalty. Also, if a state decides to enable the death penalty, their rates of crime would go down. Conversely, a state that decides to get rid of the death penalty should see an increase in the amount of crime. The results have shown that in fact, that states with the death penalty have HIGHER murder rates. Along with this, the second hypothesis has not been upheld. There has not been any evidence to say that states who add the death penalty will see less murder.
It is so tragic when an innocent person is executed. A study showed that 68% of death sentences were reversed because of various errors during the trial. These errors can be things like incompetent defense lawyers, bad jury instructions, suppressed evidence, and intimidation of witnesses. Bedau and Radelet did a huge study and identified 416 people who were wrongly convicted of murder and sentenced to be executed. They also found that 23 of those people were actually innocent. It is hard to think about the fact that DNA was not used in cases for a long time. As of today, the Innocence Project states that 289 people have been exonerated based on DNA evidence.
The Innocence Project is something that I wanted to learn more about. I have heard of it and know the gist of what they do, but I wanted to learn more. Their website has a lot of good and interesting information on it. They have different facts about what they do: the average sentence that is served by someone who is eventually exonerated is 13 years. 13 years sitting in prison for something they did not do. Another fact stated is that is about 40% of cases that exonerated, DNA has led to the finding of the actual offender. According to their site and information, Iowa has not had any cases dealing with exoneration. Texas has had the most with 44 followed closely by Illinois with 41. Illinois surprised me a little but. I thought California would have quite a few, but they have only had 9. They list all of their cases and how many years the person was in prison before being exonerated. One man was in for 35 years. The website also gives a long list of the causes that lead to a wrongful conviction and give an in-depth discussion about what each of those causes are.
4/8/12
Chapter 17
The Death Penalty
This chapter discusses the death penalty. In most of the places around the world, especially those that we considered developed, the death penalty is no longer used (it is either illegal or simply not used, but still legal). The death penalty is still used in the United States, but all states use it. Of the states that do use the death penalty the only crime punishable by death is aggravated murder; previously there were no ways establish in what cases the death penalty will be utilized. It has been argued that the death penalty goes against the constitution as cruel and unusual punishment. Then there were discussions about how the death penalty is carried out, that puts it into question. Only certain ways that people are put to death are considered cruel and unusual punishment.
There are certain factors taken into account when the death penalty is in consideration. During Gregg vs. Georgia the death penalty was no longer mandatory for certain crimes. Instead it was decided that a sentence of either death or life in prison was to be decided by the judge or the jury. There such a thing put in place to take these steps separately 1) guilty or not guilty 2) the sentencing. This is called guided discretion. It is a two phase proceeding or bifurcated. The second phase is called the penalty phase this is where a death sentence or a life in prison sentence is given to the convicted person. In order make a decision the jury or judge will take into account either aggravating factors or mitigating factors. If a person is headed toward the death penalty then aggravating factors will be taken into consideration. Mitigating factors are those that support a sentence of life in prison.
Over the years there have been multiple rulings that tweak the ways in which a person receives the death penalty. For instance a mentally retarded person and juvenile offenders cannot be given the death sentence. In Ring vs. Arizona it was decided that it was unconstitutional for judge (a single person) to decide whether someone gets life in prison or the death sentence. There are certain things that lawyers look for in a jury (as we have already discussed in class). A prosecution that wants the death penalty for the defendant is more likely to want a jury that is willing to give the death penalty. In the text they discuss that a jury that is willing give the death penalty is more likely to find the defendant guilty.
In Andrea Yates case after she was found guilty it was apparent that a death sentence was not wanted. The attorney states in the closing argument that the jury should ‘do the right thing’ and give Yates a sentence of life in prison. I think it would be difficult and contradictory to find a jury that is going find someone guilty but not give them the death penalty. If I understood the text correctly – those that are more likely to find someone guilty are also more likely to give someone the death penalty (it would be hard to find a group of people that are likely to find someone guilty and then give them life in prison.
Next the text talks about racial disparities. Obviously, there have been difference in race throughout history, but it is still present today. The most common circumstances that will present racial disparities is when a black person commits a crime (aggravated murder) against a white person. Although things have improved over the years racial difference still exist today.
In the past the death penalty has tried to use the brutalization effect which is when the death of another person acts as a warning to others. The knowledge of the executed person should make others less likely to a commit a crime when they know that this is the punishment for it. The last section of this chapter discusses errors and mistakes that have been in cases where the death penalty was used. Between the 70’s and 90’s 68% of the death penalty sentences were reversed due to serious errors during the trial. Now I wonder how many people have been wrongfully convicted and put to death, but that were innocent. I have to admit that I do not have an opinion on the death penalty. My dad is for the death penalty – if people know that this is the consequence for their crime then it is fair. My mom, however, thinks that death should not be the penalty for any crime – even if it is murder. So I am torn because I can see both of their arguments.
The death penalty is a very controversial topic within the US. There are people out there who are die-hard advocates either for or against capital punishment. Many people view the death penalty as moral obstacle while others judge its legitimacy in terms of constitutional rights. I was very surprised to see that America is actually one of the few Western societies that still implement the death penalty. I would never have guessed this. The most common method of death used is lethal injection, although in a few states you have the option to be killed by a firing squad or by hanging. The last person in Iowa to be killed by the death penalty opted to be hung which is also very surprising. I wonder why this person opted to go that way. It was interesting to see learn that other countries usually use methods such as beheading, hanging and shooting on a regular basis. These methods seem medieval. Most prisoners on death row will die from natural causes. The average length of time someone will spend on death row is 9 years. I never knew it was that long before somebody was actually put to death. It would be horrible having to wait in prison when you know you only have a few more years to live.
The debate over the constitutionality of the death penalty has many points to be argued. Some argue that the process of determining a sentencing of capital punishment is unconstitutional in itself. These arguments led to a series of reforms, which limited the discretion of jurors. Once a defendant is found guilty of capital murder, their punishment is determined in a penalty phase of the trial. Jurors are asked to look at aggravating and mitigating factors. Aggravating factors seem to favor the death penalty whereas mitigating factors seem to make the circumstances of the crime seem less serious. Jurors can play a large role in deciding between life and death of a defendant. It is sad to think that sometimes juries don’t take this responsibility seriously or that they don’t understand what to do. Some jurors interpret evidence in the wrong way and don’t question the guilt of a defendant. It is important for judges to make the jury instructions clear.
The death penalty is seen as a retributive form of punishment. When we were taking about the different types of punishment and their goals retributive punishment is the one that basically says “an eye for an eye”. It means you get what you deserve and capital punishment was created to serve this goal of punishment because if you kill somebody you don’t deserve to live. Since the death penalty is so permanent, it is scary to thing that between the years of 1973 and 1995, 68% of death sentences were reversed due to some error that occurred during the trial. Eyewitness misidentification is the leading cause of these reversals. DNA evidence is the main way in which people are discovering the actual guilt of a person.
Native Americans are definitely represented the least on death row. African Americans seem to make up the majority of death row defendants however, Caucasians are close behind. It’s weird to see how many people from each state are on death row. California and Florida actually has more people on death row than Texas.
I was very excited to read this chapter because I know that with the death penalty comes immense amounts of controversy and argument over whether it violates human rights. I found it fascinating that some countries actually refuse to hand over criminals to the US if they might be sentenced to death. I suppose it wouldn’t be “safe” for US citizens to know about this for fear of strengthening the opposition of it. I was also surprised to learn that governments are still using beheading as a form of the death penalty. Even though it is legal in the US, it takes a very brutal case to receive a death sentence. Most people who are sentence to death end up dying in prison anyways, because of extremely long sentences.
The main argument against the death penalty is that it is unconstitutional under the 8th amendment (“cruel and unusual punishment”), and 14th (equal protection). In 1972, the Supreme Court ruled it unconstitutional, but because they disagreed about why, it was not made law. States tried to get rid of the discretion of jurors, but the Supreme Court made that hard. Instead the controlled it. The used tactics such as the two phase guided discretion system. I think it is good that all death sentence cases are reviewed by the Supreme Court because this can control any bias that the state has on the case or specific person. Jurors are supposed to weight the aggravating and mitigating factors of the case in order to determine whether the death penalty is appropriate.
I was surprised to learn that it took until the year 2000 to end the death penalty for mentally retarded prisoners. Juries are the deciding factor in whether or not someone gets sentences to death, not the judge. I had always thought this was the other way around. It is also unconstitutional for juveniles to be executed because they cannot be held fully responsible for their crimes.
Since the issue of the death penalty is so controversial, it is important for the juries of capital trials to be very carefully selected. If they are unwilling to consider the death penalty if the defendant is found guilty, they are omitted from the pool. This could be both good and bad. Good in a sense that you don’t have a whole jury who are softies and might refrain from the death penalty, even if the criminal deserves it. It could be bad in a sense that you now might have a jury full of people who might sentence the prisoner to death without thinking twice. I was very shocked to learn about the racial disparities that still exist in rape cases. Of 455 men convicted of rape, 89% were black.
I was most interested in the racial disparities so I decided to research more on that topic. In the article I found, I learned that all racial groups, not just blacks, are more likely to get the death penalty than whites who commit the same crimes. In fact 100% of recent federal death sentences have been against black men. http://www.deathpenaltyinfo.org/racial-disparities-federal-death-penalty-prosecutions-1988-1994
Chapter 17 was all about the death penalty. Personally, I am against the use of the death penalty and have been for as long as I knew what the term meant. I have witnessed and participated in numerous debates on the issue, but no one has ever been able to sway my opinion.
The chapter starts with Supreme Court decisions that shaped the death penalty. One thing I learned from this section was that a capital punishment trial has two phases, a guilt phase and a penalty phase. It is in the penalty phase that the jury decides if the crime is worthy of the death penalty. This decision can be swayed by aggravating or mitigating factors, which we discussed in class last week. Aggravating factors make the crime seem more worthy of the death penalty, while mitigating factors make the crime less worthy of the harsher punishment. Due to some important Supreme Court cases, the death penalty was abolished for the mentally retarded and juveniles.
The chapter continues with some research on capital murder trials. Another thing I learned from the chapter was that people who are opposed to the death penalty and will not consider it will be dismissed from jury duty in a capital murder trial. It won't get me out of jury duty here in Iowa, since the death penalty is illegal here, but it was an interesting tidbit to know. Research also shows that "death qualified" jurors or jurors who would consider the death penalty are more likely to convict a defendant.
After this, the chapter discussed some racial disparities in the death penalty. This section focused a lot on rape charges and capital murder. I found the differences in rape to be really interesting but also a little disturbing. I was mostly disturbed that back in the 30s or so, a white man raping a black woman wasn't even considered a crime. That is a really scary thing to think about. The stats on capital murder show that black defendants are more likely to be charged and convicted with capital murder than white defendants. In both rape and murder cases, the race of the victim is incredibly important. When the victim is white, black defendants are much more likely to be charged and convicted of a capital crime. The same does not hold true for a white defendant and black victim.
The chapter also describes the theory of deterrence for capital punishment. Basically, it is the idea that capital punishment deters crime. This is an argument that a lot of pro-death penalty people have brought up in debates with me. However, as my research and the text book show, that is actually not true at all. In fact, the death penalty might have the exact opposite effect. Instead of deterring crime, the death penalty weakens inhibitions against violent behavior, desensitizes people to the idea of killing, and sends the message that killing is acceptable when provoked. The chapter also talks about some serious problems with the death penalty. Statistics show that 68% of death sentences are reversed because of serious problems with the trial. Since 1900, 416 people were wrongfully convicted and sentenced to death. In 23 of those cases, the defendant was actually killed. Most of these wrongful convictions were caused by factors that are hard to detect like faulty eyewitness identification or coerced confessions. A few years ago, I remember watching something on 60 Minutes about faulty evidence in capital murder trials. Apparently, the FBI or police used a method where they matched a bullet shell to a particular pack of bullets, making it seem like bullets could be tracked to a specific gun. This evidence was used in many capital murder cases. However, the method wasn't scientific at all. In fact, it was complete bologna. I believe the show said that several innocent men and women were charged with capital murder and put on death row because of this "evidence" and 2 innocent men were executed.
One thing I wanted to find out about after reading this chapter was cost of the death penalty. One topic that several death penalty advocates debate is that using the death penalty is cheaper than housing people in prison for life. However, I found on this website and the attached fact sheet, that this is not the case. When including all the costs of trials, appeals, and incarceration on death row, the cost of the death penalty is typically millions of dollars more expensive than incarceration for life would be. http://www.deathpenaltyinfo.org/news/past/16/2012
Chapter 17 is about the death penalty. It begins by telling how other countries view the death penalty as a violation of human rights, and many countries have abolished it because of that. Some countries will donate money to the US and aid to their citizens who face the death penalty in the US. The most common for of the death penalty in the countries that allow it is hanging, shooting, or beheading. The three that the US use ; the electric chair, lethal injection, and the gas chamber, are specific to the US. Although the US makes use of the death penalty its not a common one to be carried out. From 2000 to the beginning of 2010 1461 people were sentenced to death and only 570 were actually killed in execution chambers. Most people who receive the death penalty will end of dying of natural causes before the get executed. There is only one crime that will make a person eligible for the death penalty and that is aggravated murder, which is the murder for hire, murder of more than one persons, murder of a police officer, murder of a child, or murder during the commission of another felony.Most US states use lethal injection as their choice for how to carry out the death penalty.
The arguments against the death penalty argue that it violates our eight amendments prohibition against cruel and unusual punishment or the fourteenth amendment which guarantees equal protection. Furman VS Georgia case didnt rule out the use of the death penalty but it did prohibit the way it was being carried out. Gregg vs Georgia the supreme court made the death sentence mandatory for certain types of murder. Along with that the Supreme Court designed as series of reforms. They created guided discretion statutes in which defendants accused of murder are tried by juires in a two phase proceeding. On the first phase guilt is decided. The sentence is then decided in the penalty phase, or the second phase. In this phase jurors are asked to weigh aggravating factors against mitigating factors. Aggravating factors support the death sentence while mitigating factors support life imprisonment. In Ring vs Arizona it was decided that a judge cannot decide the fate of a murderer and that decision must be left to the jury. In 2005 Roper vs Simmons abolished the death penaly for juvenile offenders based on the fact that juveniles are not fully mentally developed. In 2008 the Supreme court revisited the relationship between rape and the death penalty. It was later ruled that unless the victim dies the death penalty is not appropriate.
The death qualification is a very unique aspect of capital trials. During voir dire potential jurors are asked about the willingness to vote for the death penalty. It has been shown that the death qualification affects who gets on the jury and the attitudes of the jurors towards the defendant, these jurors are also more likely to convict the defendant. The death qualification is not all good. It has some biases that go with it. For example in the case of Andrea Yates scholars have argued that the motivation for charging Adrea with capital murder was an effort to assemble a jury that would convict her on the murder charges. Their goal in the death qualification process was to get a jury that would reject the insanity defense and rule guilty.
The penalty phase is different from other proceedings in that it asks weather or not the defendant should be executed. In order to do this they use aggravating factors against mitigating factors, but this is hard to do. Many jurors misunderstand the definitions due to the uncleanness of the terms. When that happens jurors rely on their previous knowledge and feelings to determine the punishment.
Before the Civil War the south was regulated by a set of laws call "The Black Codes." A lot of equal crime was punished unequally depending on your race. Blacks would receive harder punishment while whites would merely get a slap on the wrist. Later blacks and whites because equal under the law but discrimination still existed. Black men convicted of raping white women were 18 times more likely to be sentenced to death. Analyses of the death penalty cases indicate that race has an impact at many stages in the legal process. Following arrest blacks are more likely to be charged with capital murder. After they are charged blacks are more likely to be convicted. After conviction blacks are more likely to be sentenced to death and once sentence they are more likely to be executed. The race of the victim is important too. If the victim is white prosecutors are twice as likely to seek a death sentence compared to if the victim is black. Blacks who kill whites are 4 times more likely to be charged with capital murder than blacks who kill blacks. Even after removing all variables a black was 4.3 times more likely to receive the death sentence than whites. Black inmates on death row convicted of killing white victims have the highest probability of actually being executed.
Early forms of execution were gruesome and public, because it was thought that more terrifying executions would be more powerful deterrents, so the more people who watched the more people who would be scarred to commit a crime. In order to support this thought murder rates were compared between states who supported the death penalty from those who dont. It was found that states with the death penalty have higher rates than states without it. Studies have also concluded that there is no evidence that capital punishment suppresses the murder rate. The brutilization effect is higher for highly publicized executions. This causes the rate in murders to increase because people see killing as a justifiable response to provocation.
Many mistakes are seen in the death penalty. It has been found that 68% of death sentences were revisited because of serious trial errors. Of those cases 87% were give a lesser punishment and 7% were found not guilty. Some causes of error were an incompetent defense lawyers, faulty or misleading jury instructions, and various forms of proprietorial misconduct. One of the best thing to help the errors in deciding the death penalty is DNA analysis. It helps rule out victims who are innocent and prove ones who are guilty, but in most murder case there is not biological evidence to be found.
I decided to look further into Roper v. Simmons
was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The case took place in Missouri and involved Chris Simmons, who at the age of 17 planned a murder. The plan was to commit burglary and murder by breaking and entering, tying up a victim, and tossing her off a bridge. When the case went to trial Simmons confessed to murder and the jury suggested the death sentence. The case worked its way up the court system with the courts continuing to uphold the death sentence. Finally in 2002 they over turned the death penalty for a mentally handicapped criminal and stated it violates the eight amendment causing them to sentence Simmons to life in prison. http://en.wikipedia.org/wiki/Roper_v._Simmons
This chapter focuses on the death penalty and the morality of the act. It is argued constantly today on whether it should be reinstated or not for certain crimes. Those not in favor of capital punishment argue that it is unconstitutional on account of cruel and unusual punishment. They say death falls under that category. On the other side, those in favor of the death penalty argues that it should be reinstated. There are obvious racial disparities among death sentencing. More men are sentenced to death than women, more blacks than whites. They started to make guidelines for which crimes should be death penalties and which should not. Rapists, killers, and other serious crimes were ruled aggravating - receives death penalty - and the less serious ones were ruled mitigating and no death penalty occurs. Judges were not ruling like sentences for like crimes. All in all the death penalty is one of the highest controversial topics today in US politics. Other countries have different death rulings and they can influence the United States in what they want for their criminals, such as payments and lobbying.
Chapter seventeen focuses on the death penalty. The chapter begins with a table that illustrates states with the death penalty as well as the method of execution. Thirty-Five states, the federal government, and the U.S military are authorized to use the death penalty.
The next section covers supreme court decisions, because there has been many challenges that the death penalty is agains the eighth amendment, that prohibits cruel and unusual punishment. In 1972, the supreme court ruled the death penalty was unconstitutional in a five to four vote. After this ruling many states stopped the death penalty sentencing. This section also talks about guided discretion statutes. In which defendants accused of capital murder are tried by juries in a two-step proceeding. The book also provides a small article that explores the question: is lethal injection humane?
Next, the book moves on to racial disparities and the death penalty. This section describes how black inmates convicted of killing white victims of being executed. This section is followed by one that describes the topic of the death penalty being a deterrent to murder. Research findings have found that states with the death penalty have higher rates of murder than states without the death penalty.
The final section of this chapter focuses on errors and mistakes in death penalty cases. 416 people were wrongfully convicted of murder and sentenced to death since 1900 according to Hugo Bedau and Michael Radelet.
Chapter 17 has to do with anything and everything about the death penalty. At first, I was extremely intrigued by the beginning of the chapter. It states that in other democracies around the world—particularly in the western countries—the death penalty is not relied on heavily or any at all for that matter. In countries where the death penalty is still used, hanging, shooting, and beheading are the main “tools” of death. These methods of death seemed a tad unorthodox in my eyes because when I think of the death penalty, my mind falls on things such as the electric chair, gas chamber, and lethal injection. Turns out these methods are only used in the United States. In the readings we find out most prisoners on death row will actually die of natural causes even before they are executed. The entire introduction was an excellently informative piece. I knew the death penalty was only used in a limited amount of places but I didn’t realize the death methods used in the U.S. are solely used here.
There is much controversy dealing with the usage of the death penalty in the United States. Citizens of the U.S. challenge the use of the death penalty because they believe it’s denying people of their constitutional rights. On the other end, the people that believe in the death penalty view prisoner and convicts as not citizens and they dont think they deserve the option of constitutional rights. This controversy and the disagreement with the death penalty is the reason why in 1972 the Supreme Court started making dramatic changes to the death sentence. Although they did not completely desist the usage of the death penalty, they made a point to at least change how it was being administered. After the Supreme Court’s ruling, many state legislatures were forced to alter how they allowed the death sentence to be used and by what methods. They started following what is known as the guided discretion; where, for example, a defendant facing a capital murder charge is tried in two hearings. The first trial is for the jury to come up with a verdict: guilty or not guilty. The second phase, penalty phase, is where they decide what sentence to give the defendant. In the penalty phase the jury is requested to weigh the aggravating factors against the mitigating factors. This proves hard for the jury to actually do. Some jurors believe if there are any aggravating factors they have to immediately rule in favor of the death penalty. When the jury doesn't fully understand the guidelines it leaves them to rely on their own ideas, opinions, and prejudices when coming to a verdict which proves to be extremely flawed and subjective.
Race is another fairly big problem when dealing with the death penalty. According to history and statistical data, African Americans are more likely to be charged and convicted for capital murder; therefore, more likely to face the death sentence. There has also been a history of racial incongruences in regards to the death penalty. Before the Civil war, there was a set of laws called the "black codes." These laws regulated the behavior of blacks in the south. Between 1930 and 1967, of 455 men that were executed for rape, 89% of those men were black. This is speculated possibly be because the rape of a black woman was not considered a crime. African American defendants are more likely to be charged with capital murder than white defendants are, are more likely to be sentenced to death, and are more likely to be executed. African American inmates who are convicted of killing white victims are much more likely to actually be executed than any other race. Almost half (43%) of prisoners on death row are African American. Unfortunately Jurors are more likely to sentence a murderer of a white victim to death than opposed to a murdered of a black victim.
Chapter 17 is about the death penalty. There are currently 35 states that support the death penalty, but Iowa is not one of them. I personally support the death penalty, but only for very serious cases.
When a person is accused of commiting a capital crime, the jury is under guided discretion and follows a two-phase process. The first process is deciding whether the defendant is guilty or not. Once the defendant is found guilty the jury has to decide whether or not the defendant should receive the death penalty or spend life in prison with no chance of parole. The jury has to weigh the characteristics of the murder and the murderer to see if they fit more with life in prison or the death penalty. These characteristics are known as mitigating factors and aggravating factors. The Supreme Court has mixed opinions on capital punishment. Over 30 years ago the Supreme Court decided that capital punishment was not allowed for the crime of rape, but in 2008 they decided that the death penalty was fair for children rapists. As of 2008, six states permit the death penalty of child rapists.
There has been a lot of research done on the death penalty. As a part of the jury selection during a capital crime, the jurors are asked about their willingness to vote for the death penalty. Between 30 to 40 percent of jurors are excused from serving on a capital jury because of their imapaired ability to vote for a harsh punishment.
There are many racial disparities to the death penalty. Back in the day, the rape of a black woman was not considered a crime, but many black men were harshly punished for the supposed rape of white women. The statistic that surprises me the most is that between 1930 and 1967, 455 men were executed for rape and 89 percent of them were black. In 1973 a study was done on 361 rape convictions, and researchers found that the best predictor of the death penalty was the race of the perpetrator combined with the race of the victim. Racial disparities were also involved with capital punishment of murder. Researchers studied 594 homicides and black people were executed 22 percent of the time for killing white people while white people were only executed 3 percent of the time for killing black people. I think that the color of a person's skin should not matter whether or not they receive the death penalty. I think it should solely be based on the seriousness of the crime.
The biggest problem with the death penalty is the wrongful convictions of innocent people. In a study done since 1900, researchers discovered that 416 innocent people were wrongfully convicted and sentenced to death. Out of the 416 innocent people, 23 of them were executed. The part that disgusts me the most is the main reason these people were convicted was because of police error. This is a huge sign that our legal system is flawed. If police officers would have done their jobs correctly the first time, those 23 people would still be alive.
In time for Thursday's, please read the following link: http://www.psychologicalscience.com/kim_maclin/2010/01/i-learned-it-at-the-movies.html as well as the 3 resource links at the…
The United States is one country that still has the death penalty. A lot of countries don’t allow it anymore and the ones that do execute mostly with hangings and shootings. Some countries won’t extradite criminals to the United State if they face the death penalty because they think it is against human rights. Also countries will donate money or legal aid to their citizens who face the death penalty in the United States. It is shocking that for how many are put on death row very few actually make it to the chamber because they die of natural causes before they get there. I also found it interesting that in a ten year span 1461 people were sentenced to death and 570 were actually executed. Most of the states in the America use lethal injection, but some do have the choice of lethal gas chamber, electrocution, hanging, or a firing squad.
The death penalty has been discussed seriously since 1972 where they it was unconstitutional but didn’t know why. This than adapted the laws on the death penalty and would continue to be adapted till present day. In 1976 it was decided that there would be two phases to the sentencing of a criminal this is called bifurcated proceeding. The guilt of the defendant is established in the first trial and the decision to whether or not he was put on death row or not. The second trial is called the penalty phase. The jury was then told to weight the aggravating factors and the mitigating factors. The aggravating factors would lead to death row while the mitigating factors would lead to life in prison. The next step in adapting the laws came in 2002 where they decided that mentally ill prisoners couldn’t be executed. Shortly after this law came the law that the judge couldn’t decide if the defendant was executed or sentenced to life in prison. Three years after these laws came the law that said no juvenile offender shall ever get the death penalty. In 2008, the debate to whether or not a child rapist would receive the death penalty was settled with the result of no unless the victim was killed.
Death qualification is a process followed for the jury. Jury members who are not willing to vote for the death penalty for any reason are excused from being a jury member because they would be a biased member of the jury. This can cause problems though because jury members who are death-qualified are more likely to convict the defendant. Another reason that this process can be a problem is because the jury members think that both the prosecutor and defense already think that the client is guilty. This leads the jury members to believe he is guilty before the trial even begins.
The penalty phase causes a lot of confusion on the jury because they think that if they find any aggravating factors that they have to say the person should go to death row. Also they aren’t sure if the defendant will receive parole or if it will truly be a life in prison sentence. Jurors are unsure at how to weigh the aggravating and mitigating factors. If these definitions are not cleared up for the jurors, than they may fall back on their prejudices and preconceptions to make the decision as to whether the criminal lives or dies. In a mock trial experiment they found out that jurors will change their opinion as to whether the criminal deserves the death penalty based on race and instructions.
Racial discrimination has lasted since the beginnings. Even after laws are changed people still have their stereotypes about different races. In the book it says that blacks who supposedly raped white women were 18 times more likely to be put to death. Race plays a part in the entire legal process. Blacks are more likely than whites to be charged with capital murder, and once they are convicted they are more likely to get the death penalty sentence. Black people get the worst of the legal process because they are seen with bad stereotypes. Also black victims don’t get as much help or justice as white victims.
Executions started out extremely gruesome, slow, and public because it was thought that this would help to deter people from committing crimes. They treated executions like festivals where everyone would come to watch the criminal die. There has been a lot of research done on the deterrence of the death penalty, and as of now the death penalty doesn’t have any effect on deterring people from crime. Some researchers have found that murders increase in the days following an execution; this is called the brutalization effect. The main reason that the death penalty doesn’t deter crime is because people aren’t thinking when they murder someone because most murders are because of passion, fear, jealousy, rage, or hatred. Another reason is because the death penalty is given to about 1% of the criminals, so the chances of actually receiving the death penalty are very slim.
There are errors in our legal system if we like to admit it or not. In a study about the capitol cases in the United States it was found that 68% of death sentences were reversed because something was incorrect, and of that 68%, 82% got a lesser sentence and 7% got non guilty. This can happen because of many reasons. Some of those reasons are as follows: incompetent defense lawyers, faulty or misleading jury instructions, and various forms of prosecutorial misconduct. It has been found that since the 1900 419 innocent people were put to death. Most of these were because either police messed up, prosecution messed up, or there was faulty witness information. A new big development with death penalty cases is that DNA evidence is being used to get people who are innocent off of death row.
Our system is flawed and it does cause innocent people to be killed, but is that okay seeing as so many bad criminals are killed too?
The death penalty is one of the most debated topics in our country today. Thirty-five States allow the death penalty within their borders. Although 70% of States allow the death penalty for certain crimes committed, executions rarely occur. Even in the states that allow the death penalty only will execute someone for an aggravated murder. Of all the murders that occur, only 1% of the murderers get executed. Luckily (or unfortunately depending on your own views), Iowa is not a state that allows the death penalty. Aggravated murder can include murder for hire, murder of multiple persons, murdering an officer of the law, murdering a child, and committing a murder during another murder. One thing that was very interesting about this chapter was that it listed the states and their method of execution. Many of the states listed used lethal injection. Some states allowed the prisoner to choose between lethal injection and electric chair. The interesting part about this was that Oklahoma and Utah still use a firing squad if the lethal injection is found to be unconstitutional. Also, New Hampshire still hangs people which I find to be a bit disturbing.
The decision to pursue the death penalty is based on a few factors. Aggravating factors are factors that support the death penalty. Mitigating factors on the other hand are factors that support a life in prison in contrast to a death penalty. These are factors that take the blamefulness off of the defendant. Also, there are often times issues that arise with the death penalty because of errors. Sometimes innocent people are executed. In a study of all the death penalty sentences from 1973 to 1995 they found that 68% of the sentences were later changed because of errors. 82% of those of which that were reversed ended up getting a lesser sentence than then the death penalty. 7% of the cases that were overturned ended up getting a “not guilty” verdict. For me, this raises a huge red flag. If there are all these people that are getting a not guilty verdict after the fact, what about the people who were innocent that didn’t get the “not guilty” verdict? In a huge study Hugo Bedau and Michael Radelet found that 416 people were wrongfully convicted and sentenced to death. Larry Griffin (executed 1995), Ruben Cantu (executed in 1993), and Todd Willingham (2004) were some of these people who were unfortunately wrongfully convicted and executed. The book did not go into a lot of detail about the cases of these men, but it said to research their cases and decide for ourselves.
The first man is Larry Griffin who was convicted in 1981 of a 19 year old named Quinton Moss. Griffin sat on death row until 1995 when he was executed in Missouri. He maintained his innocence until he died. New evidence can now clear Larry Griffin’s name. The first police officer at the scene of the crime now says that the first eye witness’ information was false, even though he testified with this information in court. A second eyewitness at the crime, that was actually injured by the shooting said that he was never contacted by the prosecution or the defense, and the eye witness that testified at the trial was NOT actually at the scene. So, obviously some errors led to the wrongful conviction of Larry Griffin. Here is a few websites with even more information about Larry Griffin:
http://www.msnbc.msn.com/id/8556687/ns/us_news-crime_and_courts/t/did-missouri-execute-innocent-man/#.T4HsHqu0xuM
http://www.deathpenaltyinfo.org/executed-possibly-innocent
A final interesting fact that this chapter taught me was that if you are facing the death penalty in the United States many countries will not allow you to be extradited. The reason for this is because many countries to do agree with the United States in their decision to continue executing criminals for murders. Although I am not really on one side completely on this issue, I would probably say that overall I am more against the death penalty than I am for it. After reading this chapter, I realized that there are a lot more innocent people are executed than I thought. The problem with this is that if you are in prison and found to be innocent, you are able to be released. If you are found innocent after you’ve been executed, there is really nothing than can be done for you.
Here is a pretty cool article about France not extraditing because of the death penalty. Basically, if the country suspects that the prosecution might seek the death penalty, then they will not extradite and you will be able to stay in that country.
http://news.google.com/newspapers?nid=2199&dat=20010331&id=LSQyAAAAIBAJ&sjid=auYFAAAAIBAJ&pg=5275,5828326
Chapter 17 from the text book was about the death penalty. I have learned a little bit about the death penalty in other classes but after reading this chapter I learned a lot of knew information. The chapter started off by giving a little information on where the death penalty stands now in many other western democracies. It stated that most western democracies view the death penalty as a violation of human rights. I most of the western democratic countries it has been abolished. Some examples of countries that have got rid of it include Canada, Mexico, Australia, New Zealand, all of the countries in Western Europe and most of the countries in Central and South Africa. What I got from this opening part was that the United States was one of the few western democracies that still use the death penalty.
In the United States the death penalty is rarely used from what I have learned in other classes. This Idea was brought up in this chapter. I read that 35 states, the federal government and the U.S military allow the death penalty. Though these different levels of government use it, they rarely use it. In years where the death penalty is often used, only 1% of murderers are executed. What I found to be really interesting is that there are over 3300 people on death row and most of them will eventually die of natural causes before being executed. Maybe the lack of following through on executions plays a role in why the death penalty does not deter people from committing crimes. Most people put on death row are there for murders and other serious offenses and if the death penalty were to deter people from doing these things the rates should be lower. After reading I found this not to be true. What is sort of shocking is that studies show that state that have the death penalty actually have higher rates of these serious offenses than those who do not. This is really interesting and I can’t really come up with an explanation for this.
The textbook went on to talk about another idea of why the death penalty may be ineffective. I learned that our system of capital punishment often has mistakes and errors. Often those who have been convicted of a major crime and sentenced to death often get there sentence reversed. On major study looked at capital cases from 1973 through 1995. They found that 68% of cases were reversed because of errors at trial. Adding on to this, Of that 68% reversed, 82% were given lesser sentences than the death penalty and 7% were found not guilty of the crime they were sentenced to death for. The book explained that most of the convictions are over turned because of incompetent defense lawyers, misleading jury instructions, intimidation of evidence and suppression of evidence. Sadly, this misconduct of the court can lead innocent people to be sentenced to death or imprisoned for life. Hugo Bedau and Radelet noted that there have been 416 wrongful convictions that led to a death sentence sense 1900. In 23 of these cases the person was actually executed. This is awful, our system has killed 23 people because of their mistakes.
Also what I thought was interesting to read about were the methods used to complete the execution. I noticed that the most used method is lethal injection as I would say about 90% of the states use that. The substance used in lethal injections is sodium pentothal. But there were other methods that include electrocution, and before 1994 if you were convicted you could be put to death by lethal gas. Interestingly, in Oklahoma if both lethal injection and electrocution are found unconstitutional then the firing squad method will be used.
The death penalty is by far one of the most controversial topics in American society today. Views on the topic are varied, but when it comes down to it, it is often a question of morality and constitutional rights. I was surprised to learn that America is one of few Western societies that still practices the death penalty. According to the chart given in the chapter, for the states who use the death penalty, lethal injection is the most common method of execution, though prisoners are sometimes given the option of another method such as electrocution, hanging, or firing squad. The Supreme Court has dealt with cases regarding the constitutionality of the death penalty for many years. In the end, discretion regarding the death penalty is first left up to the states for if they want it to be an option and then to jurors who decide the influence of aggravating and mitigating factors. Aggravating factors generally support the sentence of the death penalty, while mitigating factors lead more to life sentences because while they don’t make the crime okay, they make the circumstances surrounding the crime seem less serious. It was sad that while jurors are supposed to give out sentences that mean the difference between life and death, they don’t always understand the task at hand. Judges give vague instructions to jurors who are expected to interpret them to make an appropriate ruling. Often, however, jurors don’t understand what they are supposed to be basing their decision on and they end up using previous experiences and biases to make a decision.
I was shocked to find out that it wasn’t until 2002 that death sentences were no longer to be given to mentally retarded individuals. It seems ridiculous that mentally retarded prisoners had previously been held fully responsible for their actions to the point of being executed for their crimes. I also didn’t know that it wasn’t until 2005 that the possibility of a death sentence for juveniles was revoked. These different circumstances all simply blur the lines of the death penalty and what is and is not okay. Research that has been done on trials for capital punishment, jurors, and statistics of the turn outs of these cases provide some very interesting insight into how the system is working. Jurors for capital murder trials go through a selection process that is much more focused than what a juror on any other trial would go through because of the seriousness of the crime. Attorneys have to gauge a juror’s willingness to at least consider the death penalty as a form of punishment; up to 40% of potential jurors are excluded because of this. In the end, the jurors who are left are considered to be death-qualified because they will consider death as a punishment. Research shows, however, that these jurors are more likely to convict and individual which could be an effect of being death-qualified. Racial disparities have also been shown through research of the death penalty. Many more blacks than whites are convicted, especially in cases of rape. With both jury selection and the data that shows that more blacks than whites are convicted, I think social and behavioral psychology both play a role. I think it is very interesting to learn that those individuals who are death-qualified are more likely to convict; it would be interesting to see how the jury worked out their decisions and how they interacted with each other to make such a big decision.
Another interesting topic brought up in this chapter regarded the purpose of the death penalty and if it successfully achieves its goals. Statistics show that death penalty as a form of deterrence isn’t actually effective because those states which don’t have the death penalty actually have lower murder rates. It is hypothesized that this could be because the death penalty influences an individual’s view of violence and makes the individual less sensitive to violence. Psychology plays a pretty big role here because of people’s behaviors in social environments. Anyone interested in psychology probably looks at those statistics and wonders what could be happening in the minds of those criminals and what other influences are making murder rates higher in states with the death penalty. One would think that the idea of the death penalty as a possible punishment would provide conditioning to criminals to keep them from killing people, but the data simply shows otherwise.
One of the biggest counterarguments to the death penalty is that many innocent people have been convicted but later proven to be innocent because of the use of new technology or other evidence. Many people have been freed because of DNA evidence that brought to light their innocence and proved other evidence, like eyewitness testimony, to be wrong.
This website provides some very interesting information about the death penalty and what is currently going on around the country. It gives information about racial disparities and conviction statistics. It also has information about current research surrounding capital murder trials and talks about Connecticut’s recent repeal of the death penalty as a form of punishment. This is a very useful website with many resources and even state specific information about the death penalty.
http://www.deathpenaltyinfo.org/state-info-link
Chapter 17 is about the death penalty. I was very surprised by the introduction to the chapter. It says that in most Western democracies, the death penalty is not looked highly on, and is not used. In countries where the death penalty is still used, hanging, shooting, and beheading are widely used. This really surprised me because I think of those methods as outdated. Methods such as the electric chair, gas chamber, and lethal injection are only used in the United States. Most prisoners on death row will die of natural causes before they are executed. This whole introduction really blew my mind. I had no idea that the death penalty were only used in a limited amount of places, I did not know that the methods used in the U.S. are only used here, and I also was unaware of how rare executions are!
There has been a long debate about whether or not the death penalty is unconstitutional. Many people believed that the way it was being permitted in 1972 was unconstitutional. Because of this, a series of reforms were approved which guide the discretion of the jurors. If the defendent is found guilty of capital murder, the sentence is decided in a penalty phase. All death sentences are also reviewed by the state supreme courts. After the penalty phase, jurors are asked to look at aggravating factors and mitigating factors. In 2002, there was a ruling put forth that stopped the execution of mentally ill prisoners. Shortly after this ruling, another ruling was made declaring that it is unconstitutional for judges to decide if a sentence should be life in prison or death. The jury is the only body able to do this. Rulings were also made that juvenile offenders cannot receive the death penalty. In 2008, it was decided that if a child is raped, the rapist can only receive the death penalty if the victim dies.
There has also been a history of racial disparities in regards to the death penalty. Before the Civil war, there was a set of laws called the "black codes." These laws regulated the behavior of blacks in the south. Between 1930 and 1967, of 455 men that were executed for rape, 89% of those men were black. This could be because the rape of a black woman was not considered a crime. Black defendants are more likely to be charged with capital murder than white defendants are, black defendants are more likely to be senteced to death, and are more likely to be executed. Black inmates who are convicted of killing white victims are much more likely to actually be executed than any other race. Almost half (43%) of prisoners on death row are African American.
An additional side of the death penalty is the belief that it will deter murder. This is actually not the case, and states that have the death penalty as an option have much higher rates of homicide than states that do not offer the death penalty. The brutalization effect shows that when executions are done, there is a slight rise in the number of murders. It is higher for publicized executions.
A freightening part of the death penalty is that there may be errors or mistakes made in the trial. Looking at cases between 1973 and 1995, 68% of death sentences were reversed because of serious errors during the trial. 7% of these cases when reversed ended up being found not guilty of the crime. In a study of wrongful convictions, it was found that 416 people since 1900 were wrongly convicted of murder and sentenced to death. 23 of those case analysis show that it may have been the case that an innocent person was executed. One of the most important developments in regards to the death penalty is the use of DNA evidence to prove innocence. However, in most murder cases, biological evidence is not available. I find this to be so terrifying that an innocent person may not only be convicted, but they may also be sentened to death.
http://www.deathpenaltyinfo.org/documents/FactSheet.pdf
This website gives information about the death penalty. It says that Florida pays $51 million over what it would cost to give all first degree murderers life without parole. A study in North Carolina found that the death penalty costs this state$2.16 million per execution over the costs of sentencing murderers to life imprisonment. It also says that in 2009, police chiefs ranked the death penalty last among ways to reduce
violent crime
Chapter 17 focuses on the death penalty. The death penalty is not used in many other countries of the world who view it as a violation of basic human rights but the death penalty is still put to use in the United States. Executions are rare in the 35 states that use the death penalty. Most prisoners on death row will die of natural causes before they are executed. Aggravated murder is the only crime that can lead to a death sentence. Murder of a police officer, murder of a child, murder for hire, murder of more than one person, and murder while committing another felony are all crimes that fall under the category of aggravated murder.
In the case of Furman vs. Georgia the Supreme Court ruled that capital punishment was unconstitutional but did not rule out the use of it. Legislatures then redesigned sentencing procedures by limiting the discretion of jurors. Guided discretion statues were formed whose purpose was to make a capital murder trial a two part phase, guilt is the first phase and if found guilty the sentence is determined by the penalty phase. The jurors in the penalty phase are instructed to weigh the aggravating factors and the mitigating factors.
More controversial cases that deal with the Eighth amendment (ban on cruel and unusual punishment) have placed limits on the death penalty. Atkins vs. Virginia made it unconstitutional to sentence a mentally retarded prisoner to death. Ring vs. Arizona made it unconstitutional for judges to sentence a murderer to death or life imprisonment, a jury is now responsible for that. Juvenile offenders are safe from the death penalty after the Roper v. Simmons case.
Jurors who have beliefs that would “substantially impair” their capability to evaluate and sentence someone to death are omitted during the voir dire process in a capital murder trial. With the elimination of non-death qualified jurors this leaves a jury who are more likely to have a guilty verdict and sentence the defendant to death. When faced with questions about their beliefs on the death penalty jurors are already anticipating a death sentence because they think why else would they be asking me that? The research on death qualification was not enough for the Supreme Court to prohibit states from death-qualifying juries.
Research has shown that the best predictor of a death sentence is the race of the offender along with the race of the victim. Black males found guilty of raping white women are 18 times more likely to be sentenced to death than any other race combination. Numerous statistically information that points out racial disparities of death sentences was presented to the Supreme Court but to no avail. The justices said that some unfairness is inevitable because discretion is part of capital punishment, thus rejecting the research on racial disparities.
There is no credible research that provides evidence that the death penalty deters murderers. Rather there is research that shows that executions create a small increase in murders shortly after an execution. The execution may be desensitizing people to killing and relaying the message that killing is justifiable when provoked.
Gary Graham was convicted of shooting man in a parking lot during a holdup on eye witness testimony from a woman who said she saw him through her windshield from across the parking lot. It’s unbelievable that two other witnesses were willing to testify on Graham’s behalf but never did. Jurors heard the testimony and said they would have found him not guilty if the witnesses had testified. In 2000 Graham was executed.
http://www.capitalpunishmentincontext.org/cases/graham
This website goes into more detail on the Gary Grahm case. At age 17 he raped a 57 woman and was arrested for that crime as well as 10 counts of aggravated robbery that he plead guilty to. He was linked to the murder in the parking lot because he used a .22 for his crimes and that was the same kind of weapon used in the parking lot murder.
Chapter seventeen is all about the death penalty. The United States is one of the few countries left that still use this method. It is employed in 35 US states. Aggravated muder is the only crime punishable by death. And less than one percent of these murderers are executed. Aggravated murder can be any of the following: murder for hire, murder of more than one person, murder of a police officer, murder of a child, and murder during the commission of another felony. The Furman v. Georgia case prohibited the way the death penalty was carried out. In 1976 there were reforms made to guide the discretion of jurors. The guided discretion statutes that if someone is found guilty of murder it will be a two phase proceeding. In the first phase the guilt is decided and in the second phase the penalty. After the penalty phase jurors weigh characteristics of the murder and murderer that support a death penalty vs. characteristics that support life in prison. These are called aggravating factors (support death penalty) and mitigating factors (support life imprisonment). Jurors take these into account along with future behavior and the impact the death of the victim had on others. In 2000 it was decided that there would no longer be death sentences for mentally retarded prisoners. Soon after it was decided that judges are no longer allowed to decide if someone should receive the death penalty or life in prison, this is up to the jurors. Next the Court decided against the death penalty for juveniles. Because their decision making and impulse is not fully developed yet. Someone cannot be executed for rape unless the victim dies. Death qualification is used to determine how willing potential jurors are to voting for the death penalty if voted guilty. If someone is not willing to vote for this they will be excused from capital jury, which is about thirty to forty percent of people. Death qualification also has an impact on the attitudes of the jurors towards the defendant. Death qualified jurors are more receptive to aggravating factors and less to mitigating factors. This was seen in Andrea Yates case, which was used to get jurors more likely to come to a guilty verdict. When it comes to the penalty phase jurors are instructed to weigh aggravating and mitigating factors. This proves to be difficult for jurors because of the unclear definitions of aggravating and mitigating factors. In a study concerning race, sentencing and understanding instructions it was found that these factors did have an impact. In the first study white defendant/black victim forty percent of them voted for death. If its a black defendant/white victim fifty-four percent voted for the death penalty. If the jurors clearly understood the instructions white defendants received death penalty forty one percent and black defendants sixty percent. In the past many black males have been executed for raping white women. Even after blacks and whites were equal under law, this racial disparity continued. Of four hundred fifty five men that were executed between 1930 and 1967, 89% of these men were black. After more research it was found that the race of victim/ race of defendant was the biggest predictor of the death sentence. I found it surprising that blacks convicted of raping a white female were 18 times more likely to receive the death sentence than any other racial combination. Also they are more likely to be charged, convicted, and executed. Blacks convicted were sentenced to death in 22% cases where white only 3%. Discrimination of the death penalty still exists today. The death penalty could be viewed as a deterrent and that murder rates should fall if laws change and now have the death sentence. Findings suggest that it doesn't deter murder. Actually they may increased murder rates. Brutalization effect, increase in murder rates following an execution and stronger when it is high publicized. The theory of deterrence is wrong for several reasons: no evidence people weigh the cost and benefits of the murder before, murderers don't believe they will be put to death, and its not known if being executed provokes more fear than life in prison. In a study of death sentences from 1973 to 1995 68% of the death sentences were reversed because of trial errors. And of the cases retried 82% of the defendants received a lesser punishment. DNA testing should be used to make sure that no innocent people are being sentenced to prison or even death. I wanted to learn more about racial disparities on the death penalty. At this site it says over twenty percent of blacks executed were convicted by all white juries. It costs 35-37% more to have death penalty than life without parole.
http://www.deathpenaltyinfo.org/race-and-death-penalty
More than half of the people on death row are colored. In Alabama 65% murder victims are black but 80% of people awaiting execution were for white victims. Blacks make up 27% of alabama population but 63% of the prison population.
http://www.eji.org/eji/deathpenalty/racialbias
The chapter discussed the use of the death penalty. Many countries no longer allow the use of the death penalty because it is denying people of their human rights. In the United States 35 states still use the death penalty, along with the federal government an military. They reserve the use of the death sentence to very serious crimes. For example, at the state level a criminal has to be convicted of a capital murder. At the federal level a criminal must have commited treason, espionage, sending bombs through the U.S. mail, etc. The U.S. relies more on technology for exections that any other county. For example, the U.S. uses the electric chair, gas chambers, or lethal injections. Other countires use hanging, beheading, or shooting. What I find interesting is that the majority of people on death row will die of natural causes before being executed.
Many people challenge the use of the death penalty because it is denying people of their constitutional rights. This is why is 1972 the Supreme Court started making changes to the death sentence. Although they did not erase the death penalty it changed how it was being used. After this ruling many state legislatures changed how they were dealing with the death sentence. They started following what is known as the guided discretion. Where a defendant facing a capital murder charge is tried in two hearings. The first one is for the jury to decide if he/she is guilty or not guilty. The second phase, penalty phase, is where they decide what sentence to give the defendant. In the penalty phase the jury is asked to weigh the aggravating factors against the mitigating factors. This proves hard for the jury to actually do. It is difficult because when they are read the direction most of them don't understand what to do. Some believe if there are any aggravating factors they have to rule in favor of the death penalty. When the jury doesn't fully understand the guidelines it leaves them to rely on their own ideas, opinions, and prejudices when coming to a verdict.
Changes have been made against the death penalty over time. For example, in 2002 the supreme court ruled that the death penalty cannot be used on mentally retarded prisoners. Then in 2005 the court ruled juveniles cannot face the death penalty. Then the U.S. turned to the use of lethal injection because the supreme court said, "the method of lethal injection does not inflict unnecessary or wanton pain and therefore it does not violate the Eighth Amendment's ban on cruel and unusual punishment" (p.380).
Another thing to consider are the jury members used in a capital murder cases. They are screened about the use of the death penalty. If potential jurors seem like they will refuse to use or even consider the death penalty they are dismissed. This leaves a jury who is more pro-conviction. Prosecutors tend to use this to their advantage.
Race is another big problem when dealing with the death penalty. Blacks are more likely to be charger and convicted for capital murder; therefore, more likely to face the death sentence. Jurors are more likely to sentence a murderer of a white victim to death than opposed to a murdered of a black victim. Blacks have had a long hard battle with our judicial system. Before blacks were considered equal to whites, they could have been sentenced to death for a crime that a white person would just have to pay a fine for. Even after they became "equal" they have faced huge discrimination when dealing with crims. What I found very surprising and unsettling is that "a black murder whose victim is white is six times more likely to receive a death sentence than a white murderer whose victime is black" (p.383).
People use to think that the death penalty was used a detterent from keeping others from murdering. This is seen as false. Many studies have shown that where death penalties are used there is actually a higher murder rate than areas where it is not used. Some say this occurs because by executing a criminal it may be justifying murder due to provocation.
What I find most troubling about the use of the death penalty is all the errors that occur along with it. For example, out of all the capital murder cases from 1973 to 1995 68% of the death sentences were reversed becasue of serious errors during trial. Not only that, but since 1990 416 people have been found wrongly convicted of murder and sentenced to death. Of those 416, 23 innocent people had been already executed. I find this very troubling because and innocent life was taken for no reason. Although DNA evidence has decreased the number of wrongful convictions, it still makes me wonder how many innocent people are on death row because of other errors in our court system.
I wanted to learn more about the brutalization effect after reading this chapter. From doing further research, studies of capital punishment have consistently shown that homicide actually increases in the time period surrounding an execution. The first study of the brutalization effect was shown in Philadelphia in 1935. Robert Dann's study showed and increase of about 4.4 homicides from each execution. This helps prove the execution is not a deterrent. The website went on and discussed many more studies and scenarios that showed homicide rates increasing in areas who used the death penalty.
http://www.e-archives.ky.gov/pubs/Public_Adv/nov97/crime_control.htm
Chapter 17 discusses the capital punishment and how it really doesn't help achieve any deterrence in the category of murder. Since the United States has started the rules of executing someone who has committed a crime have changed drastically and probably will continue to change as time goes on. The chapter clearly mentions that states that do not use the death penalty to do not have any higher rates of murder than those states that actually do. I feel that the main point that the chapter was trying to get across is that either the death penalty is wrong or that we really need to take some serious actions in making sure that when we do use it that it is used that way that it is supposed to be used.
Something that really surprised me in the chapter was learning that only a very small number of people who are sentenced to death actually make it the the execution room. I feel like if they aren't going to get executed why would you even sentence them to death in the first place? It also surprises me that even when we can be 100 percent positive that a person really did commit the crime of murder people out there want to make sure that they have a humane death and don't feel any pain. I think that when this is the case no amount of pain in the world that the offender could feel wouldn't even compare to the pain that he/she has caused to who know how many people when they took someone else life away.
One thing that I wanted to find out more about is what type of jury trial is most successful in getting an appropriate verdict as the outcome. Clearly there are a lot of problems when it comes to race and gender and maybe even age with the United States Judicial system and maybe it is time that we look at other methods for finding out if someone is innocent or guilty. From what I can find the thing that would help produce the most accepted forms of punishment in the public eyes is just what we are doing now but making sure the jurors are competent of what they are supposed to be doing needs to be paid more attention to 100 percent of the time and that maybe juries should not get to see trial happen just listen to everything that is said and get to see the evidence to eliminate racial discrimination.
http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/clevslr29&div=12&id=&page=
Chapter seventeen included information regarding the history and use of the death penalty. The death penalty has been discussed and revised since the early 1970's to the present day in the United States. The process of bifurcated proceeding was established in 1976 where two separate trials are used to first decide if a suspect is guilty, and then the penalty phase is when the jury will determine between life in prison and death row. To make this verdict, jury members look at two main factors called aggravating and mitigating factors. Mitigating factors lead to life in prison while aggravating factors contribute to death row sentences. Of the 35 states that have the death penalty, criminals who commit aggravated murder are sentenced to death row. Aggravated murder may include killing multiple people, a law officer, a child, or committing murder for hire. However, if a juvenile or insane person commits this crime, the death penalty law has been revised to exclude them from this sentence. Additionally, non-citizens may receive aid from their home country if they are sentenced to the death penalty in the United States.
There are many complications surrounding this topic. One issue is the lack of support. As the book points out, the United States is one of the only countries using the consequence. And within the United States, each state has their own law and even their own method. The most common method is lethal injection; however, some states allow the perpetrator to choose between that and the electric chair. Shockingly, Utah and Oklahoma use a firing squad, which probably has some serious psychological negative side effects for those officers on the squad. The book also points out that New Hampshire has still hung people, which I could not believe.
Other complications involve the jury members' prejudices. They are excused from their duty depending on biases they may have. Moreover, they are easily confused because they are not sure if their vote will actually lead to the death penalty or not (as only 1% of criminals are even given the sentence) or if they will serve a life sentence without parole. During a mock trial experiment, it was discovered that jurors are influenced by and will change their opinions based on race. Studies show that African American criminals and victims receive harsher penalties and less justice respectively.
Mistakes are made within every profession, but it is exceptionally concerning when they happen within law enforcement. 68% of capitol cases had their sentences reversed because of new evidence--usually DNA--coming to the surface. An example provided is of a man named Larry Griffin who was wrongfully convicted in 1981 and killed in 1995 for murder. In this particular case, eye witness testimony proved to be faulty. Even though most of the people on death row end up being on it for so long that they die from natural causes, it is still a mistake we cannot afford (literally) to make.
Chapter 17 is all about the death penalty going into thoughts or views worldwide and some measures to change or prevent the usage of the death penalty. Now there has been a wide discussion whether it is ethical for a government to decide whether or not to take the life of a criminal based on the “seriousness” of the crime.
Now most countries have started to abolish the death penalty. These countries are mostly democracies and they are in the western hemisphere. On that note the United States of America is one of the few who still sentences offenders to death. Most countries don’t agree with the fact that the United States still practices this. What I have learned through my four years at UNI is actually beneficial for reading this chapter. The reason is because I have gone through many studies on this area and what I have found is that the death penalty has so effect on the deterrence of crime. So why would a government implement it.
Now going into further detail there are only a small fraction of offenders, more specifically murderers, who are sentenced to death. Now to dig deeper prisons and incarceration is meant to incapacitate offenders until they are at “no risk” or they serve out the punishment given to them. Now the thing that goes into this statement is that the death penalty is used on those who just simply can’t be rehabilitated back into society. I personally have a biased opinion on the death penalty. When I lived in Louisiana my friend’s mother was killed by a serial killer named Derrick Todd Lee. He was a very disturbing man who needed to be sentenced to death, which he was. I feel that it eliminates monsters from society. But on the same note it needs to be used sparingly and there needs to be 100% of the evidence that backs up that conviction to innocent people don’t die. I would not be surprised if the death penalty was abolished I America simply because only about 35 states currently use it, and to make the European Union happy and on our side.
Chapter 17 is all about the death penalty going into thoughts or views worldwide and some measures to change or prevent the usage of the death penalty. Now there has been a wide discussion whether it is ethical for a government to decide whether or not to take the life of a criminal based on the “seriousness” of the crime.
Now most countries have started to abolish the death penalty. These countries are mostly democracies and they are in the western hemisphere. On that note the United States of America is one of the few who still sentences offenders to death. Most countries don’t agree with the fact that the United States still practices this. What I have learned through my four years at UNI is actually beneficial for reading this chapter. The reason is because I have gone through many studies on this area and what I have found is that the death penalty has so effect on the deterrence of crime. So why would a government implement it.
Now going into further detail there are only a small fraction of offenders, more specifically murderers, who are sentenced to death. Now to dig deeper prisons and incarceration is meant to incapacitate offenders until they are at “no risk” or they serve out the punishment given to them. Now the thing that goes into this statement is that the death penalty is used on those who just simply can’t be rehabilitated back into society. I personally have a biased opinion on the death penalty. When I lived in Louisiana my friend’s mother was killed by a serial killer named Derrick Todd Lee. He was a very disturbing man who needed to be sentenced to death, which he was. I feel that it eliminates monsters from society. But on the same note it needs to be used sparingly and there needs to be 100% of the evidence that backs up that conviction to innocent people don’t die. I would not be surprised if the death penalty was abolished I America simply because only about 35 states currently use it, and to make the European Union happy and on our side.
Before I began reading this chapter, I grew rather excited as this is one topic which I have been rather uninformed about. What I knew about the death penalty was restricted to how the prisoner dies and the prisoner privileges/rights the day of the execution. I also figured the electric chair would still be in use in some capacity, but I see that it is not. Table 17.1 was my favorite section of our reading as it goes into detail state-by-state on methods of execution. I was amazed at just how many states have adopted a strict lethal injection policy when it comes to the method of execution. Go figure that that unique state of California remains one of very few that offer the gas chamber. It was also surprising to find out that hanging is an option in Washington. To be quite honest, if I would have had to guess which state still used the noose, I would have listed 40+ other states before Washington (Texas, 'Bama, & Louisiana to name a few) I suppose as long as these alternate methods are choices to the prisoners, I don't see any of this being a big deal at all.
I had no idea that the death penalty has been abolished in Mexico and Canada. I'm beginning to think that Mexico may in fact need harsher penalties to curb the recent crime surge. Perhaps it's time for them to re-think their death penalty laws. There are way too many innocent civilians getting caught up in the brutally sadistic drug trade. Children are staying home from school for fear of being hurt or killed (getting caught up in crossfire). When incredibly violent criminals know that the worst sentence they can get for ANY crime is life in prison, they can't and won't be stopped. Mexico needs to bring back the death penalty before it becomes a land of lawlessness.
I am a firm believer in eye-for-an-eye justice. A cold-blooded killer belongs in the ground with his victims. I am aware that this is a hardcore stance I am adopting, but there is far too much injustice in today's world. As I stated earlier, if there is not fear of an eternal punishment, then the most vile criminals will thrive. It is appalling that less than 1% of murderers are given the death sentence. I agree that the number should be low. Only the worst of the worst deserve the death penalty. Charles Manson is a prime example of someone who should not be breathing the same air as you and I. He has never had to endure the kind of pain and suffering that his victims and their families and friends still endure to this day. He needs to be held accountable for what he has done in this life.
Some new terminology to me in this chapter included the terms guided discretion, aggravating factors and mitigating factors, death qualification, as well as the brutalization effect. Guided discretion is defined as the use of special instructions and procedures to control the descretion of jurors in capital murder trials. Aggravating factors are circumstances of the crime that increase the seriousness of the offender's crime. Conversely, mitigating factors are circumstances of the crime that lessen the severity of the crime. Death qualification is a process during the voir dire where jurors are asked questions about whether they would vote for or against a death sentence if the accused is found guilty. Lastly, the brutalization effect refers to increases in murders following an execution.
I pretty much agree with all of the court decisions talked about in the chapter. I especially think that there should not be one sole judge who determines the ultimate fate of a man. This MUST be left to a jury. 2 of the justices who were in favor must want to play God. Obviously these 2 believe that they are more fit to make life and death decisions that an entire group of people. I'd like to know which 2 judges voted in favor and why. I agree that the mentally disabled as well as juveniles should not be put to death. Juveniles need to be rehabilitated rather than severely punished. Lastly, I strongly believe that rapists should be executed. The victim will be haunted and affected for the rest of his/her life. Rape is the highest form of disrespect and dishonor. There is no scum more filthy than a rapist.
I have always been aware of the racial bias present throughout our nation's history, particularly as it pertains to our legal system. It doesn't surprise me at all that 89% of the men executed between 1930 and 1967 were black. This was during a time when black were beginning to fight for their rights. Whites were afraid of blacks gaining more rights and were inclined to use approaches such as these to stifle progressive black movements. I was definitely not aware that the numbers were so biased today. One of the most shocking statistics is that blacks who kill whites are four times more likely to be charged with capital murder than blacks who kill blacks. This is now. That's craziness. Even more shocking is the death sentence being 4.3 times higher for murderers of whites than for murderers of blacks.
I most certainly would have bet that in countries with no death penalty, crime would increase. Apparently, data from studies done by Donohue & Wolfers in 2006 and Sellin in 1980 seem to indicate otherwise. I don't fully comprehend the results of the study. Detroit is an incredibly violent city. There is no city in any of the other states with the exception of maybe Cleveland, OH that could even stand on the same ground as Detroit, let alone Michigan as whole. You mean to tell me there are more homicides in North Dakota than Michigan? If this is true, that's the grand shocker of them all. I may just be misinterpreting the data. Let's hope so.
DNA has been a godsend to those who would have otherwise been wrongly convicted. I'm glad that those who otherwise would have unjustly led meaningless pitiful lives in prison can now live life as they were meant to - free. I would like to know why the LAPD is destroying biological evidence. Unreal.
I wanted to know a little more about Gary Graham's case. This website gives us a look at how Texas murdered Graham "in cold blood". I felt sick when I read how he was treated prior to his execution. I also once remember my dad talking about how much he hated Chief Justice Rehnquist. After reading this, it wouldn't surprise me if Rehnquist was one of the two who voted for the power to execute in Ring v. Arizona.
http://www.wsws.org/articles/2000/jun2000/grah-j23.shtml
Chapter seventeen discusses the death penalty and issues that surround it. The death penalty has always been a rough subject to discuss. Many feel that it is unconstitutional and breaks a person’s right to the eighth amendment. However, others view it as the correct punishment for someone who has committed a heinous crime. Different cases have gone through the court process suggesting both fashions like the Furman vs. Georgia case. Gregg vs. Georgia put the guided discretion statuses in place. This is a two-step process that a jury must go through before obtaining decisions for the death penalty on someone. The first step is to decide if the defendant is guilty or not. After that has been decided, the second step is the penalty phase. This is when the jury deliberates on if the individual should be sentence with the death penalty. Jurors use aggravating factors and mitigating factors in order to come upon this decision. Along with these cases, other cases have abolished the death penalty for mentally retarted individuals as well as juveniles.
Jurors used to be selected for capital trials based on their belief in the death penalty. It was called the death qualification. If they couldn’t be open to voting for someone to have the death penalty, they were not allowed to be a part of the jury. This affected the outcomes of death penalty cases greatly. Jurors that are qualified in the death qualification are more likely to vote yes during a case. These cases are extremely different than normal cases. Usually, jurors are deciding if a person is guilty or not. In these cases, jurors have to ask themselves “should the defendant be killed in the execution chamber?” Once again, the only thing to help jurors are aggravating and mitigating factors. It is a tough role as a juror.
Race still plays a large role in our society. The court room is no exception. In earlier years, blacks had their own set of laws called “The Black Code.” Blacks were treated much more harsh for the same crimes that a white man committed. For example, a black man would be executed if he stole something whereas a white man might pay a fine. In executions, 89% of the total were consumed by black men. Race plays a large role in any type of crime. Black defendants are more likely than white defendants to be charged with punishment, especially capital murder. The book states that “blacks who kill whites are about four times more likely to be charged with capital murder than blacks who kill blacks.” In today’s society, race doesn’t necessarily account for victimization as they are both relatively equal. However, a black individual is six times more likely to receive the death penalty than a white individual.. It is crazy to think that even today our society is still so racist. It is extremely hard to overturn a case based on racial discrimination because of how hard it is to prove.
Today, the death penalty is seen as a deterrent for murder. Executions used to be public town gathering and enjoyable. However, studies show that executions have no influence on crime; it may even increase it. Two hypothesis are derived for the death penalty. First, it is suggested that states that have the death penalty should have lower rates of crimes. However, many studies have shown that states with the death penalty actually have higher rates of crime. Secondly, it suggests that crimes should fall and rise due to the change in the death penalty. This is proven false as well.
Another large downfall to the death penalty is errors and mistakes. Often, trials are not perfect and problems arise. There are errors in many different aspects. Punishing a person with such a serious outcome is a difficult task. The most troubling reasons is wrongful convictions. There are numerous wrongful convictions a year. That means we are killing people who are innocent. DNA has become an important role in these trials helping avoid these wrongful convictions.
This was the most intriguing thing of the chapter to me. I can’t imagine punishing an innocent person, let alone taking their life. I decided to look up more information on this. The website I found gave stories of ten people that were found innocent after they had already been executed. They were really interesting to leave. Some of them were due to false evidence or people who gave a false testimony. It would be an awful way to have to die. I can’t imagine being their family and finding out the truth but not being able to bring them back.
http://listverse.com/2010/01/12/10-convicts-presumed-innocent-after-execution/
Chapter seventeen talks about a very controversial topic in today’s legal system. The death penalty is an issue that many people debate over whether it is right or wrong. The United States is one of the very few countries that still use the death penalty today. Seventy percent of the states in the United States use the death penalty. Iowa does not have the death penalty. Even then many people believe that the death penalty is unconstitutional. Since there is such a debate over the death penalty, it also becomes a very complicated system. There are two parts to the sentencing of the death penalty. Obviously, first it needs to be decided that the perpetrator is guilty. After that there are aggravating factors and mitigating factors. The affarvating factors are those that would lead the accused to the death penalty where as the mitigating factors are those that favor a life in prison. Because the jury is the one who decides the accused fate, this can be a problem with the controversy over the death penalty. So obviously these jury members would always make the choice of a life in prison, making them bias and unable to make an objective decision. So these people are excused from jury duty.
Though the death penalty isn’t exactly a pretty picture, it has definitly evolved over time to a much cleaner deed. Executions used to be public and very brutal. Some of the popular methods were hanging or a beating/whipping. Now the most common method in the United States for the death penalty is the lethal injection. However hangings are still used, though extremely rare. Other methods include electrocutions and shooting, though we have moved away from thouse and more towards the lethal injections.
One surprising thing that I learned while reading this chapter was that though the death penalty can be a ruling, it is very rarely carried out. Only about one percent of the perpetrators that are sentenced to the death penalty actually have to go through with it. Most of the people who are sentenced end up living their life in jail and instead die of natural causes.
Some people are excused from the death penalty. It was ruled that people who are considered mentally insane are not subjected to the death penalty. However as we have all learned in previous chapters and in our class lectures, this doesn’t make a huge difference since being delcared mentally insane in the court of law is very rare. Juveniles/minors are also excluded from the death penalty, unless they have raped and murdered their victim(s).
A big issue with the death penalty is how unfortunately the legal system doesn’t always work. Unforntunately there are times where people who are innoncent end up imprisoned. This is obviously terrible and horrific. So then you bring up the question of wether there are people who have been executed who have been innocent. According to the text, there is a good chance that twenty three cases of the death penalty have murdered innocent victims. The thought of this makes me sick and also makes me not in favor of the death penalty. For those people who have actually committed horrific crimes, there are some things worse than death.
Chapter 17 is all about the death penalty. There have been many challenges to the death penalty and it is usually based upon the 8th amendment right against cruel and unusual punishment. A case in 1972 called Furman v Georgia, was an instance where the Supreme court ruled that capital punishment was unconstitutional. Technically it didn't outlaw the death penalty it only prohibited the way it was being carried out at the time. Today, about 35 states have reinstated the death penalty.
One problem surrounding the death penalty is the bias in the jury members. There has, however, been an attempt at a solution to this problem. During the process of voir dire, potential jurors in capital murder cases are questioned about their stance on the death penalty and are asked about how willing they would be to vote for the death penalty if the defendant is guilty. In the Supreme Court case of Wainwright v Witt, the Court ruled that jurors whose beliefs impair their ability to consider of impose a death sentence must be excused from serving on a capital jury. This helps to eliminate some of the bias jury members from being apart of a jury and pushing unfairly for the death penalty.
Another problem surrounding the death penalty is race. Analyses of death penalty cases indicate that race impacts several stages of the legal process. Black defendants are more likely than white defendants to be charged with and convicted of capital murder. Not only is the race of the perpetrator important but so is the race of the victim. If the victim is white prosecutors are twice as likely to go for the death penalty than if the victim is black. A study showed that blacks convicted of killing whites were sentenced to death in 22% of capital cases whereas with a white person convicted of killing a black person received a death sentence 3% of the time.
One scary part about the death penalty is the mistakes that can be made within the legal process. In a study done about capital cases between 1973 to 1995, researchers found that 68% of death sentences were reversed due to errors at trial. In these reversed cases, 82% of defendants were given a lesser punishment and 7% of the defendants were found not guilty. One thing that has helped lower these errors and mistakes is the advancement of technology. The use of DNA evidence has been helped to prove the innocence of people and get them off of death row.
One source of legal punishment has always seemed to draw the broadest attention and reverence in any legal system. That is the death penalty. Chapter seventeen focuses on the death penalty, research involved conducted over capital cases, racial components invovled, and extra details that further enhance the inherent interest in death penalty cases.
Following the Supreme Court decision in Furman vs. Georgia, the death penalty was readjusted by most state legislatures in order to fit a humane a process as possible. The application of a system of guided discretion in which the jurors would decide a capital case in two phases, one with the verdict and one with the sentence style, also helped to further the humanitarian approach to execution. Further components such as aggravating factors, elements which add relevance to a defendant being executed, and mitigating factors, elements which make a defendant more likely to spend life in prison, also add to the process. Interestingly, this period of vast judicial expansion also introduced this area to the idea that the death penalty might be an appropriate tool to use on child rapists. In fact, there are currently eight states that actually have death penalty laws in action for child rapists. However, none have successfully tried a suspect with the death penalty concerning these circumstances.
Race has always been heavily involved in the process of executions, especially in the South. Following the Civil War, the Black Codes made minor infractions such as thefts bad enough for a black individual to be sentenced to death. Although predjudice and discrimination has faded, the component of race was prevalent in death penalty cases of the South. This was especially true for cases that involved the crime of rape and black suspects. The mid twentieth century witnessed the execution of over four hundred men for the crime of rape alone, with ninety-percent of them being black males. Another study found that black men convicted of raping white women were nearly twenty times as likely to be sentenced to death. Furthermore, prosecutors are also more likely to seek the death penalty on individuals who have committed a crime against whites in comparison to black victims.
The death penalty has evolved over a long existence that is has shared with humanity. Large public executions were often performed in major European cities up until the eighteenth century. This can explain the possible belief that the death penalty deters murder. However, states with the death penalty tend to have a higher murder rate than those with it. This interesting statistic proves some credibility to a component known as the brutalization effect. The brutalization effect is the idea that executions may decrease an individual's sensitivity to violence and make them more prone to the idea that murder is a justified response to serious provocations.
One thing that is potentially problematic with the capital punishment is the possibility of mistakes that are made at the trial level. The gravity of such mistakes is so massive at in capital cases that it is important to highlight where errors have been made. The worst of all mistakes that can be present is those of wrongful conviction. Situation like this are often attributted to errors made by police, prosecutors, witnesses, or misleading evidence during the trial portion of a crime. Fortunately, the use of DNA to exonerate individuals on death row has been able to counter some of these terrible errors.
The Death Penalty has long been a part of the legal and social systems of countries across the globe. It is not completely foolproof however. Here in the United States issues about race stereotypes still continue to leave an unfair conviction and execution rate in place. Furthermore, the wrongful conviction of individuals has led to the wrongful and tragic executions of such people. The Death Penalty will continue to play a major role in the justice system of this country, so long as we the citizens continue to believe in death as a form of justice.
Chapter 17 was all about the death penalty, and the controversy that surrounds it. Before reading this chapter, I had very limited knowledge about the death penalty. The death penalty is still allowable in the United States; however, it’s not accepted in many other countries. The death penalty is a very controversial subject in the United States. 35 states in the U.S. use the death penalty, Iowa is not one of them. The death penalty has been a part of the United States since the early 1970’s. The methods and rules regarding the death penalty have been revised and changed multiple times up until this point. They will continue to change and develop in the future. Most of the states in the America use lethal injection, but some do us the lethal gas chamber, electrocution, hanging, or a firing squad.
This chapter states that capital punishment is virtually ineffective. The statistics show that crime rates are not any lower in areas that do enforce the death penalty. In fact, many studies have shown that where death penalties are used there is actually a higher murder rate than areas where it is not used. Some say this occurs because by executing a criminal it may be justifying murder due to provocation. Also, only a small number of people on crime row actually end up executed. Many die of natural causes before they get there.
The decision to pursue the death penalty is based on a couple factors. Aggravating factors are factors that support the death penalty. Mitigating factors on the other hand are factors that support a life in prison in contrast to a death penalty.
One of the biggest concerns regarding the death penalty, is the possibility of killing an innocent person. As we have learned, the judicial system can often make mistakes. One statistic that I found especially shocking was that it has been discovered that 416 people since 1900 were wrongly convicted of murder and sentenced to death. 23 of those case analysis show that it may have been the case that an innocent person was executed. Looking at cases between 1973 and 1995, 68% of death sentences were reversed because of serious errors during the trial. 7% of these cases when reversed ended up being found not guilty of the crime. One of the most important developments that could potentially help decrease the number of innocent people sentenced to death is the the use of DNA evidence to prove innocence. However, in most murder cases, biological evidence is not available. I don’t think we should be sentencing people to death if we can’t prove without a doubt that they, indeed, committed the crime.
Another unfortunate component of the death penalty is that race seems to play a large role in the sentencing. Research has shown that the best predictor of a death sentence is the race of the offender along with the race of the victim. Black males found guilty of raping white women are 18 times more likely to be sentenced to death than any other race combination. Of four hundred fifty five men that were executed between 1930 and 1967, 89% of these men were black. After more research it was found that the race of victim/ race of defendant was the biggest predictor of the death sentence.
I found this interesting website that discussed more facts regarding the death penalty. One of the discussion ideas was whether or not juveniles should be sentenced to death. I was shocked to discover that this could ever be justified. I can’t think of a situation that would justify killing a child.The first time a teeneager was sentenced to death was in 1642, when a 17-year-old in Plymouth Colony n Massachusetts was hanged. Grauger was executed for having sex with anmals. Juvenile death penalty laws were in place in 19 states until March 1, 2005, when the Supreme Court ruled that the Constitution forbids the practice. The youngest American put to death in modern times was a 14-year-old executed in South Carolina in 1944. George Junius Stinney was black and was convicted of murdering two white girls with a railroad spike.
http://www.cbsnews.com/htdocs/capital/framesource.html
Chapter 17 begins with interesting information about the views across the world about the death penalty. The entire first page was flooding with interesting information which I did not know about. To be honest, I did not know much information about the death penalty before reading this chapter besides how we perform it and how expensive it is to perform. South Africa finds the death penalty unconstitutional and most counties in Central and South America abandoned it but only those with extraordinary crimes are put on the death penalty. There was a large amount of information which was very new to me just in that first paragraph. What two things I found most interesting were: 1. The electric chair, gas chamber and lethal injection are only used in the United States for the death penalty. 2. Old death penalties are still widely used such as beheading and hanging. As I kept reading through the first page, I found out less than 1% of murderers are executed which left me wondering how only a 'lucky' few get the death penalty and so many others escape it. What was even more interesting about this fact was most of the people on death row die of natural causes before they are taken to the death chamber. On the following page I read through the table with each states method of execution for the death penalty. It is very interesting how each state differs with how a person is put to death for their crime. I did not see Iowa on there which was the first time I had even thought about if Iowa had the death penalty or not.
The next part of the chapter discussed Supreme Court decisions. In Gregg v. Georgia, the Supreme Court made the death sentences mandatory for certain types of murder and approved a series of reforms to guide jurors discretions. In the guided discretions, defendants accused of murder are tried in a two phase proceeding. Whether the person is guilty or not is decided in the first phase. If they are found guilty, the sentence is decided in the second penalty phase. At the end of this phase, jurors weigh the characteristics of the murder and the murderer, these are known as the aggravating factors. Those characteristics are weighted against those characteristics that support a sentence of life imprisonment which are known as mitigating factors. The mitigating factors reduce the defendant's blame and makes execution less appropriate. I found this very interesting because I was unaware of the process in which jurors deliberated the death penalty. Psychology was evident in this portion of the chapter when referring to the Atkins v. Virginia case which put an end to the execution of mentally disabled prisoners. Psychology was present in this case because the mental prisoners have disabilities in reasoning, judgment, and controlling their impulses. In a somewhat recent case in 2005, Roper v. Simmons, the court abolished the death penalty for juvenile offenders. This was also due to the psychology of adolescents regarding their less developed impulse control, rational decision making and long-term foresight.
Research on capital murder trials included the process of death qualification. I found it interesting how during voir dire, potential jurors in capital murder cases are asked about their willingness to vote for the death penalty if found guilty. If a potential juror does express a lack willingness to consider it a punishment, he or she is not allowed to serve on the jury. I found this fact information interesting. death-qualified jurors are more likely to vote to convict the defendant are tend to be more receptive to aggravating factors and less recepting to mitigating receptors. It was interesting what the jurors said when they were interviewed after serving on a murder trial about the aggravating factors and mitigating factors. They were unsure of what each of the factors were defined as and the judge did not help clarify the definition of each which made it difficult for the jurors.
Racial disparities come into play in the death penalty as well as everywhere else in the court systems. What was very interesting to me about this part of the chapter was how 89% of the men executed for rape were black men. The researchers who found this out found the best predictor of the death sentence was the race of the offender as well as the race of the victim. Black defendants are also more likely than white defendants to be charged with capital murder and are more likely to be convicted as well as sentenced to death. If a victim of a crime is white, prosecutors are more than twice as likely to seek a death sentence than a black victim. Blacks who kill whites are four times more likely to be charged with murder than the other way around. These facts I have just stated irritated me but they did not shock me because we are constantly reminded of these horrible statistics but yet nothing changes.
The death penalty as a deterrent to murder came next in the chapter. Before the 1700's, the death penalty was used as a festive public event in order for the people watching to be afraid of such punishment for committing a crime. Executioners in Germany would smash bones of the person's legs and arms before slaying them in the throat. In England, decapitated heads were displayed at crossroads and on the London Bridge as a warning to fellow citizens. This shocks me. I had no idea people's heads were put on the bridge the warn people as they are on a innocent drive across the bridge. This would definitely work to keep me from committing a crime but my morals do justice for me without seeing decapitated heads. What was interesting about this part of the chapter was the findings of states with he death penalty have higher rates than states without the death penalty. The brutalization effect is when the executions stimulate an increase in murders in the weeks following an execution because it desensitizes people to killing and sends the message of killing as an appropriate response.
I found the errors and mistakes in death penalty cases portion very interesting. I was shocked by the statistics of 68% of death sentences being reversed due to errors at trial. This makes me empathetic towards some of the people living on death row for a crime he or she did not commit but the fact they may have had a bad lawyer or had an interrogator trick him or her into thinking they did it makes me very mad. I would never want to be stuck on death row for a crime I did not commit but did not have the jurors on my side. The main causes for the death penalty to be performed on the wrong person are because of police errors, prosecutor errors, witness errors, misleading evidence, forensic science errors, and incompetent defense lawyers. There are many factors which may go into a wrongful conviction which really makes you wonder which people are innocent that are being put to death for a crime they did not commit. What really helps with this problem is the recent development of DNA evidence to prove innocence. This makes it easier to prove someone's innocence than ever before.
Psychology is evident in the cases which involve race. Some people psychologically have bias or are racist which does not help the person's case. These people also include cops which will arrest and interrogate someone differently according to race as well as set up a poor lineup in which the wrong person may be convicted for a crime he or she did not commit. Psychology is also present when the jurors go through the two phase process of determining whether someone will receive the death sentence or not. People who are more in favor of voting for the death sentence look more at the aggravating factors rather than the mitigating factors leaving them less sympathetic towards the defendant. They enter the case with a natural bias against the defendant.
I decided to look further into the death penalty as a deterrent to murder:
http://deathpenaltycurriculum.org/student/c/about/arguments/argument1a.htm
The above website is pro-deterrence. This site goes into explaining a study performed by Isaac Ehrlich which came out with results saying for every inmate who is executed, seven lives are spared because others were deterred from murder. This finding really made me think about how this study was performed and how you could come up with those results. It also states how some statistical studies are inconclusive, but the death penalty does in fact work because death is what everyone fears most.
http://www.registercitizen.com/articles/2012/04/07/opinion/doc4f80f82fcc49d815124180.txt
This site above is an interview with Don Pesci on the death penalty on April 7, 2012. I completely agree with his answers to the questions about the death penalty deterring crime. He said deterrence cannot be accurately measured, but we assume it works because when we were young and punished by our parents, we would usually refrain from committing the act again. He also stated how polls showing that murder is deterred or not deterred by capital punishment is guesswork and we do not know as a fact if it works or not, we are simply guessing.
Chapter seventeen deals with the death penalty. Something that is an ongoing debate just about everywhere. Is it right? Should we be deciding whether someone lives or dies? Thirty-five states in the US plus the Military and Government can issue the death penalty. Clearly the vast majority of people see the death penalty as acceptable. In the case of Gregg v. Georgia, and other cases like it, the Supreme Court made the death penalty mandatory for some types of murder. However, a series of reforms were put in place with the idea that they would aid jurors to using discretion when deciding. Deemed guided discretion statutes, those up who had capital murder went through a jury that had a two-phase procedure. Whether they are guilty is decided in the first phase. The second is responsible for whether they will receive the death penalty or life in prison without parole.
During the last part of a trial in which capital murder is the charge, jurors are asked to look at the characteristics of the murder and the murderer that support a death sentence, which are referred to as aggravating factors, against the characteristics that support a sentence of life in prison, which are mitigating factors.
Research has shown that death qualification is something that can affect who gets on a jury and the attitude of a juror toward the defendant. Death-qualified jurors are more likely to vote guilty but they also are more receptive to aggravating factors than mitigating. It was argued with the Andrea Yates trial that the prosecutor wanted to charge her with capital murder so a jury that would be more likely to find her guilty would be put together. Although she was found guilty of murder charges, when it came to sentencing, the prosecution didn't try hard for the death penalty. In fact, the prosecutor preferred she be given life over the death penalty.
The issue of race also couldn't escape the death penalty. Before the civil war, "The Black Codes" regulated how blacks acted. They could be sentenced to death for something as petty as theft, whereas whites could simply pay a fine and be done. Researchers have found that the race of the victim tends to be important in a murder charge, as well as the race of the person charged. If the victim is white, the death penalty is twice as likely to be sought out. And if a black kills a white person, than it is four times more likely to be sought out. These findings were in 1998, however more recent studies have still found discrimination in death sentences. Especially when it comes to the race of the victim. A black murderer who kills a white person is six times more likely to get the death penalty. This being found as recently as 2006.
Some think that the death penalty is a deterrent to murder, however studies that have been done in states with and without the death penalty have found that the states that do have the death penalty actually have much higher rates of murder than those without. Another hypothesis formed is that murder rates will either increase or decrease when the death penalty law changes. The thought behind this is that if a state gets rid of their death penalty, if even for a short amount of time, murder rates will rise. On the other side it is predicted that if it is put in place than murder rates will decrease. This hypothesis has also been found to be unsupported. No evidence has yet been found that the death penalty lessens murder rates.
Like everything in life, there are unfortunately sometimes mistakes when it comes to the death penalty. Sadly, hundreds have and still are put to death wrongfully. Though with DNA now our system is working harder than ever to exonerate those who have been wrongfully accused and catch those that are guilty. In 2010, it was found that as many as 140 people were set free because of DNA evidence that proved their innocence.
The death penalty is an argument that will never end. People will always have their opinions on whether or not is is right and just. I think the best thing we can hope for is that those who deicde the death penalty should be sought are using it for the worst of the worst people and that they seriously consider what they are about to do to someone and make sure it is the right decision before they make their final choice. The death penalty is something that should never be taken lightly, especially with the knowledge that sometimes we are wrong. Hopefully with DNA progressing and other areas in crime progressing as well, we can be more certain as time goes on that we are convicting the right people. Giving us a little more peace that when someone is given a death sentence we will at least know it is the right person.
Chapter 17 is about the death penalty. The opening story gave a variety of different facts about the death penalty. I didn't know that in the following countries: Canada, Mexico, Australia, New Zealand, and all the countries of western europe the death penalty was abolished. South africa in 1995 made the death penalty unconstitutional. Central and South America only use the death penalty when someone commits treason. It was interesting to learn that only 35 states in the united states support the death penalty. I knew the federal government and the military supported the death penalty but states have the right to decide whether or not the death penalty is used in them. I also didn't know that less than 1% of murders are executed. The states that use the death penalty only give a person the death penalty if they commit an aggravated murder. The definition of aggravated murder depends on the discretion of the state the murder lives in. Aggravated murder includes: murder for hire, murder of more than one person, murder of a police officer, murder of a child, and murder during the commission of another felony. Illinois only uses lethal injection as their form of death penalty but if it ever becomes unconstitutional then electrocution would be used instead. Iowa is one of the states that doesn't support the death penalty.
Under guided discretion people who defendants accused of committing capital murder are then tried by juries in a two-phase proceeding. If guilt is decided in the first phase then either death by execution or life in prison without the possibility of parole is decided in the second penalty phase. If the jurors weigh the characteristics of the murder and the murder that support a death sentence those characteristics are called aggravating factors. Jurors against the support of the death penalty and those supporting life in prison these characteristics are called mitigating factors.
I believe that lethal injection is humane. There sometimes are complications when it comes to killing people with lethal injection but I believe it's the most technologically advanced way to kill an individual. I feel that in the history of execution there has been numerous senarios where error has occured while attempting to execute someone. I feel that continuing training on the process of lethal injection will only help but to limit the amount of error that could occur during the process of lethal injection.
Racial disparities and the death penalty was a very interesting and eye opening chapter. Between 1930 and 1967, there were 455 men that were executed for rape. Of the men who were executed 89% of them were black. This didn't surprise me but I know that it wasn't fair at all. From reading the statistics on discretion against black individuals I know that there has to be biased decisions due to race. In 1973 a study concluded that if a black man raped a white woman they were 18 times more likely to be sentenced to death that if a black man raped a black women, white man raped a black women, or if a white man raped a white woman. Many analyses of death penalty cases indicate that race has an impact in several stages of the legal process. After arrest, black defendants are more likely than white defendants to be charged with capital murder, and after being charged are more likely to be convicted. Then after being convicted then are more likely to be to be sentenced to death and once sentenced they are more likely to be executed. I feel that race still has an impact on the death penalty today. Black people still suffer from biased discretion while women get more lenient discreton if they commit the same or similar crime.
Researches examined every case in the United States from 1973 to 1995. They concluded that 68% of death sentences were reveresed due to serious errors at trial. The reverse cases were then retried and 82 percent of the defendants were given a lesser punishment than death. Also 7 percent of them were found not guilty. These errors were cause by many factors. For instance, incompetent defense lawyers, faulty or misleading jury instructions, and varous forms of prosecutorial misconduct. The study doesn't include the amount of people that were innocent and were wrongfully executed.
This chapter really opened my eyes when it comes to the legal system. Knowing the amount of error that is still in our legal system today scares me. By learning about the chance of error from eye witness testimony to biased jurors makes me worried about being around any illegal activity. Mainly because if the evidence is weak and even though you didn't do anything but were near it or were there when the crime occurs you can be guilty by association. Also there is a high possibility that you could serve a more severe sentence that what you actually committed or not committed at all.
This chapter focuses on the death penalty and the issues that are associated with it. The very first sentence of the chapter says that most of the Western democracies see the death penalty as a violation of the person's rights. The US, however, does still employ the death penalty. 35 states currently have the death penalty (Iowa not being one of them). Although a lot of states have it in place, actual executions are rare. Most of the criminals on death row die in prison from natural causes before their time for execution. The average stay for criminals on death row is 9 years. The book states that between the years 2000-2010, 570 people were killed in the execution chambers, but almost 1500 were sentenced to death. I enjoyed looking at the list of states with the death penalty and their legal method of it. The most common and all of the states have this as an option is lethal injection. There are a few states that have electrocution as an option and an even smaller number of states can chose the gas chamber. Oklahoma and Utah are the only two states that have the firing squad. This is only used if lethal injection and electrocution is held unconstitutional.
I would hate to be on a jury that dealt with a death penalty case. I have strong views and opinions about the topic, so I would be excluded from the jury, but hypothetically, I would hate it. The judge gives the jury certain instructions when deciding on the verdict, but often times these instructions are difficult to understand and remember. When the jury doesn't understand the law and remember what the judge has told them, they often rely on their own prejudices. I thought the racial disparities part of the chapter was really interesting. Over the years, researchers have found the best predictor if a death sentence if the race of the offender along with the race of the victim. A study was done that included over 300 mock jurors that watched a realistic simulation of a death penalty trial where the offender was found guilty of robbery and murder. There were four different conditions of this study: white offender/black victim, white offender/white victim, black offender/black victim, and black offender/white victim. When the victim was black and the offender was white, 40% of jurors voted for a death sentence. When the offender was black and the victim was white, 54% of jurors wanted a death sentence.
I also enjoyed the section of the death penalty as a deterrent to murder. The theory behind this is that people will not commit murder or other serious crimes because they know of the punishment and do not want that to happen to them. The hypothesis that the death penalty deters murder was tested. If it were true, states that have the death penalty in place should see less crime than those states who do not have the death penalty. Also, if a state decides to enable the death penalty, their rates of crime would go down. Conversely, a state that decides to get rid of the death penalty should see an increase in the amount of crime. The results have shown that in fact, that states with the death penalty have HIGHER murder rates. Along with this, the second hypothesis has not been upheld. There has not been any evidence to say that states who add the death penalty will see less murder.
It is so tragic when an innocent person is executed. A study showed that 68% of death sentences were reversed because of various errors during the trial. These errors can be things like incompetent defense lawyers, bad jury instructions, suppressed evidence, and intimidation of witnesses. Bedau and Radelet did a huge study and identified 416 people who were wrongly convicted of murder and sentenced to be executed. They also found that 23 of those people were actually innocent. It is hard to think about the fact that DNA was not used in cases for a long time. As of today, the Innocence Project states that 289 people have been exonerated based on DNA evidence.
The Innocence Project is something that I wanted to learn more about. I have heard of it and know the gist of what they do, but I wanted to learn more. Their website has a lot of good and interesting information on it. They have different facts about what they do: the average sentence that is served by someone who is eventually exonerated is 13 years. 13 years sitting in prison for something they did not do. Another fact stated is that is about 40% of cases that exonerated, DNA has led to the finding of the actual offender. According to their site and information, Iowa has not had any cases dealing with exoneration. Texas has had the most with 44 followed closely by Illinois with 41. Illinois surprised me a little but. I thought California would have quite a few, but they have only had 9. They list all of their cases and how many years the person was in prison before being exonerated. One man was in for 35 years. The website also gives a long list of the causes that lead to a wrongful conviction and give an in-depth discussion about what each of those causes are.
I forgot my source:
http://www.innocenceproject.org/
4/8/12
Chapter 17
The Death Penalty
This chapter discusses the death penalty. In most of the places around the world, especially those that we considered developed, the death penalty is no longer used (it is either illegal or simply not used, but still legal). The death penalty is still used in the United States, but all states use it. Of the states that do use the death penalty the only crime punishable by death is aggravated murder; previously there were no ways establish in what cases the death penalty will be utilized. It has been argued that the death penalty goes against the constitution as cruel and unusual punishment. Then there were discussions about how the death penalty is carried out, that puts it into question. Only certain ways that people are put to death are considered cruel and unusual punishment.
There are certain factors taken into account when the death penalty is in consideration. During Gregg vs. Georgia the death penalty was no longer mandatory for certain crimes. Instead it was decided that a sentence of either death or life in prison was to be decided by the judge or the jury. There such a thing put in place to take these steps separately 1) guilty or not guilty 2) the sentencing. This is called guided discretion. It is a two phase proceeding or bifurcated. The second phase is called the penalty phase this is where a death sentence or a life in prison sentence is given to the convicted person. In order make a decision the jury or judge will take into account either aggravating factors or mitigating factors. If a person is headed toward the death penalty then aggravating factors will be taken into consideration. Mitigating factors are those that support a sentence of life in prison.
Over the years there have been multiple rulings that tweak the ways in which a person receives the death penalty. For instance a mentally retarded person and juvenile offenders cannot be given the death sentence. In Ring vs. Arizona it was decided that it was unconstitutional for judge (a single person) to decide whether someone gets life in prison or the death sentence. There are certain things that lawyers look for in a jury (as we have already discussed in class). A prosecution that wants the death penalty for the defendant is more likely to want a jury that is willing to give the death penalty. In the text they discuss that a jury that is willing give the death penalty is more likely to find the defendant guilty.
In Andrea Yates case after she was found guilty it was apparent that a death sentence was not wanted. The attorney states in the closing argument that the jury should ‘do the right thing’ and give Yates a sentence of life in prison. I think it would be difficult and contradictory to find a jury that is going find someone guilty but not give them the death penalty. If I understood the text correctly – those that are more likely to find someone guilty are also more likely to give someone the death penalty (it would be hard to find a group of people that are likely to find someone guilty and then give them life in prison.
Next the text talks about racial disparities. Obviously, there have been difference in race throughout history, but it is still present today. The most common circumstances that will present racial disparities is when a black person commits a crime (aggravated murder) against a white person. Although things have improved over the years racial difference still exist today.
In the past the death penalty has tried to use the brutalization effect which is when the death of another person acts as a warning to others. The knowledge of the executed person should make others less likely to a commit a crime when they know that this is the punishment for it. The last section of this chapter discusses errors and mistakes that have been in cases where the death penalty was used. Between the 70’s and 90’s 68% of the death penalty sentences were reversed due to serious errors during the trial. Now I wonder how many people have been wrongfully convicted and put to death, but that were innocent. I have to admit that I do not have an opinion on the death penalty. My dad is for the death penalty – if people know that this is the consequence for their crime then it is fair. My mom, however, thinks that death should not be the penalty for any crime – even if it is murder. So I am torn because I can see both of their arguments.
The death penalty is a very controversial topic within the US. There are people out there who are die-hard advocates either for or against capital punishment. Many people view the death penalty as moral obstacle while others judge its legitimacy in terms of constitutional rights. I was very surprised to see that America is actually one of the few Western societies that still implement the death penalty. I would never have guessed this. The most common method of death used is lethal injection, although in a few states you have the option to be killed by a firing squad or by hanging. The last person in Iowa to be killed by the death penalty opted to be hung which is also very surprising. I wonder why this person opted to go that way. It was interesting to see learn that other countries usually use methods such as beheading, hanging and shooting on a regular basis. These methods seem medieval. Most prisoners on death row will die from natural causes. The average length of time someone will spend on death row is 9 years. I never knew it was that long before somebody was actually put to death. It would be horrible having to wait in prison when you know you only have a few more years to live.
The debate over the constitutionality of the death penalty has many points to be argued. Some argue that the process of determining a sentencing of capital punishment is unconstitutional in itself. These arguments led to a series of reforms, which limited the discretion of jurors. Once a defendant is found guilty of capital murder, their punishment is determined in a penalty phase of the trial. Jurors are asked to look at aggravating and mitigating factors. Aggravating factors seem to favor the death penalty whereas mitigating factors seem to make the circumstances of the crime seem less serious. Jurors can play a large role in deciding between life and death of a defendant. It is sad to think that sometimes juries don’t take this responsibility seriously or that they don’t understand what to do. Some jurors interpret evidence in the wrong way and don’t question the guilt of a defendant. It is important for judges to make the jury instructions clear.
The death penalty is seen as a retributive form of punishment. When we were taking about the different types of punishment and their goals retributive punishment is the one that basically says “an eye for an eye”. It means you get what you deserve and capital punishment was created to serve this goal of punishment because if you kill somebody you don’t deserve to live. Since the death penalty is so permanent, it is scary to thing that between the years of 1973 and 1995, 68% of death sentences were reversed due to some error that occurred during the trial. Eyewitness misidentification is the leading cause of these reversals. DNA evidence is the main way in which people are discovering the actual guilt of a person.
Native Americans are definitely represented the least on death row. African Americans seem to make up the majority of death row defendants however, Caucasians are close behind. It’s weird to see how many people from each state are on death row. California and Florida actually has more people on death row than Texas.
http://www.deathpenaltyinfo.org/race-death-row-inmates-executed-1976#deathrowpop
I was very excited to read this chapter because I know that with the death penalty comes immense amounts of controversy and argument over whether it violates human rights. I found it fascinating that some countries actually refuse to hand over criminals to the US if they might be sentenced to death. I suppose it wouldn’t be “safe” for US citizens to know about this for fear of strengthening the opposition of it. I was also surprised to learn that governments are still using beheading as a form of the death penalty. Even though it is legal in the US, it takes a very brutal case to receive a death sentence. Most people who are sentence to death end up dying in prison anyways, because of extremely long sentences.
The main argument against the death penalty is that it is unconstitutional under the 8th amendment (“cruel and unusual punishment”), and 14th (equal protection). In 1972, the Supreme Court ruled it unconstitutional, but because they disagreed about why, it was not made law. States tried to get rid of the discretion of jurors, but the Supreme Court made that hard. Instead the controlled it. The used tactics such as the two phase guided discretion system. I think it is good that all death sentence cases are reviewed by the Supreme Court because this can control any bias that the state has on the case or specific person. Jurors are supposed to weight the aggravating and mitigating factors of the case in order to determine whether the death penalty is appropriate.
I was surprised to learn that it took until the year 2000 to end the death penalty for mentally retarded prisoners. Juries are the deciding factor in whether or not someone gets sentences to death, not the judge. I had always thought this was the other way around. It is also unconstitutional for juveniles to be executed because they cannot be held fully responsible for their crimes.
Since the issue of the death penalty is so controversial, it is important for the juries of capital trials to be very carefully selected. If they are unwilling to consider the death penalty if the defendant is found guilty, they are omitted from the pool. This could be both good and bad. Good in a sense that you don’t have a whole jury who are softies and might refrain from the death penalty, even if the criminal deserves it. It could be bad in a sense that you now might have a jury full of people who might sentence the prisoner to death without thinking twice. I was very shocked to learn about the racial disparities that still exist in rape cases. Of 455 men convicted of rape, 89% were black.
I was most interested in the racial disparities so I decided to research more on that topic. In the article I found, I learned that all racial groups, not just blacks, are more likely to get the death penalty than whites who commit the same crimes. In fact 100% of recent federal death sentences have been against black men.
http://www.deathpenaltyinfo.org/racial-disparities-federal-death-penalty-prosecutions-1988-1994
Chapter 17 was all about the death penalty. Personally, I am against the use of the death penalty and have been for as long as I knew what the term meant. I have witnessed and participated in numerous debates on the issue, but no one has ever been able to sway my opinion.
The chapter starts with Supreme Court decisions that shaped the death penalty. One thing I learned from this section was that a capital punishment trial has two phases, a guilt phase and a penalty phase. It is in the penalty phase that the jury decides if the crime is worthy of the death penalty. This decision can be swayed by aggravating or mitigating factors, which we discussed in class last week. Aggravating factors make the crime seem more worthy of the death penalty, while mitigating factors make the crime less worthy of the harsher punishment. Due to some important Supreme Court cases, the death penalty was abolished for the mentally retarded and juveniles.
The chapter continues with some research on capital murder trials. Another thing I learned from the chapter was that people who are opposed to the death penalty and will not consider it will be dismissed from jury duty in a capital murder trial. It won't get me out of jury duty here in Iowa, since the death penalty is illegal here, but it was an interesting tidbit to know. Research also shows that "death qualified" jurors or jurors who would consider the death penalty are more likely to convict a defendant.
After this, the chapter discussed some racial disparities in the death penalty. This section focused a lot on rape charges and capital murder. I found the differences in rape to be really interesting but also a little disturbing. I was mostly disturbed that back in the 30s or so, a white man raping a black woman wasn't even considered a crime. That is a really scary thing to think about. The stats on capital murder show that black defendants are more likely to be charged and convicted with capital murder than white defendants. In both rape and murder cases, the race of the victim is incredibly important. When the victim is white, black defendants are much more likely to be charged and convicted of a capital crime. The same does not hold true for a white defendant and black victim.
The chapter also describes the theory of deterrence for capital punishment. Basically, it is the idea that capital punishment deters crime. This is an argument that a lot of pro-death penalty people have brought up in debates with me. However, as my research and the text book show, that is actually not true at all. In fact, the death penalty might have the exact opposite effect. Instead of deterring crime, the death penalty weakens inhibitions against violent behavior, desensitizes people to the idea of killing, and sends the message that killing is acceptable when provoked. The chapter also talks about some serious problems with the death penalty. Statistics show that 68% of death sentences are reversed because of serious problems with the trial. Since 1900, 416 people were wrongfully convicted and sentenced to death. In 23 of those cases, the defendant was actually killed. Most of these wrongful convictions were caused by factors that are hard to detect like faulty eyewitness identification or coerced confessions. A few years ago, I remember watching something on 60 Minutes about faulty evidence in capital murder trials. Apparently, the FBI or police used a method where they matched a bullet shell to a particular pack of bullets, making it seem like bullets could be tracked to a specific gun. This evidence was used in many capital murder cases. However, the method wasn't scientific at all. In fact, it was complete bologna. I believe the show said that several innocent men and women were charged with capital murder and put on death row because of this "evidence" and 2 innocent men were executed.
One thing I wanted to find out about after reading this chapter was cost of the death penalty. One topic that several death penalty advocates debate is that using the death penalty is cheaper than housing people in prison for life. However, I found on this website and the attached fact sheet, that this is not the case. When including all the costs of trials, appeals, and incarceration on death row, the cost of the death penalty is typically millions of dollars more expensive than incarceration for life would be.
http://www.deathpenaltyinfo.org/news/past/16/2012
Chapter 17 is about the death penalty. It begins by telling how other countries view the death penalty as a violation of human rights, and many countries have abolished it because of that. Some countries will donate money to the US and aid to their citizens who face the death penalty in the US. The most common for of the death penalty in the countries that allow it is hanging, shooting, or beheading. The three that the US use ; the electric chair, lethal injection, and the gas chamber, are specific to the US. Although the US makes use of the death penalty its not a common one to be carried out. From 2000 to the beginning of 2010 1461 people were sentenced to death and only 570 were actually killed in execution chambers. Most people who receive the death penalty will end of dying of natural causes before the get executed. There is only one crime that will make a person eligible for the death penalty and that is aggravated murder, which is the murder for hire, murder of more than one persons, murder of a police officer, murder of a child, or murder during the commission of another felony.Most US states use lethal injection as their choice for how to carry out the death penalty.
The arguments against the death penalty argue that it violates our eight amendments prohibition against cruel and unusual punishment or the fourteenth amendment which guarantees equal protection. Furman VS Georgia case didnt rule out the use of the death penalty but it did prohibit the way it was being carried out. Gregg vs Georgia the supreme court made the death sentence mandatory for certain types of murder. Along with that the Supreme Court designed as series of reforms. They created guided discretion statutes in which defendants accused of murder are tried by juires in a two phase proceeding. On the first phase guilt is decided. The sentence is then decided in the penalty phase, or the second phase. In this phase jurors are asked to weigh aggravating factors against mitigating factors. Aggravating factors support the death sentence while mitigating factors support life imprisonment. In Ring vs Arizona it was decided that a judge cannot decide the fate of a murderer and that decision must be left to the jury. In 2005 Roper vs Simmons abolished the death penaly for juvenile offenders based on the fact that juveniles are not fully mentally developed. In 2008 the Supreme court revisited the relationship between rape and the death penalty. It was later ruled that unless the victim dies the death penalty is not appropriate.
The death qualification is a very unique aspect of capital trials. During voir dire potential jurors are asked about the willingness to vote for the death penalty. It has been shown that the death qualification affects who gets on the jury and the attitudes of the jurors towards the defendant, these jurors are also more likely to convict the defendant. The death qualification is not all good. It has some biases that go with it. For example in the case of Andrea Yates scholars have argued that the motivation for charging Adrea with capital murder was an effort to assemble a jury that would convict her on the murder charges. Their goal in the death qualification process was to get a jury that would reject the insanity defense and rule guilty.
The penalty phase is different from other proceedings in that it asks weather or not the defendant should be executed. In order to do this they use aggravating factors against mitigating factors, but this is hard to do. Many jurors misunderstand the definitions due to the uncleanness of the terms. When that happens jurors rely on their previous knowledge and feelings to determine the punishment.
Before the Civil War the south was regulated by a set of laws call "The Black Codes." A lot of equal crime was punished unequally depending on your race. Blacks would receive harder punishment while whites would merely get a slap on the wrist. Later blacks and whites because equal under the law but discrimination still existed. Black men convicted of raping white women were 18 times more likely to be sentenced to death. Analyses of the death penalty cases indicate that race has an impact at many stages in the legal process. Following arrest blacks are more likely to be charged with capital murder. After they are charged blacks are more likely to be convicted. After conviction blacks are more likely to be sentenced to death and once sentence they are more likely to be executed. The race of the victim is important too. If the victim is white prosecutors are twice as likely to seek a death sentence compared to if the victim is black. Blacks who kill whites are 4 times more likely to be charged with capital murder than blacks who kill blacks. Even after removing all variables a black was 4.3 times more likely to receive the death sentence than whites. Black inmates on death row convicted of killing white victims have the highest probability of actually being executed.
Early forms of execution were gruesome and public, because it was thought that more terrifying executions would be more powerful deterrents, so the more people who watched the more people who would be scarred to commit a crime. In order to support this thought murder rates were compared between states who supported the death penalty from those who dont. It was found that states with the death penalty have higher rates than states without it. Studies have also concluded that there is no evidence that capital punishment suppresses the murder rate. The brutilization effect is higher for highly publicized executions. This causes the rate in murders to increase because people see killing as a justifiable response to provocation.
Many mistakes are seen in the death penalty. It has been found that 68% of death sentences were revisited because of serious trial errors. Of those cases 87% were give a lesser punishment and 7% were found not guilty. Some causes of error were an incompetent defense lawyers, faulty or misleading jury instructions, and various forms of proprietorial misconduct. One of the best thing to help the errors in deciding the death penalty is DNA analysis. It helps rule out victims who are innocent and prove ones who are guilty, but in most murder case there is not biological evidence to be found.
I decided to look further into Roper v. Simmons
was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The case took place in Missouri and involved Chris Simmons, who at the age of 17 planned a murder. The plan was to commit burglary and murder by breaking and entering, tying up a victim, and tossing her off a bridge. When the case went to trial Simmons confessed to murder and the jury suggested the death sentence. The case worked its way up the court system with the courts continuing to uphold the death sentence. Finally in 2002 they over turned the death penalty for a mentally handicapped criminal and stated it violates the eight amendment causing them to sentence Simmons to life in prison.
http://en.wikipedia.org/wiki/Roper_v._Simmons
This chapter focuses on the death penalty and the morality of the act. It is argued constantly today on whether it should be reinstated or not for certain crimes. Those not in favor of capital punishment argue that it is unconstitutional on account of cruel and unusual punishment. They say death falls under that category. On the other side, those in favor of the death penalty argues that it should be reinstated. There are obvious racial disparities among death sentencing. More men are sentenced to death than women, more blacks than whites. They started to make guidelines for which crimes should be death penalties and which should not. Rapists, killers, and other serious crimes were ruled aggravating - receives death penalty - and the less serious ones were ruled mitigating and no death penalty occurs. Judges were not ruling like sentences for like crimes. All in all the death penalty is one of the highest controversial topics today in US politics. Other countries have different death rulings and they can influence the United States in what they want for their criminals, such as payments and lobbying.
Chapter seventeen focuses on the death penalty. The chapter begins with a table that illustrates states with the death penalty as well as the method of execution. Thirty-Five states, the federal government, and the U.S military are authorized to use the death penalty.
The next section covers supreme court decisions, because there has been many challenges that the death penalty is agains the eighth amendment, that prohibits cruel and unusual punishment. In 1972, the supreme court ruled the death penalty was unconstitutional in a five to four vote. After this ruling many states stopped the death penalty sentencing. This section also talks about guided discretion statutes. In which defendants accused of capital murder are tried by juries in a two-step proceeding. The book also provides a small article that explores the question: is lethal injection humane?
Next, the book moves on to racial disparities and the death penalty. This section describes how black inmates convicted of killing white victims of being executed. This section is followed by one that describes the topic of the death penalty being a deterrent to murder. Research findings have found that states with the death penalty have higher rates of murder than states without the death penalty.
The final section of this chapter focuses on errors and mistakes in death penalty cases. 416 people were wrongfully convicted of murder and sentenced to death since 1900 according to Hugo Bedau and Michael Radelet.
Chapter 17 has to do with anything and everything about the death penalty. At first, I was extremely intrigued by the beginning of the chapter. It states that in other democracies around the world—particularly in the western countries—the death penalty is not relied on heavily or any at all for that matter. In countries where the death penalty is still used, hanging, shooting, and beheading are the main “tools” of death. These methods of death seemed a tad unorthodox in my eyes because when I think of the death penalty, my mind falls on things such as the electric chair, gas chamber, and lethal injection. Turns out these methods are only used in the United States. In the readings we find out most prisoners on death row will actually die of natural causes even before they are executed. The entire introduction was an excellently informative piece. I knew the death penalty was only used in a limited amount of places but I didn’t realize the death methods used in the U.S. are solely used here.
There is much controversy dealing with the usage of the death penalty in the United States. Citizens of the U.S. challenge the use of the death penalty because they believe it’s denying people of their constitutional rights. On the other end, the people that believe in the death penalty view prisoner and convicts as not citizens and they dont think they deserve the option of constitutional rights. This controversy and the disagreement with the death penalty is the reason why in 1972 the Supreme Court started making dramatic changes to the death sentence. Although they did not completely desist the usage of the death penalty, they made a point to at least change how it was being administered. After the Supreme Court’s ruling, many state legislatures were forced to alter how they allowed the death sentence to be used and by what methods. They started following what is known as the guided discretion; where, for example, a defendant facing a capital murder charge is tried in two hearings. The first trial is for the jury to come up with a verdict: guilty or not guilty. The second phase, penalty phase, is where they decide what sentence to give the defendant. In the penalty phase the jury is requested to weigh the aggravating factors against the mitigating factors. This proves hard for the jury to actually do. Some jurors believe if there are any aggravating factors they have to immediately rule in favor of the death penalty. When the jury doesn't fully understand the guidelines it leaves them to rely on their own ideas, opinions, and prejudices when coming to a verdict which proves to be extremely flawed and subjective.
Race is another fairly big problem when dealing with the death penalty. According to history and statistical data, African Americans are more likely to be charged and convicted for capital murder; therefore, more likely to face the death sentence. There has also been a history of racial incongruences in regards to the death penalty. Before the Civil war, there was a set of laws called the "black codes." These laws regulated the behavior of blacks in the south. Between 1930 and 1967, of 455 men that were executed for rape, 89% of those men were black. This is speculated possibly be because the rape of a black woman was not considered a crime. African American defendants are more likely to be charged with capital murder than white defendants are, are more likely to be sentenced to death, and are more likely to be executed. African American inmates who are convicted of killing white victims are much more likely to actually be executed than any other race. Almost half (43%) of prisoners on death row are African American. Unfortunately Jurors are more likely to sentence a murderer of a white victim to death than opposed to a murdered of a black victim.
Chapter 17 is about the death penalty. There are currently 35 states that support the death penalty, but Iowa is not one of them. I personally support the death penalty, but only for very serious cases.
When a person is accused of commiting a capital crime, the jury is under guided discretion and follows a two-phase process. The first process is deciding whether the defendant is guilty or not. Once the defendant is found guilty the jury has to decide whether or not the defendant should receive the death penalty or spend life in prison with no chance of parole. The jury has to weigh the characteristics of the murder and the murderer to see if they fit more with life in prison or the death penalty. These characteristics are known as mitigating factors and aggravating factors. The Supreme Court has mixed opinions on capital punishment. Over 30 years ago the Supreme Court decided that capital punishment was not allowed for the crime of rape, but in 2008 they decided that the death penalty was fair for children rapists. As of 2008, six states permit the death penalty of child rapists.
There has been a lot of research done on the death penalty. As a part of the jury selection during a capital crime, the jurors are asked about their willingness to vote for the death penalty. Between 30 to 40 percent of jurors are excused from serving on a capital jury because of their imapaired ability to vote for a harsh punishment.
There are many racial disparities to the death penalty. Back in the day, the rape of a black woman was not considered a crime, but many black men were harshly punished for the supposed rape of white women. The statistic that surprises me the most is that between 1930 and 1967, 455 men were executed for rape and 89 percent of them were black. In 1973 a study was done on 361 rape convictions, and researchers found that the best predictor of the death penalty was the race of the perpetrator combined with the race of the victim. Racial disparities were also involved with capital punishment of murder. Researchers studied 594 homicides and black people were executed 22 percent of the time for killing white people while white people were only executed 3 percent of the time for killing black people. I think that the color of a person's skin should not matter whether or not they receive the death penalty. I think it should solely be based on the seriousness of the crime.
The biggest problem with the death penalty is the wrongful convictions of innocent people. In a study done since 1900, researchers discovered that 416 innocent people were wrongfully convicted and sentenced to death. Out of the 416 innocent people, 23 of them were executed. The part that disgusts me the most is the main reason these people were convicted was because of police error. This is a huge sign that our legal system is flawed. If police officers would have done their jobs correctly the first time, those 23 people would still be alive.
http://www.deathpenalty.org/section.php?id=13
this website talks about the death penalty facts
http://www.reprieve.org.uk/publiceducation/2010_02_15_ReprieveAgainstTheDP_Main/?gclid=CNLwueXOqq8CFYoDQAodJDLTZg
this website talks about the top ten myths of the death penalty.