Corrections: The Death Penalty

Chapter 17 discusses a very controversial topic: the Death Penalty. It gives both sides of the arguments surrounding whether or not to abolish this form of punishment, and I found it really interesting to read.

The information I found most surprising was the statistics regarding errors and mistakes in death penalty cases. I’d really never known before the extent to which people on death row have been acquitted, due to several reasons. The book gives percentages on reversals of capital punishment, with the most popular being an incompetent defense lawyer, misleading jury instructions, and other misconduct on the prosecution’s side. I also found it really interesting that in the Liebman study, they concluded that approximately 7% of death row inmates were later found “not guilty.” This is a really startling statistic.

What I found confusing was the book’s discussion on the brutalization effect. I understand the general concept, but I really can’t quite get the psychology behind it, i.e. how an execution causes slightly more murders for the next few weeks. The logic in my mind is thinking that an execution happening in your town would be a deterrent for the community - it’s definitely that way for me! But I’ve done a lot of research projects on the effects of desensitization (concentrating on violent mass media and video games) so I understand how people viewing/reading about these things can lose the “shock value” associated with murder and other violent crimes.

I’d definitely like to learn more about arguments for whether or not today’s current methods of execution are humane. I found the “Scientific American Spotlight” box in our book discussing lethal injection very interesting. I had never known before that some attempts at it have failed, caused burns, or kept nerves and the heart beating longer than expected. However, I really don’t know what can be more humane than this - the book talks about the sedation that occurs, before more chemicals stop breathing and the heart. And on the other hand, the cruel side of me is going against the Eighth Amendment (cruel and unusual punishment) and thinking, ‘These people have been convicted of murder, rape, etc. and now they’re whining about mercy and humanity?’ I understand that the Constitution prohibits cruel punishment, but I just can’t help but disagree with it slightly in this case.

Lastly, I think this chapter really helped to inform me on capital punishment (a topic I previously had very little knowledge on), but I still can’t quite make up my mind. A part of me dislikes it, because the thought of executing innocent people for something they didn’t do horrifies me. On the other hand, there are good points arguing to keep it in place. For my book report, I’m reading ‘No Higher Calling, No Greater Responsibility,’ and the author discusses why he believe it should not be outlawed. For some criminals, the only real means of appropriate punishment is execution. He gives the example of an inmate in prison, already serving time for a different crime, when he murders a prison guard. Do we continue to keep him locked up, thus essentially not even punishing him for that murder? There’s definitely good arguments for both sides of capital punishment. In terms of the book’s discussion on death qualification, I believe I would be able to serve on a jury, because my beliefs on the death penalty do not “substantially impair” my ability to consider delivering a guilty verdict.

Key Terms: Death Qualification, Brutalization Effect

The death penalty is a tough subject to talk about and it usually ends up in a large debate between different sides of the topic. Each state has a different thought about the death penalty and has a different way of executing the person being charged. Unlike the other 37 states and organizations who believe in the death penalty and have most of their ways of killing by lethal injection, Iowa is one of those states who do not believe in the death penalty.

There are many ways to get the dirty deed done; lethal injection, firing squad, electrocution, and hanging. These punishments have been put under the question if it is going against the Eighth Amendment, which is cruel and unusual punishment or the Fourth Amendment.

Most trials that deal with the death penalty and that are to the point that they are so serious they go to a trial that is called a capitol trial. If you are sent to a capitol trial you might as well send your farewells and say goodbye because where you are going you will not be coming back. One unique aspect of a capitol trial is the process of death qualification.
One thing I do not understand in this chapter is the fact that there were major racial disparities about the death penalty. It states that prior to the Civil War blacks had a set of laws called The Black Codes. This is pretty much what they lived by in the south and what their behavior is regulated by. Even if a person of African American descent could be sent to the gallows, as we could say, for just the littlest thing ever. They could be put to the death penalty for theft, while whites would get a fine, and the rape of a black female was not considered rape but if a black man did it he would be killed by death penalty which is quite the problem. As I look at it now everything has changed. No more are the laws like that today, which are good because hell would freeze over if anyone tried to pull that crap, and the race card would be a huge factor.

We all think that deterrence is key; yes but will the death penalty be a cure all, probably not. It cannot be put any simpler, back in the old days when making someone’s death public and humiliating was acceptable and allowed they thought that having the community see that and how much pain they were in while the officers shunned them and killed them right out in front and in the open it would help show them that this is not what they want and that the potential criminals would be deterred. They thought this would help solve their problems with crimes. It did not and the crimes still happened.

Everything in this chapter was a new piece of information that was sent to my brain, but nothing really stuck. It does not change my view on the death penalty; it actually makes me believe in my views even stronger about the subject. I will always be the one girl in class to make a mockery out of myself and be a complete fool, but I really do not care. I still believe in the death penalty 100% and believe that Iowa should have it. If we can see life as an eye for an eye or a tooth for a tooth, then I can see a life for a life. If someone has the balls to murder someone brutally then I think we can put our force upon that person and make them suffer. I can also come to the thought that we can incarcerate them for life and let them sit there and think it out, but what good does that do? Letting someone who is a murderer get three meals a day, shower, have leisure time, and get to do a lot of things that most people get to do; what is the point in that? It is not right; they are getting the same freedom as regular citizens who did not commit a crime. It does absolutely nothing for them; they do not get to see the harm they caused a family, boyfriend/girlfriend, and other influential people in the victim’s life. I still stand firmly on my belief that we should have the death penalty 100%.

KEY TERMS: death penalty, death qualification, “The Black Codes”

Chapter 17 was a very interesting chapter to read. There was a lot of information that I learned while reading this chapter that I did not know. There was a lot of statistical data that showed the effects of the death penalty. There was a lot of information that surprised me while reading this chapter. This chapter focussed on capital punishment. It focussed on why it is used and how it is used in the United States and occasionally in other countries. I found it interesting how few of other countries use the death penalty. I was surprised that other countries actually do not extradite their citizens to the US if they are eligible for the death penalty. Some countries even help pay and provide legal support for people facing capital punishment in the US.

The first thing I found interesting in this chapter was that defendants are tried in a bifurcated proceeding, which means two-phase. I did not know that the defendant was found guilty or not guilty in the first phase, and in the second phase they are sentenced to either death by execution or life in prison with no parole. The second phase is also known as the penalty phase. I was also interested when learning about the aggravating and mitigating factors. The aggravating factors are the factors that support the death sentence, and the mitigating factors are the factors that support life in prison.

Another interesting thing about this chapter was learning about the process of death qualification. This was interesting because between 30 percent and 40 percent of jurors are excluded from serving on capital juries. This section also talked about how defendants are more likely to be found guilty in capital cases because the jury that is selected is typically more likely to convict. This jury is also more likely to focus on aggravating factors.

Another interesting factor involved in capital punishment is the race of the defendant and the victim. The percent of mock jurors that handed down a death sentence for white defendants against black victims was 41 percent, while 54 percent of black defendants were sentenced to death against white victims.

Rape is an interesting subject and helpful in studying how race effects the verdict and sentencing in capital cases. Between 1930 and 1967 89 percent of the men executed for rape were black. In research done they found that the best predictor of the death penalty was the race of the defendant and the victim.

I also found it interesting when the book talked about how the death penalty is supposed to be a deterrent to murder. The goal of the death penalty has always been to be a deterrent to keep other citizens from committing murder. There was an interesting point made in this section of the chapter. The book brought up the idea that if the death penalty is supposed to be a deterrent for murder than the rate of murder should be higher in states without the death penalty and lower in states with the death penalty. This was found to not be the case. In actuality murder rate increases when the death penalty is implemented to a state.

I really liked reading about this chapter. I learned a lot of new information that I did not really know. I learned that the most common types of death for the death penalty is lethal injection, lethal gas, or electrocution. I also learned that more people die on death row than are actually executed. The chances of an inmate actually being executed are fairly low.

Before reading this chapter I was not really in favor of the death penalty just because I do not think taking someone else's life should be left up to the thoughts of other people. Even though they committed terrible crimes it should not be our decision that they should die because then we are no better than them. After reading this chapter my view only grew stronger. There was a lot of statistical data that did not support the death penalty. For instance the data that talked about how the death penalty is supposed to be a deterrent for murder but actually shows the opposite correlation.

Terms: death penalty, capital punishment, lethal injection, electrocution, lethal gas, penalty phase, aggravating factors, mitigating factors, and death qualification.

Chapter 17 entails the ever touchy topic of the death penalty. Yes, it is a touchy topic but it needs to be discussed anyway. I myself don't really know how to feel about the death penalty. I agree with some aspects and disagree with some aspects.

The death penalty is viewed in most western democracies as a violation of basic human rights. That I agree with to some extent due to that fact that prisons don't realy look into what the criminal is feeling or just consider their overall well being, even if the criminal is considered to be a menace to society or a horrible monster that doesn't deserve any rights. 35 states, the feceral government, and the U.S. military authorize the use of the death penalty even though executions ocurr very rarily. Statistics show that less than one percent of murderes are executed. States that do retain the death penalty feel that aggravated murder should be the only crime punishable by death. Aggravated murder being varied across jurisdictions but generally includes murder for hire, serial murder, murder of a police officer, or the murder of a child. This I can agree with, considering if it is a well thought out murder that did take a lot of planning then of course the murderer should recieve the most severe punishment.

Just like in any trial, jury selection can have a major impact on whether or not the defendant receives the death penalty. Even though all death sentences are reviewed by state Supreme Courts. This happens in a level of trials known as a capital trial. Like I said, juries are the key decison makers in any form of trial. Attorneys still need to make sure that each juror can make a honest decision without their biased opinions getting in the way. In the voir dire stage with the jury. The jurors are asked about their willingness to vote the death penalty if the defendant is found guilty. This is a crucial question considering the potential jurors are more likely to be female. African American, and politically liberal. 30% - 40% of those jurors can't participate in a capital trial if their bias gets in the way and if they aren't willing to vote the death penalty. I learned that if someone doesn't want to be part of a jury they will say they are racist, true or not just so they will be dismissed from the jury. Also jurors will automatically infer before they are even asked that the outcome of the trial ill indeed be conviction and death sentence. So why the heck should the attorney ask anyway? Another aspect that could impact the jury's decision on the death penalty is not all jurors may understand two key factors. One factor is the aggravating factor and the other is the mitigating factor. The jurors have to "weigh" the characteristics of the murder and murderer that support the death sentence (aggravating factors) against those characteristics that support life imprisonment (mitigating factors). If a juror doesn't fully understand these factors the judge refuses to help them out and without that help the jurors will just fall back to their original prejudice. To overturn a death sentence because of a racial bias, there would need to be strong evidence that jurors acted with "discriminatory purpose."

Along with that, the juror needs to take into consideration the behavior of the defendant, present and future to determine how well the defendant will adjust to prison What I found really surprising that in 2002 the Supreme Court put an end to the execution of mentally retarded prisoners. First off, I didn't even know that actually happened to mentally retarded prisoners even if the crime they committed was horrible. That jsut goes to show you that the court doesn't take into full consideration the competence of the defendant even if the defendant couldn't understand that what they did was wrong. If someone doesn't truly understand that what they did was wrong they shouldn't have to be put to death for it. A mentally retarded prisoner doesn't act with the moral level of culpability that characterizes the most serious adult criminal conduct. The court has also decided that juvenile murderers should not be executed due to key psychological capacities- impulse control, rational decision making, and long term foresight are not fully yet developed. Back in the 1960s and 1970s rapists were even sentenced to death. Yes rape is a pretty horrible act to commit but not intense enough to sentence the rapist to death. But it is a different story if the victim who was raped is trial, I found it interesting that six states till allow this to be a reason for a criminal to be put to death. This makes me think of racial disparity amongst criminals who are sentenced to death. This has been around since the Civil War era. African Americans were put to death for crimes such as theft while whites were only fined. But a closer example to the idea that rape was severely punishable, if a black woman was raped by a white man it was not considered a crime at all, but if a balck man even made an advance at a white woman or "allegedly" raped her he was sentenced to death. This concept reminded me of the case of Ronald Cotton. He is a black man that was accused of raping a white woman. He wasn't sentenced to death, he was sentenced to life in prison, so it might as well have been that same thing. I read his story, "Picking Cotton" and Ronald mentioned that if it was the 1960s or the 1970s when he was convicted, he would have most likely gotten the death penalty. Black defendants are more likely than white defendants to be charged with capital murder, and once charged, more likely to be executed ( capital punishment). Also the prosecutors decided to seek the death penalty 5 times more often against killers of whites than killers of blacks.

Just like errors that come along with eyewitness testimony, errors are a common occurrence in deciding a death penalty. Any suppression of evidence or tamering of evidence can impact the decision of death penalty. Even though it is said that eyewitness testimonies are the most desirable form of proof in a trial. 68% of death penalty cases were reversed due to the fact that the convicted was indeed innocent. Most frequent causes of error include incompetent defense attorneys (37% of cases) (which means they were cheap), faulty or misleading jury instructions (20% of cases)and various forms of prosecutorial misconduct like the suppression of evidence or the intimidation of witnesses (9% of cases). This is all also true even in capital trial cases but with the inclusion of any police error which is due to coerced or false confessions and sloppy or corrupt investigations. Some ofthe other errors included kind of surprised me, like that there could be errors in any forensic science tests done which I do understand could happen. Luckily for any prisoner who was sentenced to death, the discovery of doing more testing on DNA and using that evidence to prove a priosner's innocence. This is the evidence that helped clear Ronald Cotton, the man who sentenced to life in prison for two counts of rape he didn't even commit. Since then more than 140 people have been released from death row because of exonerating evidence.

This just goes to show you how screwed up the death penalty and the court system can be and that the court system can't always rely only on eyewitness testimony because those testimonies aren't always accurate. Overall I found this chapter very interesting and I learned new things about the death penalty I never knew before. But I am still not sure how I feel about the death penalty. Of coure, yes, if the crime is brutal enough, like the crimes of a serial murderer, then they should receive capital punishment but if the priosner is innocent than they shouldn't be ignored completely, they should be offered the chance to prove their innocence.

Key Terms: Aggravated murder, aggravating factors, mitigating factors, racial disparities, capital punishment, police error, prosecutor error, witness error, exonerating evidence

Chapter 17 is about one of the most controversial topics in criminal justice, and the US. In some places, the death penalty is viewed as a violation of a basic human right. In the US, thirty-five states, the federal government and the US military allow the use of the death penalty. The eighth amendment prohibits cruel and unusual punishment, which is why there are only thirty-five states that allow the death penalty instead of all fifty. The death penalty was deemed unconstitutional in 1972 in the case of Furman v. Georgia, but the five justices all had differing opinions on why the death penalty is unconstitutional. After this case, state legislatures tried to find ways to control the discretion of jurors in murder trials. Guided discretion statues are used to guarantee a defendant of a capital murder to be tried by juries in a two-phase court proceeding. If the defendant is found guilty, he/she then goes through a second penalty phase in which they either receive death by execution or life in prison without the possibility of parole. At the end of this phase, the jurors weigh the aggravating factors, characteristics that support the death sentence, and the mitigating factors, characteristics that support imprisonment.

In the past decade, there have been many decisions that have put limits on death sentences. One decision that took place was in 2002 in which the court put an end to executing the execution of mentally retarded prisoners. Then a court held that it is unconstitutional for judges to decide whether a convicted murderer should be sentenced to death or imprisonment, and that only a jury can make that decision. There have also been other decisions that have limited the number of people who can become eligible for executions. In recent times, a process of death qualification is needed for those in death penalty trials. This qualification affects who gets on the jury and the juror’s attitudes towards the defendant. This is important because jurors face the hardest question of whether or not the defendant should be killed by execution.

In past history, there was a sense of racial inequality with the death penalty. Before the Civil War, blacks could be executed for theft, and other petty crimes. Between the thirties and late sixties, males could be executed for rape, in which eighty-nine percent of those accused were black. Recent research has found that there are still racial discrimination in death sentences.

The death penalty has been used as a type of deterrent to murder. The thought was that a scary execution would keep people from committing murders and other serious crimes that were punishable by death. The use of capital punishment to deter homicides has surprising statistics. It has been found that states with the death penalty have higher rates of homicides than states without it. There has also been a national study that found there is no evidence that capital punishment lowers the murder rate. In weeks after an execution, a small increase in murders has been found, and this is called the brutalization effect.

Probably one of the main reasons the death penalty is highly controversial is because there are many errors and mistakes made when dealing with death penalty cases. These cases have had many wrongful convictions and imprisonments. Most of the wrongful convictions were due to police error, like false confessions, sloppy investigations, prosecutor error, and witnesses’ error. To help detect errors, the use of DNA has been used to help prove the innocence of people on death row. DNA can be used to identify the real criminal as long as there is some sort biological evidence left at the crime scene.

The most interesting information from the chapter was the amount of people who are wrongly accused and put on death row. A lot of the errors come from serious errors during trial These errors range from incompetent defense lawyers, faulty jury instructions, and prosecutorial misconduct. The information most confusing to me how there can be so many errors in the criminal justice system when dealing with a death penalty case. You would think since a case is dealing with a human life that all measures would be taken to make sure nothing goes wrong and simple mistakes wouldn’t take place. Some information that I wanted to learn about was how someone on death row can reach out to private lawyers to review their case and see if there is any possibility of a review on their particular case. If someone on death row is actually innocent, I would expect them to try anything to get someone to help them. Before reading the chapter, I was in favor of the death penalty, and is the same after reading.

Key terms: guided discretion, penalty phase, aggravating factors, mitigating factors, death qualification, brutalization effect,

The final chapter we read in our textbook was titled The Death Penalty. The chapter talked about the different aspects that are weighed when determining whether or not the death penalty will be put to use, research that has been done dealing with the death penalty, deterrence, and also how the death penalty was used in our past history.
To start off, in order to understand how the death penalty is used in capital punishment. As the book stated “the penalty phase of a capital murder trial is qualitatively different from other criminal proceedings (Costanzo & Krauss p. 381).” In capital murder trials the question asked to the jury is much different. The question is not did the person commit the crime? The question is, should this defendant be put to death for the actions he committed?
However, before a person can be tried, a jury must be picked. In the process of death qualification, many jurors are asked questions about their views on the death penalty. Those who are against the death penalty will not be put on a jury that is trying a capital case. This can lead to biases which I will discuss later.
In order to weigh whether the defendant should receive the death penalty or not, the jury must first know the different between aggravating factors and mitigating factors. Aggravating factors are factors that support a death penalty, while mitigating factors support a sentence of life imprisonment. At the end of the penalty phase, the jury is asked to weigh these different factors in order to reach their decision.
However, one of the biggest problems in these capital cases, is that the jury is very confused on what each of these factors mean. Research as shown that jurors misunderstand the penalty phase instructions. For example, any jurors believe that they cannot take into account the full range of mitigating factors, or that if they find any aggravating factors to be present the defendant must have the death penalty (Costanzo & Krauss p. 381). I find this to be rather confusing. How can you have a fair trial for someone, if the jury isn’t even sure on what their job is? That doesn’t seem very fair to me.
This was probably the most surprising to me, based on the color of either the victim or the defendants skin, there was a higher rate of using the death penalty. I find this to be outrageous. In a study conducted where the defendant was white and the victim was black, the mock jury handed down the death penalty 40% of the time, however, when the defendant was black and the victim was white, the death penalty was handed down 54% of the time.
I would love to learn more about some of the studies they looked at throughout this chapter, they all seemed really interesting. As far as understanding mitigating and aggravating factors and what that has to do with the outcomes of the ruling, and studies that look at the skin color of the victim and the defendant are all very interesting to me.

My opinion started to change when I started reading about how effective the death penalty was. Research has been done to show that in states where the death penalty is used, the rate of murder isn’t less but actually GREATER? This makes no sense to me. Although there are many other reasons for the death penalty, if it isn’t going to stop people in the future for committing the same crimes even with the threat of death, I think their needs to be some changes because clearly using the death penalty as a deterrent to murder isn’t working. In fact, no credible evidence has been found to show that the death penalty deters murders.

Terms: Mitigating factors, deterrence, aggravating factors , penalty phase, death qualification, deterrence

Chapter 17 discusses the death penalty. It starts out by discussing Supreme Court decisions and by stating that constitutional changes to the death penalty have been based on the Eighth Amendment’s prohibition against “cruel and unusual punishment” or the Fourteenth Amendment’s guarantee of “equal protection” under the law. Furman v. Georgia is discussed and the Furman decision is said to have not ruled out the use of the death penalty in principle, but it prohibited the way it was being carried out at that time. In guided discretion statutes, defendants accused of capital murder are tried by judges in a two-phase proceeding where guilt is decided in the first phase and the sentence is decided in the second penalty phase. At the end of this penalty phase of a capital trial, jurors are typically instructed to weigh the characteristics of the murder and the murderer that support a death sentence (aggravating factors) against the characteristics that support a sentence of life in prison (mitigating factors). Other decisions have placed further limits on death sentences since 2000 as well. There was Atkins v. Virginia where the Supreme Court put an end to the execution of mentally retarded prisoners. There was also Ring v. Arizona where the Court held that it is unconstitutional for judges to decide whether a convicted murderer should be sentenced to death or life imprisonment (only a jury can make that decision). There has also been some research done on capital murder trials. In addition to the bifurcated structure of death penalty trials, there is another unique aspect of capital trials – the process of death qualification. Potential jurors are asked in capital murder cases about their willingness to vote for the death penalty if the defendant is found guilty. The penalty phase in capital murder trials is qualitatively different from other criminal proceedings. The jurors are not asked to think about if the defendant committed the crime, but to think about if the defendant should be killed in the execution chamber for their crime. A question like this cannot be answered by examining the facts of the case or by applying rules of logic. Jurors can be helped in making this decision by the judge instructing them to weigh aggravating factors against the mitigating factors, just like mentioned above. These instructions provide little help though, unfortunately. The research shows that both trial simulations and post-verdict interviews with actual jurors show that jurors misunderstand the penalty phase instructions that the judge gives them. The death penalty is also used as a deterrent to murder. Execution was gruesome, slow and public back in the day and was thought that the more terrifying it was that it would be a stronger deterrent to people watching. This is a prime example of general deterrence, and specific deterrence wasn’t as large of a focus. Deterrence is a theory about psychological processes in the mind of the murderer and says that potential murderers will be restrained by the knowledge of what could happen to them if they commit the murder (the fear of the execution will stop them from killing). There are three major problems with this theory, though, according to the chapter. First is that there is no evidence that people engage in a rational weighing of costs and benefits before committing a murder. Second, most murderers believe that they will not be put to death. And thirdly, it is not clear whether the prospect of being executed elicits more or less fear than the prospect of life in prison without parole. Errors and mistakes can be made in death penalty cases as well. One way of gauging the effectiveness of our system of capital punishment is to analyze how many death verdicts are overturned and why they are overturned. One of the most troubling forms of error in my opinion and according to the chapter in capital cases is when someone is wrongfully convicted and therefore is imprisoned and executed for a crime they didn’t commit. There are a few different cases that I have heard about where they are eventually exonerated after long prison terms because evidence proves their innocence. This is such a scary thought to me simply because that means there has to be others out there that are actually being executed when they are innocent.
I would have to say that I was most surprised while reading about the different Supreme Court cases that have been focused on issues with the death penalty. I knew that the Roper v. Simmons case was associated with it, but I hadn’t read in much detail about the others before. It was interesting to read the different areas that these cases were targeting in regards to the death penalty. I must say, though, that I agree with the rulings that these brought back. I find it necessary for this kind of stuff to go to the Supreme Court because people’s lives are on the line with the death penalty. It can’t be taken lightly. The discussions regarding penalty phases confused me a little just because the chapter mentioned that they are different for capital trials when compared to other criminal proceedings. However, after reading a little further into it, I was able to understand what the differences were and why it must be different for capital trials. The stakes are much higher and the end result could determine if someone lives or dies. I think I have a little better understand of the death penalty and its circumstances after reading this chapter. It was short but it provided the reader with a lot of good information. I would like to learn a little more about the different cases where inmates were eventually exonerated while on death row. I wonder how they even got convicted in the first place during their capital trial and how they had to spend so much time in prison. It’s a little off topic, but I wonder how the process works for exonerating inmates. Like I said earlier, I have gained more knowledge about this topic but my position on it has not changed. If anything, the information I gathered from this chapter helps support my previous stance even more.

Terms: guided discretion, penalty phase, Furman decision, mitigating factors, aggravating factors, death qualification, deterrence, general deterrence, specific deterrence

Chapter seventeen is all about the death penalty. Is lethal injection humane? Constitutional challenges to the death penalty have been based on the Eighth Amendment’s prohibition against “cruel and unusual punishment” or the Fourteenth Amendment’s guarantee of “equal protection.” However, the majority of the Supreme Court justices were deeply divided about why the death penalty should be considered unconstitutional. In order to get a death penalty, one must go through a few steps to get there. First one must be found guilty of capital murder. Next, is the penalty phase where jurors are asked to weigh the characteristics which would find the defendant to be sentenced to life in prison, called mitigating factors, or death by execution, called aggravating factors. This phase is also known as the sentencing phase. This phase is different from other criminal proceedings. The question posed to jurors is not, “did the defendant commit the crime?” but, “should the defendant be killed in the execution chamber?”
In 1985, in the case of Wainwright v. Witt, the Supreme Court ruled that potential jurors whose beliefs “substantially impair” their ability to consider or impose a death sentence must be excused from serving on a capital jury. If a potential juror expresses a lack of willingness to seriously consider execution as a punishment, he or she is not permitted to serve on a capital jury. Research using both trial simulation and post-verdict interviews with actual jurors demonstrate that jurors misunderstand the penalty phase instructions. For example, many jurors wrongly believe that they cannot take into account the full range of mitigating factors, or that if the find any aggravating factors to be present, the must vote for death. Many jurors also mistakenly believe that unless they vote for death, the murderer will be eligible for parole.
Like in many judicial proceedings, black defendants are more likely than white defendants to be charged with capital murder. Once charged, they are more likely to be convicted and then sentenced to death. The race of the victim is also important. If the victim is white, prosecutors are more than twice more likely to seek a death sentence than if the victim were to be black. Also, killers who are black and kill white people are about four times more likely to be charged with capital murder than blacks who kill blacks. This is a very disturbing fact, but a more disturbing one would be the fact that 68% of death sentences need to be reversed because of a series of errors at trial. When retried, 82% were given a punishment less than death and 7% of the defendants were found “not guilty.” The only reason I am against the death penalty would be for those 7% of defendants. I would not want someone to pay the price of a crime they did not commit. And it would be a shame to find that out after they were dead and unable to pay them back for the troubles they might have had in prison, but instead paid with their life. I am still and will always be against the death penalty for this reason. I do not understand why a person cannot just be placed in prison. I do not understand why people believe that in order to pay for the price of taking a life, another’s life must be taken too. I do not agree with that. But I can see why some might want that. It is their choice, just not mine.

Terms: Death Penalty, Eighth Amendment, Fourteenth Amendment, Penalty Phase, Mitigating Factors, Aggravating Factors, Judicial Proceedings

This chapter talks about the death penalty. The death penalty, or capital punishment, is one of the most controversial topics in the criminal justice system. Some states have enacted the death penalty, while other states have banned it. It is surprising to know that only 1% of murders are executed through the use of the death penalty. 35 states, the military and the government authorize death penalty sentences.

Aggravated murder is the only crime punishable by death. Some examples of aggravated murder include murdering multiple people, hiring someone else to murder someone, and murder of a police officer or child. There are a couple of different methods to executing an individual. These include lethal injection, lethal gas, or electrocution.

Many Supreme Court decisions have been made dealing with the death penalty. Many of these have been based off of the 8th amendment’s prohibition of “cruel and unusual punishments.” In 1972 in the court case of Furman v. Georgia, the Supreme Court ruled in a 5 to 4 decision that capital punishment as then administered was unconstitutional. However some other cases found that it should be used for certain types of murder, or aggravated murders. In Gregg v. Georgia the Supreme Court rejected the idea of erasing all discretion by making death sentence mandatory for certain types of murder, but it a series of reforms designed to guide the discretion of jurors. In other words, guided discretion statutes defendants accused of capital murder are tried in a two-phase system. First person must be found guilty of a certain murder and the type and length of sentence is chosen in the second phase, or penalty phase. Jurors use aggravated and mitigating factors in order to decide if a person should be sentenced the death penalty. Aggravated factors are those that support life in prison and mitigating support the death penalty.

Death qualifications include discovering what particular characteristics a juror has that makes them for or against the death penalty. During the von dire process, lawyers chose and find people either for or against the death penalty. Research shows that the jurors and their beliefs are the main decision making in deciding if someone should be given the death penalty or not. Racial disparities have been found in the death penalty. Black defendants are more likely than white defendants to be charged with capital murder, and once charged convicted. They are also more likely to be executed too. The race of the victim is also important, because if the victim is white prosecutors are more than twice as likely to seek a death sentence than if the victim is black. Blacks who kill black are 4 times more likely to be charged too. Race really makes a difference when deciding a murder’s punishment and it is really unfair. Even though it is nearly impossible to avoid discrimination, decisions should be made universal for different types of murder and race should not be an issue.

The death penalty can be used as a deterrent to murder. Researchers compared states’ homicide rates to if they have the death penalty or not. They found that states that have the death penalty actually have HIGHER rates than states without it! So does the death penalty even work? A second hypothesis that tested if states that abolished the death penalty had higher rates following it, and they found that there was no supporting evidence that capital punishment lowers the murder rate. The brutalization effect however shows that the death penalty may deter people from some acts of violence. Most research shows that the death penalty many not be effective, and life in prison may be the better verdict.

The major problem with the death penalty is sentencing an innocent person to their death. 7% of people sent to death row are actually innocent. Even though this is mainly a try and error process, is it worth the risk sentencing someone to a punishment that can never be reversed?

Overall, the death penalty has a good intention, but the research shows that it is not effective. Although sending people to life is not economically practical, it is perhaps a better solution than sending to someone to their death, or a punishment that cannot be reversed. The death penalty is a big topic of discussion and debate, and in the future more researchers and judges will decide if it should continue to be allowed or abolished all together. The death penalty has many problems, and I think it should be abolished.

Key Words: aggravated murder, lethal injection, lethal gas, or electrocution, guided discretion, penalty phase, aggravated and mitigating factors, death qualification, von dire, racial disparities, brutalization effect

This chapter is one of the shorter ones, which makes sense considering that we already know a lot about the death penalty, and the morals behind administering lethal injection are usually the biggest reservation people have about it, and their reasons are not exactly grounded in logic, reason, law, or science. This chapter discusses the death penalty jury process, some of the racial biases involved in deciding whether or not to administer the death penalty, as well as the many errors that can lead to a false death conviction.
One of the things that really surprised me, is that the death sentence its self is not a very good deterrent of crime, because it isn’t used that often, and even when the death penalty is your sentence, it’s likely that you will die of old age in prison before you are actually executed by the state. Part of this lengthy wait ties in with another topic discussed in the chapter that being all of the errors and mistakes that happen in trail cases. Because no one wants a wrongful death on their conscience or on their record often prisons are hesitant to execute right away, and will place an inmate on death row. However, being forced to face the idea that you are going to die very soon, and dealing with the anxiety of getting any and all of your affairs in order before you go, saying good bye to loved ones and so on, then to only realize that any day could be your last day. And eventually being lulled into a sense of false security by the time that has gone by, to then have them being the last rights and final meal within a week. The psychological toll that mentality and stress level takes on not only the inmate but their families as well is detrimental to their mental health.
Another thing I found very interesting was the ridiculous amount of errors that occur when death sentence inmates are concerned. I knew that the justice system wasn’t perfect, and that naturally we would put some innocent people in jail, and everyone knows that there are a ridiculous number of guilty offenders that are still out on the street, it’s just the nature of the beast. However, when you look at just the eye witness false conviction cases we studied earlier in the year, the numbers can be incredibly high. Then when you look at the specific death penalty statistics, and consider that 37% of wrongful convictions come from incompetent defense attorneys, I have to wonder how many of those are court appointed lawyers. If they are then you have to consider the case load that they’re dealing with, and if they’ve ever handled a death penalty case before. Are they truly psychologically and skillfully capable of arguing a case of this magnitude, and will they be able to cope with the pressure of the media that often accompanies these matters?
My opinion of the death penalty hasn’t changed at all, I still fully believe in it, and I would even go as far to say that if we used it more and if we used it more effectively then it might work as a crime deterrent. I don’t consider it cruel or unusual punishment especially when it’s applied to murder and multiple murder cases. If you killed someone, then we should kill you back, so to speak. I also believe that our system of identification and conviction needs to improve before we consider enforcing such harsh use of the death penalty. For example, I believe that all death penalty cases where DNA is available, it should indefinitely be tested and used as evidence because DNA is one of the most accurate forms of identification we have. Naturally I understand that there are a lot of money restrictions that don’t allow for my death penalty dreams to come true however you have to admit, it’s a decent dream.

Terms: death penalty, lethal injection, death penalty jury process, racial biases, false death conviction, death sentence, deterrent of crime, death row, eye witness, 37% of wrongful convictions come from incompetent defense attorneys, court appointed lawyers, DNA

The death penalty will always be a debate on moral justification. Weather the death penalty is morally justified in our society depends, in part, if it's imposed fairly and constantly; also is it is without error and discrimination.
Chapter 17 explains in great deal the history and ramifications of the death penalty in America. Like many other topics of the criminal justice system, the death penalty is complex and controversial With lethal injection being the main source for execution, many against the death penalty argue that it is inhumane. Inhumane or not, the death penalty still serves a purpose in America with 35 states still allowing the death penalty. However, as was discussed in chapter 17, the execution of someone on death row is very rare. The majority of the inmates on death row actually die of old age and natural causes before they can be executed.
I did find the stat of how many inmates die before being executed to be surprising In the beginning of chapter 17 it states that the majority of 3300 inmates on death row will die of natural causes before being executed. I find this surprising and also ironic. We as the tax payers fund the money to hold individuals in prison. The inmates that are on death row after being convicted with the death penalty, stay on death row for a great deal of time. Normal, legal rule allows for unlimited adjudication hearing in case that individual can actually be proven guilty. With the red tape and precautions of executing someone, the process can become extended indefatigably. If the majority death row inmate die before being executed, why are we paying for their life long stay in prison? If an inmate is rightfully convicted and sentenced to the death penalty, whats the hold up? Granted, I am not simple minded enough to think it is just that easy. I do however think the death penalty needs to be reconstructed and to be more economical or completely abolished in all cases.
I was also surprised and confused by Table 17.1 in the text. Mostly confused; Table 17.1 provides a list of the 35 states that the death penalty is still legal. Of those 35 states, many of them still have multiple ways the death penalty can be administered For example, Utah legally will administer a firing squad if the lethal injection can be proven as “unconstitutional”. This mixture of execution options continues in the majority of the 35 states. I am confused on why these options are even available The majority of the options of execution seem to provide the inmate with some choice. Many of the legal definitions behind the death penalty options are due to supreme court decisions. For example an inmate can be sentenced to life in prison with out parole due to mitigating factors of the crime; life in prison is not considered unconstitutional, but the death penalty may be. The odds of being sentenced to the death penalty increase greatly if aggravating factors can be proven. These aggravating factors are special circumstances that are especially hanus to the crime. The death penalty is often the choice if a child's rape results in death. The rape and death of that child would be considered aggravating factors. Although confusing, the variables and options available for death penalty sentencing are necessary due to the variation of criminals and crime.
I would like to learn more about the psychological and social outcomes of the death penalty. As discussed in chapter 17, the death penalty was though to deter crime. However as evidence has shown, the death penalty plays no significant impact on the deterrence of crime. On the other hand, research has shown that a brutalization effect can occur in states that do make use of the death penalty The execution of a criminal is often made public by mass media and normal conversation in society. The more that execution is publicized, the more the public believes violence is justified for a provocation. I would like to learn more about the psychological and social responses to the death penalty; I find the brutalization effect to be intriguing.
After reading this chapter, I made sense of the process and variables that are considered when sentencing the death penalty My understanding of the death penalty has increased, which is always needed in sensitive social topics such as this. However, after reading this chapter my views have not changed. Like many topics in the criminal justice system, the death penalty is very complex and important. I believe the death penalty in many criminal cases is deserved. I do also believe that the current way our criminal justice system is handling the death penalty is not working. If the majority of death row inmates die of old age, something isn't working. In the same hand, if even one wrongly convicted civilian get executed, the system is failing greatly.

Key Terms: Psychological, social, death penalty, execution, death row, inmate, aggravating factors, mitigating factors, criminal justice system, unconstitutional, firing squad, brutalization effect, deterrence, sentencing, conviction, lethal injection, inhumane.

Chapter 17 , being the last chapter in our book, talked about the death penalty. Just to put it out there I don’t agree with the death penalty at all, so im sure I am slightly biased in my way of thinking of this chapter. I am also going to go out on a limb and suggest that the person who wrote this book is also not a fan of the death penalty.
Anywho, The chapter starts off by saying that in almost every other civilized country the death penalty doesn’t exist. This surprised me a great deal. I would have thought that france and other countries would still have it. But no, America is one of the few countries left that still holds on to the death penalty. Granted we usually use the Lethal injection form of execution vs. other countries slightly more brutal ways. It’s not the whole country that supports the death penalty though. In America we go by state. I do know Iowa does not hold the death penalty but we have a life with no parole sentence for murder. But based on the books information in the united states only 1% of inmates on death row will actually be executed. Most will die of natural causes before they get there. To me this seems largely pointless if you’re going to have the death penalty then why wouldn’t you kind of hurry up the process. The actual lethal injection might not be considered cruel and unusual punishment but I would think sitting there for 10-30 years waiting to be killed would be considered cruel and unusual.
So Capitol murder cases are bifurcated. Which means they have two parts to them. One part is proving if they are guilty or not. The next part is deciding what penalty they should get if they are proven guilty. These are considered two separate trials. Now at the end of the Penalty phase the jurors are instructed to weigh in on a couple of factors. The aggravating factors vs the mitigating factors. The aggravating factors are factors that would support a death sentence. These factors would increase the wrongfulness of the accused’s actions. The mitigating factors would support a life sentence. This would reduce the blameworthiness of the defendant. Note that these don’t excuse the crime or make them less guilty. All It does is make a juror decide if the crime is serious or damaging enough to support a death penalty. Regardless of the outcome the defendant will either be in prison the rest of their life or executed.
Since 2000 a lot of things have happened that have reduced the amount of death penalties handed out. 1 was the ruling that you couldn’t execute the mentally insane. The next ruling decided that a judge couldn’t decide if a person was going to be executed or not. Only a jury could make that decision. In more rulings they narrowed down the criteria for being able to be executed and which crimes would constitute as being eligible for death penalty. Because for the longest time rape by itself was classified as a death sentence charge. However, now it is only rape to children, and if the rape results in the death of the victim. Another ruling states that juveniles cannot be given the death penalty. The reasoning behind both the juveniles and mentally insane ones is that they can’t comprehend their actions fully and so therefore shouldn’t be held accountable to the point of execution.
So jury members have to pass what is called Death Qualification. Death Qualification happens during voir dire. What it means though is that a jury member must be willing to commit to a death penalty sentence or they are not allowed on the jury. Because if someone like myself wouldn’t be open to the idea of the death penalty then they could cause a mistrial since they wont convict based solely on their feelings. However, as we talked about in class, members that are selected to sit on a death sentence jury are already more likely to convict as they believe in the death penalty which means they are more biased towards conviction. Another subtle effect is when they ask about the death penalty before the trial even starts makes jurors think that the prosecutors think they are already guilty and so will affect the minds of the jurors.
A big part of the chapter talks about racial biasing towards the death penalty. Essentially everything that the author talks about goes to the point that black people are more biased in trials overall. We have talked about this in class a lot, but it resonates here as well. There have been lots of studies and statistics that show that there is a huge unfair bias on criminals that are black vs white. Not only that but they into detail saying it makes a difference on who the victim for the crime. Now im going to throw out some statistics to make that point. Between 1930-1967 455 men were executed of rape, 89% of them were black. So after doing some narrowing down of different points it was shown that black men were 18 times more likely to get executed if the victim was white. It is shown that if the victim is white prosecutors are more than twice as likely to get a death penalty sentence. It was shown that black on white murders were 22% convicted to death penalties in capitol murders. While white on black is only at 3%. This has been brought up in front of the supreme court multiple times, however, they basically say it doesn’t matter. Which is shocking to say the least.
The next point in the chapter talks about the concept of the death penalty being a deterrent for murder. The idea that a lot of people have is that if people think they will be executed they wont commit the crime. However, according to studies that is not the case at all. Its fairly easy to test since we have such a random assortment of states that do have the death penalty vs. those who do. You can test those that are next to each other and see which ones has more murder cases. What it shows however is that it doesn’t affect murder rates at all. If anything it actually makes murders a little more prominent in states with the death penalty. They can’t explain that very well but that’s what the studies show. However, you can look at psychology to explain why its not a deterrent would think it was. Most people who commit murder are not in a psychologically rational state of mind. Most murders are crimes of passion, so they succumb to anger, jealousy, etc. In addition it is shown that most people are under the influence of alcohol or drugs when they commit murder. Most of them also believe they will not be put to death. And they are fairly accurate. Most people as we discussed earlier aren’t actually executed.
This next part we have talked about a lot as well. The exoneration of criminals some of which are on death row. There are have been multiple people that have been exonerated when they are on death row. But like everything else how many people haven’t been exonerated and have been killed as an innocent person. I remember getting into an argument around wrongful convictions with some police officers that are also in my drill. And I just am appalled at the lack of sympathy by police officers when they think that someone is guilty. But can you imagine someone arresting someone who was later killed. And then they were innocent. To me that would make me take my job a lot more seriously and try to make sure they get everything right so I could clear my conscience.
So I have not really changed my opinion of the death penalty due to the chapter. IF anything it actually got stronger due to this chapter. I don’t believe the death penalty is right because of so many different factors. What if the person is innocent and you kill an innocent person. What happens if someone is unfairly biased against and it shows that is a huge factor in these cases. I cant say any of this was really confusing, although I would like to learn a lot more in general about the death penalty. And I even though of a decent study that wasn’t mentioned in the text so I don’t know if someone has done it involving this. I was thinking about doing a prolonged study(10-20years) of how people are affected psychologically by sitting on death row for that period of time. Since it takes so long for normal people to be executed is it cruel and unusual punishment for sitting on death row for that long knowing you are going to die. From what the book says though most of the courts wouldn’t even care, but it would an interesting study nonetheless. Overall an interesting chapter due to the findings that kind of supported my opinions of the death penalty already.

When I first opened up the chapter I was surprised by how many states hosted the death penalty, and it makes me wonder why Iowa is one of the few who doesn’t have the death penalty in place. Constitutional challenges to the death penalty have been based on the 8th amendment’s prohibition against cruel and unusual punishment. They tried to reform the sentencing procedures to find ways to deal with the discretion of jurors in capital murders trials, so they designed a guide called the guided discretion. Under this defendants accused of capital murder are tried by juries in a two phase proceeding. Guilt is determined in the first phase, if the defendant is found guilty of capital murder than they enter the second phase, called the penalty phase. The penalty phase is when the jurors are asked if the defendant should be sentenced to life in prison or the death penalty. They are supposed to weigh the aggravating factors and the mitigating factors in order to form a conclusion. There are any laws that have come into play to shape the penalty. Such as, Roper v. Simmons the court abolished the death penalty for all juvenile offenders. I was also reading the blue highlighted box on page 379, asking the question “Is lethal injection humane?” Personally, I do not find this as an issue when factoring in if I am for the death penalty or not because what they did to be sitting in the position was more than likely inhumane.
If there is a trial where the death penalty may be an option then I would hope they would carefully pick the jurors. Some I feel are not well enough educated to make a decision of another person’s fate. I am for the death penalty but by reading this chapter, and other chapters in the book relating to criminals, mentally insane, etc. it made me a little more speculative and aware of the pros and cons. To me a crime is a crime, therefore an eye for an eye… but once we put someone “under” there is no bringing them back. And what if at a later date they found out they convicted the wrong person, there have been some errors and mistakes in death penalty cases. Hugo Bedau and Michael Radelet identified 416 people who were wrongfully convicted of murder and sentenced to death. Even if there is reasonable doubt then they should not even be considered for the death penalty. Another factor would be, if they were legally insane at the time their offence happened, psychologically they were unstable and were not in the right frame of mind. There are a many reasons why we should not consider the death penalty and also some reasons of why we should. It’s a very un clear line for people (me included), therefore I believe that if we do have the death penalty than very tough guidelines should be used when determining this type of situation. I also understand that it costs more to do the lethal injection than it would be to house the offender in jail for the rest of their life, so that would also be a determining factor.
Key terms- guided discretion, penalty phase, aggravating factors, mitigating factors, death penalty, legally insane, reasonable doubt,

The death penalty has been around for years and in the U.S has been a major issue whether or not to keep it as a punishment for criminals. I was surprised to see how many other nations have completely banned the death penalty and the U.S stand alone in still using it as a punishment. Although the death penalty has been in and out of the Supreme Court, it’s up to the individual state to decide for itself whether or not to use the death penalty. I have always believed in the use of the death penalty as a punishment and believed that murders deserve a punishment that fits the crime. After reading this chapter and other classes that have discussed the death penalty I have changed my views on the death penalty.
After seeing all the different court cases that involve the death penalty it seems to me that the U.S is slowly lowering the chances of the death penalty being used. The Supreme Court made the decision that judges cannot sentence a person to death and only a jury can choose to sentence the offender to death. Although juries are brought in for capital cases, the juries seem to favor the prosecution due to death qualification. Most of the juries that used in capital cases are more death penalty prone and are more likely to convict an offender to death. These juried look more at aggravating factors and tend to ignore mitigating factors. As we saw in 12 Angry Men we notice how deciding to put a man to death puts a lot of pressure on a jury. Then the courts said that the mentally handicap and juveniles cannot be punished with the death penalty. Then just recently the courts said the rape can be considered a serious enough crime to give some the death penalty even if the rape is against a child.
In the U.S racial disparities have been happen in the criminal court system for years and are still happening today. It was interesting to see how much more likely a black man is to be convicted to death then a white man for the same crime. The studies in the book showed major disparities for rape cases, but other major crimes have shown even worse disparities. The odds of getting put to death for murder are 4.3 times more likely for killing a white person than a black person.
Using the death penalty as a deterrent in the criminal justice system is one the reasons why the death penalty is still being used. Surprising in the studies done on cities that haven the death penalty murder rates are high and those without the death penalty have relatively low murder rates. The argument for the death penalty is a moral argument and it’s proven that it doesn’t help society. Rather the death penalty has the opposite effect on people, when somebody is put to death it seems to bring out the worse in people and believes that killing is justified. The brutalization effect is more likely to happen when executions are public.
The most troubling thing about the death penalty is the possibility of being wrong about the offender and putting an innocent person to death. With so many advances in technology and using DNA testing in cases many previous cases have been reopen. It’s to think how many people we put to death before DNA evidence was used in cases. Within the last two years in the U.S murders and mass killers has been a major topic in the public. It will be interesting to see how the Boston Bomber case turns out after his case is decided in U.S criminal court.
Key terms: aggravating factors, mitigating factors, death qualification, brutalization effect, DNA.

Chapter 17 discussed the death penalty. In the United States, 35 states, the federal government, and the military authorize used of the death penalty. However, less than 1% of murderers are executed. For the states that do allow execution, the only crime punishable by death is aggravated murder. This generally 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. Defendants accused of such murder are tried by juries in a two-phase proceeding. The first phase decides guild, and the second phase (penalty phase) decides the sentence.

The information that was most surprising to me was the section about death qualification. During voir dire, potential jurors in capital murder cases are asked about their willingness to vote for the death penalty if the defendant is found guilty. Jurors that are not willing to seriously consider execution as a punishment are not permitted to serve on the jury. I do not agree with this procedure at all. Not surprisingly, research shows that death qualification affects both who gets on the jury and the attitudes of jurors toward the defendant. Jurors that are willing to give the death penalty are also more likely to vote to convict the defendant. They are more receptive to aggravating factors (characteristics of the murder and the murderer that support the death sentence) and less receptive to mitigating factors (characteristics that support a sentence of life imprisonment). This process also excludes more women and African Americans, as they tend to not be willing to vote for the death penalty. There is another factor in this process that works against the defendant. When jurors have to answer questions about their views of the death penalty, they get the sense that both the defense and prosecuting attorneys anticipate a conviction. This puts a bias in their minds that works entirely against the defendant. Because jurors who favor the death penalty are more likely to convict, prosecuting attorneys could use the death qualification to their favor by simply creating a jury that is more likely to convict.

One thing I found confusing was about the LAPD destroying biological evidence of rape cases. This was under the section of “Errors and Mistakes in Death Penalty Cases.” The section discussed how DNA evidence has proven the innocence of people on death row. In most of the cases, some form of biological evidence was used to identify the real murderer and exclude the wrongly convicted person. However, it went on to say that in 2002, the LAPD destroyed biological evidence in more than 1100 cases involving rape. If evidence such as this has proven convicted people to be innocent, why would they ever destroy this evidence?

I would be interested to learn more about the death penalty for rape cases. Before 2008, the death penalty could be used for rapists of children. However, in 2008, the Court ruled that, unless the victim dies, the death penalty is not constitutional for rapists. I would like to know the reasoning behind the death penalty and rape cases. For states that allow the death penalty, aggravated murder is the only crime punishable by death. For rape cases where the victim does not die, I am curious to how a death penalty can be given to the rapist. It’s not that I disagree with this decision, I just don’t understand how this can happen if the result is not death.

I have never been for the death penalty, and this chapter did not change my mind. Without getting into morals and values, there is one thing that still confuses me. Most of the prisoners currently on death row will die of natural causes before they are escorted to the execution chamber. What is the point of giving criminals the death penalty if it is typically not followed through?

Terms: death penalty, jury, aggravated murder, penalty phase, death qualification, voir dire, aggravating factors, mitigating factors

Chapter 17 discusses the topic of the death penalty. It goes into detail about the factors that are taken into consideration when deciding upon capital punishment, as well as the racial disparities and errors that are made in a trial. In the states that still have the death penalty the only crime where this punishment is acceptable is aggravated murder. However, when the offender is a juvenile, an exception is made. The Supreme Court abolished capital punishment in 2005, due to research stating that juveniles do not have psychological capacities (such as impulse control, rational decision making, etc…) that adults have.
When an offender is tried in a court of law for aggravated murder, it is a two phase proceeding. The first phase is guilt. Like other trials, the defendant must be found guilty of their crime before being charged for it. After the person has been found guilty of murder, they will have a second hearing called the penalty phase. During this stage, jurors are directed to consider factors that support the death sentence (aggravating factors) and factors that support a life sentence in prison (mitigating factors). In 2002, the Supreme Court ruled that it was unconstitutional for a judge to determine either the death penalty or a life sentence. Juries are the only people allowed to make the final decision.
Research has shown that the best predictor of the death sentence is the race of the perpetrator and the race of the victim. Black men who were accused of raping white women were 18 times more likely to receive the death penalty than black/black, white/black, and white/white racial combinations. Approximately 89% of the men who were executed between the years between 1930 and 1967 were black. Unfortunately, offenders who were sentenced due to racial bias, have more difficulty overturning the verdict due to having to provide evidence that the jury “acted with ‘discriminatory purpose’”.
As with every trial, mistakes can be made. Researchers found that 68% of capital punishment trials had serious errors. In 7% of these cases the defendant was found to be not guilty and 82% of the defendants were given less harsh punishments when they were given a retrial. There is no factual number as to how many innocent people were given the death penalty and eventually executed. Many of the reasons for errors at trial were because of police error, prosecutor error, witness error, forensic error, incompetent defense attorneys, etc…
Keywords: Death penalty, capital punishment, guilt phase, penalty phase, aggravating factors, mitigating factors

Chapter 17 begins by introducing the death penalty. To most countries the death penalty is seen as a violation of human rights. Most countries abolished the death penalty all together, in the United States, there are 35 states, including the military and government that still sentence the death penalty. The death penalty can be carried out by electric chair, gas chamber or lethal injection. Aggravated murder is the only crime that can be sentenced to the death penalty. Aggravated murder includes murders for hire, meaning hiring someone to assassinate another person, murder of a policeman or child, multiple murders and murdering someone while committing another crime. Although criminals are sentenced to the death penalty, prisoners have a higher chance of dying in prison rather than through a method of execution. The chapter then goes on to further discuss about the death penalty and the history behind it. In 1972 it was decided that capital punishment, another meaning for death penalty, was ruled unconstitutional. It was not considered band or illegal, after it, the death penalty, was declared unconstitutional many states redesigned their procedures for dealing with or convicting capital punishment. Guided discretion was made to assure sentencing for the death penalty. There are two phases in guided discretion. In phase one of the guided discretion, is the verdict. The jury has to decide whether the defendant is guilty or not guilty. Based on the verdict phase two takes place. If the defendant is found guilty it then must be decided the sentencing. During the phase two of guided discretion it must be decided whether the defendant receives a sentence of life in prison or death by execution. The chapter then goes on to discuss capital murder trials. During the process of trials there is another process of death qualifications. Potential jurors in capital murder cases are asked, during dire, how likely they are to vote for the death penalty if the defendant is found guilty. The chapter then talks about the racial disparities and the death penalty. In this section it begins by talking about the civil war era where blacks could be executed for crimes like stealing while whites could pay fines. Today whites and blacks are seen as equal and both can become aggravated murderers. The most interesting to me was finding out that there were 35 states that still had capital punishment. I know to some this isn’t that interesting but coming from Texas, I have always believed that there were like 4 states who still had capital punishment. I knew capital punishment existed in our state and have researched over the years about it but I never thought to research other states that had the death penalty because I believed there weren’t other states. One thing I would like to learn more about is the appeal process. Earlier in the chapter it stated that the defendants sentenced to the death penalty are more likely to die in prison then by death execution. I have heard this before but I would like to know how this is possible. The most confusing thing I found to understand in this chapter was the errors and mistakes in death penalty cases. I found this section confusing because it stated that 68% of capital punishment cases were found with errors in the trial and of those 68%, 82% of those cases were still guilty but were retried and were given a lesser sentence. How was this possible, what kind of mistakes occurred that someone was convicted and sentenced to the death penalty.

Terms: Death Penalty, Guilty, Verdict, Defendant, Trial, Capital Murder, Aggravated Murder, Guided Discretion, Penalty Phase, Death Qualification

This weeks reading was on Chapter 17 and the Death Penalty. The death penalty has been a major topic of debate for our criminal justice system as to whether it is an acceptable form of punishment of not. The 8th Amendment protects us against cruel and unusual punishment and the 14th Amendment guarantees us equal protection. In 1972, the case of Furman vs. Georgia lead to five to four decision among supreme court justices in which capital punishment was deemed unconstitutional. However, in a later case of Gregg vs. Georgia, the death penalty was not ruled out and it was instead decided to change the way that it was carried out.

After the latter case, it was decided that the death penalty may be used in cases which a serious crime, or capital offense, has been committed. Aggravated murder is the only crime that is punishable by death, which will, if found guilty, result in execution by lethal injection, lethal gas, or electrocution.

Defendants on trial for a capital offense will then be subject to guided discretion by way of a two phase proceeding. In the first phase the defendant is determined as guilty or innocent. If the defendant is ruled guilty, then they will be subject to the penalty phase and receive their sentence. Sentencing will either result in life in prison with no parole or the death penalty where they will be put on death row. During the penalty phase, jurors look at aggravating factors versus mitigating factors. Aggravating factors are characteristics within a case that would support the death penalty, where as mitigating factors are those that would support life in prison. Aspects such as internal causes, external causes, stability and crontrolability of actions, and the defendants previous record are taken into account during deliberation.

When dealing with a case such as this, death qualifications of the jurors are established during the vior dire process. Here, potential jurors are asked by attorneys their willingness to employ the death penalty. Death qualified jurors are more likely to convict a defendant on the grounds of aggravating versus mitigating factors. Those that are unwilling to do this are usually dropped from the case.

There have been some racial disparities noticed with the use of the death penalty by jurors and judges. African Americans are more likely to be charged, convicted, and executed of a capital offense. Also, if the victim is white the judge is more likely to seek the death penalty. I think these aspects of social psychology are terrible in that we still let racial biases govern how were view and convict people. The system should be free of person biases and prejudices.

The main question with the death penalty is whether or not it works. This is a behavioral psychology aspect, mainly behavior modification. Is the death penalty successful in deterring behavior that is detrimental to society? Studies of its use and discontinuance in different states show mixed results, however the brutalization effect shows that the death penalty does deter some people from acts of violence.

The information that was most surprising to me was that seven percent of those convicted and sentenced to death actually turned out to be innocent. I think this is crazy, but I realize the system is not and will never be perfect. I would like to know what happens as retribution to those unjustly put to death. Mainly, if their families receive some sort of compensation for their suffering and loss. My view of the death penalty hasn't really changed. I believe that the most serious crimes warrant the most serious punishment to deter them. I also feel that that from an economic standpoint it is better to use the death penalty than to fund a prisoner for the rest of their life if convicted. However, I realize that it is still a person's life were talking about and the fact that someone can be unjustly put to death does waver my opinion a little.

Terms: Judge, Jury, Defendant, Attorney, Social Psychology, Behavioral Psychology, Behavior Modification, 8th Amendment, 14th Amendment, Furman vs. Georgia, Gregg vs. Georgia, Guided Discretion, Penalty Phase, Aggravating Factors, Mitigating Factors, Aggravated Murder, Vior Dire, Death Qualifications, Racial Disparities, Death Penalty, Brutalization Effect, Lethal Injection, Lethal Gas, Electrocution

Chapter 17, The Death Penalty
In most Western Democracies, the death penalty is seen as a violation on basic human rights. In the Canada, Mexico, Australia, New Zealand, and all countries in Western Europe have abolished the death penalty. Other places such as South Africa made the death penalty unconstitutional, were as Central and South America use the death penalty for only more serious crimes, including treason. Some forms of execution such as shooting, beheaded, and hanging are still used today. For The United States, our ways of execution include the electric chair, the use of gas chambers, and lethal injections. Even though the federal government, the military, and 35 other states use the death penalty, it is still rarely used. For those states that use the death penalty, the crimes that are punishable by death include aggravated murder which is defined as murder for hire, murder of more than one person, murder of a police officer, murder of a child, murder during another felony. This also includes capital crimes such as treason, espionage, murdering a government official, and using a weapon of mass destruction, and sending bombs or harmful devices through the U.S. mail. Here is a list of some of the states in the United States that uses the death penalty: Alabama, California, Kansas, Missouri, Nevada, Ohio, South Carolina, Texas, and Washington. In this blog I will explain Supreme Court Decisions that that determine the use of the death penalty. .
The death penalty has been seen as violating the fourteenth and eighteenth amendments, “equal protection to all, and prohibition against cruel and unusual punishment”. However in the case of Furman v. Georgia the Supreme Court ruled in favor that the capital punishment was unconstitutional, and couldn’t decide why the death penalty was unconstitutional. After the Gregg v. Georgia a guided discretion statutes was made. This means that the defendants accused of capital murder are tried by juries in “two-phase” proceedings. In the first proceeding the juries, if they find the defendant guilty, the sentence is then decided in the second penalty phase. At the end of the penalty phase of a capital trial, jurors typically instructed to weigh the characteristics of the murder and the murderer that support a death sentence. These characteristics are called aggravating factors that go against the characteristics that would allow imprisonment. Imprisonment characteristics are called mitigating factors. In 2000 other limitations were put onto the use of the death penalty, such as execution of mentally retarded inmates. According to John Paul Stevens, “because of their disabilities in areas of reasoning, judgment, and control of their impulses…they do not act with the level of moral culpability that characterizes the most serious adult criminal conduct. The Supreme Court also looked into the death penalty and the crime of rape. Although the death penalty was prohibited against rape, but was enabled for the rape of a child.
Overall, I find that the death penalty can be a justifiable act. In cases of the mentally ill or handicapped I agree that the death penalty should not be used, incases of capital murder I agree that it should, especially when it is premeditated, planned, or acted out soullessly, and violent manner. Why not? An eye for an eye? In the cases of rape of child, in my opinion I would what he or she to suffer a terrible death maybe be tortured beforehand. What I found most surprising and interesting was that the use of hanging, shooting, and being beheaded are still used today. But in some cases, I say why not, especially cases of rape.

Psychological Terms: death penalty, lethal injection, public hanging, shooting, case punishable by death, capital murder, penalty phase.