chap 20 human rights universal declaration of human rights.ppt

law

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Chapter 20Chapter 20
The Death
Penalty

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the entrance to death rowthe entrance to death row
San Quentin, CaliforniaSan Quentin, California

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women’s death row:women’s death row:
Central California Women’s FacilityCentral California Women’s Facility

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capital punishment debatecapital punishment debate
the PRO sidethe PRO side
moral arguments
retribution calls for death penalty
utilitarian arguments (deterrence)
200 studies: most--no evidence of deterrence:
Peterson & Bailey: murder rates were higher in states
with death penalty than in adjacent states without it
Lempert: confirmed no effect
Ehrich: each execution between 1933 & 1969 prevented
between 7 & 8 murders
National Academy of Sciences reanalyzed data & dismissed
findings
economic arguments
death penalty is less expensive than life
imprisonment


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capital punishment debate capital punishment debate
the CON sidethe CON side
moral arguments
capital punishment is not moral
state does not have the right to take a life
utilitarian arguments (deterrence)
no convincing evidence that capital punishment deters
many capital crimes cannot be deterred
drug/alcohol-based, psychological disturbance, rage
economic arguments
death penalty more expensive than life sentence
extra $216,000 to prosecute; $2.16 million to execute
other arguments
mistakes are unavoidable & irreversible
death sentence imposed in unfair & discriminatory way
eg, by race, jurisdiction, even politics (see Houston)
eg, 1,000 murders to 1 execution

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public opinion: death penaltypublic opinion: death penalty
nearly 3/4 Americans support death penalty.
majority have supported it since Gallup
survey first asked about it in 1936
only exception was 1960 - 1965
support generally risen over last 35 years
important note on survey methodology:
support level depends on how question worded
when offered alternative to capital punishment,
many supporters opt for the alternative
life without possibility of parole
>20% shift to “opposition,” when given this option
life, in addition to restitution to the victim

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76%
24%
% states with death penalty% states with death penalty
NO death penalty
WITH death penalty

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death penaltydeath penalty
by the numbersby the numbers
270 death sentences are pronounced
yearly
compared to 22,000 yearly arrests for murder &
non-negligent manslaughter
# persons on death row exceeds 3,700
54 women are on death row
722 executions from 1976 - July, 2001
yearly executions generally > 74 since 1976

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Furman v. Georgia, Furman v. Georgia, 19721972
U.S. Supreme Court ruled that the death
penalty, as administered, constituted cruel
and unusual punishment, in violation of the
8th Amendment to the U.S. Constitution
invalidated death penalty laws of 39 states &
D.C.
35 states re-enacted laws
issue returned to Supreme Court...

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Gregg v. Georgia, Gregg v. Georgia, 19761976
U.S. Supreme Court upheld death penalty
laws which
required the sentencing judge or jury to take
into account specific aggravating and
mitigating circumstances in deciding which
convicted murders should be sentenced to
death, and which
authorized a “bifurcated” proceeding (trial to
determine guilt and a separate hearing
exclusively to determine penalty)

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McCleskey v. Kemp, McCleskey v. Kemp, 19871987
U.S. Supreme Court rejected a constitutional
challenge (to Georgia’s death penalty law)
on the grounds of racial discrimination
attorney cited rigorous research showing the
application of the death sentence in Georgia
was racially biased.
Court rejected claim (5-4 vote), ruling:
in cases alleging racial discrimination, defendant
has to prove decision makers acted with a
discriminatory purpose in that specific case.
statistical evidence showing discrimination
throughout the state was not adequate proof.
McKleskey executed in 1991

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legal issues legal issues
re: capital punishmentre: capital punishment
appeals
execution
of
juveniles
execution of
“insane”
execution of
retarded
populations
& processes
counsel

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Ford v. Wainwright, Ford v. Wainwright, 19861986
U.S. Supreme Court ruled the 8th
Amendment prohibited the state from
executing the incompetent; the accused
must comprehend both the fact that he has
been sentenced to death and reason for it.
accused was delusional, claiming KKK was part
of a conspiracy to get him to commit suicide
Court ruled there is no deterrent or retributive
value to executing the mentally disturbed
idea is offensive to humanity

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execution of juvenilesexecution of juveniles
minimum age for execution varies by state
8 states don’t specify
in some, age is same as juvenile “waiver” age
84 males on death row who were < 18
(at time of offense)
Thompson v. Oklahoma, 1988
decided that William Thompson, 15 when he
committed murder, could not be executed
Sanford v. Kentucky & Wilkins v. Missouri, 1989
offenders aged 16 and 17 can be executed

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execution of the retardedexecution of the retarded
360 offenders on death row are retarded
the retarded account for 10% of executions
Penry v. Lynaugh, 1989
Supreme Court held 8th Amendment does NOT
prohibit execution of the mentally retarded;
Penry was a convicted killer with an IQ of 56
and mental capacity of a 7-year-old.

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““habeas corpus habeas corpus
petition” petition”
a writ requesting a court to review the
conditions of incarceration or the
basis of detention
habeas corpus is the only means by
which a federal court can hear
challenges by state inmates to their
convictions and/or sentences
before an inmate may file a complaint in
federal court, he must “exhaust” all the
administrative remedies that the state
courts make available to him.
definition

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appealsappeals
average time sentence--execution: 7- 8 yrs
recent moves to limit that interval
McCleskey v. Zant, 1991, Supreme Court:
except in exceptional circumstances, lower
federal courts must dismiss prisoner’s second
and subsequent habeas corpus petitions.
1993 Supreme Court: offender who presents
belated evidence of innocence not necessarily
entitled to new hearing in federal court;
evidence must be “truly persuasive”
Anti-Terrorism & Effective Death Penalty Act, 1996
death row inmates must file habeas corpus
petition within one year

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counselcounsel
appointed counsel often receive small fees
eg, $1,000 per case; $20/hr (Alab.);
$11.75/hr (Miss.)
Stickland v. Washington, 1984, Supreme Crt:
defendant has a right to representation that
meets an “objective standard of
reasonableness”
accused must show “that there is a reasonable
probability that, but for counsel’s
unprofessional errors, the result of the
proceeding would have been different.”

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55%
24%
14%
7%
0%
10%
20%
30%
40%
50%
60%
South West Midwest Northeast
where death penalty imposedwhere death penalty imposed
%
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248
82
51 50
43
26
222
0
25
50
75
100
125
150
175
200
225
250
275
TX VA FL MO OK LAothers
where executions happen, where executions happen,
1976 - July, 20011976 - July, 2001
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African
American
43%
White
55%
Other
2%
inmates on death rowinmates on death row
by raceby race