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57 Cards in this Set
- Front
- Back
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Historical overview of executions
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Beheading, hanging, drowning, etc -> until the late 18th century, more cruel
Overtime these methods have changed and evolved with new tools and technology |
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Deterrence
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Primary goal of the death penalty
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8th Amendment
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Methods of execution based on and guided by the 8th Amendment and what we think is cruel and unusual
Historical intent of the framers originally only prohibited the most barbarous forms of punishment, then several court cases began to limit the methods of executions based on the idea of unnecessary cruelty, torture, or lingering death |
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Weems v. US
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Argues punishment was not proportionate to offense, Court held that meaning of 8th Amend. changes overtime, it does not permit excessive punishment
Changes in evolving standards determined by objective indicators: legislative enactments (reflect the will of the people), decisions of juries, USSC (which has NEVER declared an execution method to be cruel and unusual) |
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Length of time to wait for an execution
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Court has inferred long stays do not constitute cruel and unusual punishment
Some inmates spend from 17-23 years on death row waiting which some say is excessive punishment since not sentenced to a 20 year prison sentence Court refused to hear the cases, some justices split but usually less than 4 |
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Executing Sick/Old
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USSC held that it is NOT cruel and unusual to execute elderly and sick death row inmates
Examples of elderly men not being granted appeals or stays based on age or illness |
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Current methods of execution
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1. Lethal injection - most used/primary method (if not available some have alternatives)
2. Electrocution 3. Lethal gas 4. Hanging - least used 5. Firing squad - least used |
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Overview of those executed
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Most white with a white victim, equally male or female
Most executed in South with Texas having highest number of executions Usually death sentence carried out around 11 years after sentence |
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Hanging
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1st method used in US and most common until 1890s
2 main functions: as an execution method, a 'warning' to repeat offenders Slow death by strangulation or long drops that broke the death (often botched where it took a long time or were decapitated) Conducted by county sheriff NH and Washington still have this method |
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Firing Squad
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Five marksmen shoot at the seated inmate (head covered, bound to chair, leather straps, white cloth pinned over heart, stand 20 ft away armed with rifle with 1 round, 1 has a live round/4 blanks and everyone shoots at signal)
Used in response to botched hangings, botched executions were rare with this method (die due to blood loss, tearing of the lung, etc) Less than 150 people have ever been executed by firing squad, UT (if sentenced before 2004 and chose) and OK still use (only if LI & E found unconstitutional) |
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Electrocution
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Most common method in 1900s
Option in 9 states (only method in NE til 2008) American invention after a search for a more humane and efficient method of execution (hanging alternative), 1988 Electrical Execution Act passed but did not specify type of electrical current to use, later determined to be AC; NY first to build it and use it Supposed to be better than hanging but often needed multiple jolts administered with possible flames and smoke, lots of botched executions Offender shaved and strapped into chair, metal skull cap electrode to scalp with a natural sponge dipped in saline, another electrode attached with conductive jelly and attached to legs, then blindfolded. Go to observation room where warden signals executioner to pull handle of power supply, body tenses and relaxes and doctors check the heart. Inmate left with small burns where the electrodes were attached to skin. |
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Lethal Gas
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Started after its use in WWI, primarily from 1920s-1940s (only 4 states have as alternative to LI)
Cyanide gas to be administered while the inmate was asleep in their cell without warning but changed to a small chamber to contain gas where tied to a chair with sulfuric acid below, put pellets of cyanide into the acid creating lethal hydrogen cyanide gas (heart monitor or stethoscope placed on inmate inside) Uses the 'unknown executioner' concept since only one pellet is actually cyanide Inmate instructed to breathe deeply but most try and hold breath. Many feel pain/anxiety, sometimes takes a couple of minutes and skin may turn purple. Die eventually from hypoxia (lack of oxygen to brain). Then fans suck the poison air out of the chamber, body sprayed with ammonia to neutralize and then 30 min later removed wearing protective wear Building chamber is very expensive |
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Lethal Injection
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Became viable option in 1970s; OK first state to authorize its use and NE last one to adopt in 2009; today most common and primary method used
'intravenous administration of a lethal quantity of an ultra shot acting barbiturate in combination with a chemical paralytic agent'; Cocktail of: sodium thiopental (anesthetic), pancuronium bromide (muscle relaxant), and potassium chloride (stops the heart) Much cheaper than gas chamber and electric chair (economic motivations) Medical drawbacks: short-acting anesthetic (may wear off before 2nd meds so can be painful) and hippocratic oath (original hesitation) so doctors not encouraged to be a part of it only pronounces them dead Issues: differences in number and amount of drugs used, who does the executing, how they're trained, whether it's a machine or person injecting the drug, get medical training/is the job public or private, problems finding veins in drug users, usually flush saline between each drug which can take more than 30 mins, inadequate dosing based on body size |
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Execution Process
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1. Death Warrant signed
2. Inmate in Death Watch 3. Exact time is determined by warden (usually 12am or 6pm), must consider security, demonstrators, publicity, time to carry out executions, delays in execution, etc 4. Day of, prison is closed to all except those directly involved 5. Have a briefing and go over execution materials (check multiple times) 6. Last meal (couple of hours before) and may be given a sedative 7. Witnesses briefed on what to expect 8. 30 minutes before inmate moved into execution room and given IV/strapped down/heart monitor 9. Witnesses taken into room 10. Last statements given 11. Governor calls and gives go ahead if no stays or issues 12. Death Warrant read and execution begins 13. Physician pronounces dead |
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Death Warrant
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Beings the execution process
Date and place for execution (set by judge sometimes) Issued by the governor (pres. in federal cases) List execution as homicide and removes any criminal liability from executioner There is a length of time that the warrant has to be executed or a new warrant must be issued |
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Death Watch
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Once warrant is signed inmate moves with all belongings from DR to death watch holding cell (either immediately or 24 hours before execution)
CO placed outside the cell and watches 24/7 sometimes logging behavior every 10 mins, keeping inmate calm and under control Cell has TV, VCR, cards, magazines, etc and can get cigarettes or soda from commissary Some states have liberal visitation policies (multiple days a week, 2 people per visit) and can be attorneys, friends, family, religious advisors, on day of execution may vary |
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Witnessing the execution
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Usually must have a direct relationship to witness execution such as family of victim, family of offender, attorney or religious advisor of offender
May be placed in separate rooms and witnesses see offender after prepped and covered, some have 2 way mirrors, others have clear glass States require a certain number of official witnesses and medical personnel (FL requires 12 official witnesses, 6 for print media, 6 for TV or radio) All witnesses sign saying an execution took place and all media personnel may be briefed again and confirm last statement |
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FL executions
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1. Allen Lee "Tiny" Davis - last DR inmate to be in electric chair (killed 3 individuals, one was pregnant)
2. Danny Rolling - murdered 5 Gainesville students, and confessed to killing 8 people total 3. Aileen Wuornos - killed 7 men in FL 4. Ted Bundy - confessed to 30 homicides, including 3 in FL |
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Deterrence
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Often used as a justification or rationale for the death penalty, used to be main reason but decreasing and moving toward retribution
Presents the idea that we can prevent people from committing capital offenses by using legal penalties (DP) to create fear and deter people |
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Types of deterrence
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1. General - the belief that people in general will be prevented from engaging in crime by punishing specific individuals; cost of punishment outweighs the benefit of committing the act (why executions were in public during colonial days)
2. Specific - the belief that punishing a particular individual will keep that same individual from committing the crime again, only focuses on person being punished so does not apply to DP since the person can't come back and refrain from crime |
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How does deterrence work?
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3 things need to be present:
1. Severity - how harsh or severe the punishment is (must be proportionate to offense) 2. Certainty - what is the probability that you will get caught and be punished for your actions 3. Celerity - how swift or immediate the punishment is from when you committed the crime |
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Expected Utility
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Operates on the assumption that we are all rational and reasonable
Assume we all have the ability to calculate the pros and cons to certain behavior If the benefits outweigh the punishment -> crime If the punishment outweighs the benefits -> no crime |
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DP in research
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1. Compare murder rates in states with or without DP: these studies show no deterrent effect - murder rates were similar in states with and without DP
Police killings: looked at the protection factor that the DP may provide police (many assume that people will be less likely to carry and use a gun when arrested because of the threat of DP) Prison murder rates: Tried to examine the effect that the DP has on inmates (does having the DP reduce the threat to a CO's life?) - no deterrent effect in either of these 2. Compare murder rates in states before and after it abolishes the DP or its reinstatement or Compare murder rates in the same state before and after its institution of DP: these studies show no deterrent effect 3. Compare murder rates just before and just after highly publicized executions: these studies show mixed results (some show a small, short-term deterrent effect usually limited to area where execution took place and some show a brutalizing effect with an increase in the murder rates immediately following the execution) |
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Ehrlich's 1975 study
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Economist who was first to punish the DP did have a deterrent effect which gave credibility to the deterrent argument
Criticized earlier studies: failed to control for additional factors that might influence murder rates, compared states that had/didn't have DP, not that used/didn't use DP Used multiple regression analysis to account for all the potentially influential factors (murder arrest rate, murder conviction rate, unemployment rate, income, execution risk, etc) Found 'an additional execution per year... may have resulted, on average, in 7 or 8 fewer murders' (so execution would have served as a deterrent for 8 murders) Criticisms: Failed to compare to LWOP, ignored regional differences, etc. |
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Research after Ehrlich
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Studies since have explored the deterrent effect of DP
Some find a deterrent effect for DP, some find additional murders associated with pardons, commutations, and exonerations Some do not find a deterrent effect all for DP, uses same analysis as Ehrlich Still issues with many of these studies: lack LWOP comparison, fail to measure for degrees of murder, regional influences, missing data, TX, knowledge of execution risk, etc National Research Council stated that studies claiming deterrent effect are fundamentally flawed and should not be used when making policy decisions UCR showed South has the highest murder rate: south accounts for over 80% of all executions, the NE (which accounts for less than 1%) and the West have the lowest murder rates |
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Counter-arguments to studies showing no deterrent effect
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1. Value of such research is weak and unreliable based on the statistical evidence used, major problems: inconsistency of results in deterrence studies (i.e. under the assumption that this was replication, want to see similar findings overtime, reliable) and those who are deterred by DP are not included in the study (need a control group - those who commit crime when DP present and those who do not commit crime when DP present and look at differences across groups
2.Contrary experience of those in LE (do they believe that the DP serves an effective deterrent from committing future violent crime - they interact with offenders most often so people assume they should know what deters), major problem: police officers believe DP is a deterrent (may not be true anymore since 1995 study showed DP not favored by 2/3 of police chiefs etc) 3. Inherent logic of the deterrent power of the threat of death, it is logical to believe that the DP is deterrent (theoretically we want to think this is the ultimate punishment - enough to keep people from committing crime we don't want them committing), major problems: intuitive sense does not equal an actual effect and there is always anecdotal evidence to support the deterrent effect, but this is not the norm (confirmation bias) 4. From the mid 1960s through the 70s, the homicide rate increased as the number of executions decreased, major problem: this 15 year span discounts the idea that DP has no deterrent effect, however, there are fluctuations in homicide and general crime rates each year/decade (need to look over large span of time) 5. studies have been unable to find a deterrent effect because the DP has not been used as often recently so we do not see the desired effect, major problem: DPs use in recent years is lessening and the increased number of years waiting for an execution date are masking the deterrent effect (need frequency and swiftness to show deterrent effect) |
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Brutalizing Effect
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DP may actually cause more murders, many studies show
Suicide-murder syndrome (ex. Pamela Watkins tried to commit suicide several times - she failed and then strangled 2 kids to make sure she would be executed) Executioner syndrome - the idea that they are killing others who are a problem to society (so they are murdering as a public service or may want fame associated with being a well known criminal) |
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Incapacitation
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Physically preventing capital offenders from committing future crimes
2 types: prison term & DP, DP permanently removes the threat to society because physically unable to commit similar crimes and helps reduce society's fear and increases safety Endorsed as a rationale for DP by only 7% of DP supporters, may be able to get the same effect of incapacitation with less severe punishment (LWOP) yet there is also risk of escape, parole, and danger posed to other inmates and prison staff |
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Escapes
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DP supporters say possibility of escape/parole makes incapacitation via DP important
But escapes not really big issue, according to BJS less than 1% of the total prison population escapes during time behind bars (includes all of prison pop.) Parole: the same judgment call that is entrusted to prosecutors/judges/juries because give board of CO the power to examine the progress rehabilitation of each offender, current rate of release for parole is 25% considering some people take multiple times before board before released |
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LWOP
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Both LWOP and DP assume the offender is beyond rehabilitation and assumes they cannot be reintegrated (cut off their access to crime through prison)
LWOP has reduced the number of death sentences (prosecutors use this as a PB technique to increase conviction rate) LWOP doesn't completely remove chance for violence, ex. violence on other inmates or guards but studies show they are no more likely to offend than DR inmates or those with set # of years (COs say that lifers or DR are best behaved and many can lose things like visitation, rec time, etc.) Some offenders actually rehabilitated and make positive contributions to society (if they do recidivate often due to parole violation or new law violation for drug or property offense) Texas study identified 6 factors related to future crime: 3 offense (robbery/burglary murder, multiple victims, previously attempted murder/assault), and 3 offender (gang membership, prior prison time, Age) characteristics |
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DP myth
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DP is cheaper than LWOP or other alternatives, argue it saves tax payer money to execute
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Before/After Furman Costs
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Before Furman: DP not very expensive, executions happened quickly (close to date of conviction) with little review, actual executions cheaper
After Furman: DP more expensive, Furman led to implementation of many protections and procedures (safeguards) for the DP, requires super due process for DP cases during trial and post-conviction reviews, adds time and cost such as jail cost, trial fees, attorney fees, review process, and execution itself |
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Actual Costs
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Can range from $1-$3 million a case (DP = $432,000 in WA, LWOP = $153,000)
DP: Average US rate ranges from $2.5 to $5 million per case, some much higher LWOP: Assuming a plea bargain, approximately $1 million per case with $23,000-$70,000 per year for prison costs; depends on age and length of imprisonment (younger offenders will cost the state more than older) |
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Timeframe
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DP: higher cost upfront with the trial and the conviction/sentencing process
LWOP: cost comes over an extended amount of time - state has to pay to house each offender per year Even if equal harder to pay lump sum at once then over course of 20-30 years And many states incur cost of full DP case + paying to keep them incarcerated for many years (so actually amount of people you attempt to execute not just who actually does) |
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Pretrial
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Costs start immediately
1. Investigating the crime - may spend more time and money investigating capital crimes 2. Possible jail time while waiting for trial with meals, security, escorts, etc. 3. Grand jury - usually will be ordered by the judge 4. Preparing for trial (both phases) - attorney fees for both sides 5. Motions - usually working to preserve and ensure prover review after trial, cost with preparing and filing motions and having experts |
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Trial
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Few cases actually go to trial but DP cases 10x more likely to go to trial, rarely pled out (death is different)
Trials last longer for DP cases and cost more because bifurcated, each phase can include: voir dire, jury consultants, attorney fees, expert testimony, witnesses, accommodations, court costs, etc. DP Trial cost is 3.5x as much than non-DP trial |
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Post-trial
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Automatic appeal can repeat some of the same pretrial and trial costs again and court may order new trial and/or sentencing
Proportionality review (if completed) requires data to be collected and analyzed which can be costly Defendant can contest all or part of the original trial/sentencing through the state or federal level appeals |
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Imprisonment
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Offender needs to be housed somewhere during post-conviction appeals and awaiting execution
Usually in a prison (NOT jail) Both LWOP and DP incur this cost Inmates average 10-12 years on DR before execution vs. 30-40 year average for LWOP DR more expensive than some max or med-security prisons because of single cells, higher security, more access to commissary and other privileges, so estimates range from $1000-$90,000 more per year |
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Execution
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Usually not very expensive for any method (after start-ups)
Electrocution: start up around $35000 but $31/person Hanging: $85000 set up but cheap execution Lethal gas: $200,000 gas chamber, $250 cyanide pellets per execution Lethal injection: $30,000 start up and drugs vary $70-$700, recently payment has been problematic because harder to get and if statute states that will be executed with a certain drug can't change of reason for appeal, limited supply may increase cost Executioners payment can be $150-$500 per execution, varies based on method and # needed Disposal of body for both DP and LWOP: if family claims then state not responsible otherwise state pays for it |
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Costs for mistakes
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Wrongly imprisoned defendants can file for monetary compensation
20 states, DC, and fed govnt have wrongful conviction compensation in statues: 2004 Innocence Protection Act |
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Facilities
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Vary based on:
1. Supervision styles: direct (CO inside) and indirect (CO outside) 2. Housing units: open bay housing units (open room with bunk beds, minimum risk offenders), cell housing units (cell to sleep in), room housing units (individualized) 3. Designs: linear (surveillance), podular (grouped together), omniview (360 degree of all housing units) |
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Jail vs. Prisons
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Jail: for those sentenced to a year or less of incarceration, holding individuals during arraignment or while awaiting other actions such as trial or sentencing, hold readmissions (probation, parole, and bail violators), temporarily detains juveniles and mentally ill, sometimes a holding place (for military, protective custody, contempt, witnesses), transfer inmates, house prison inmates when overcrowding
-usually run by local counties -typically houses those offenders sentenced to less serious offenses, usually dormitory style living -overcrowding big issue, plus many are old, understaffed, unsanitary, etc Prison: for those sentenced to a term of incarceration of more than one year or DP -state or federal institutions -typically houses those offenders sentenced to more serious offenses than jails |
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Prisons
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Maximum security - serious offenders and offenders who pose a security risk
-living area unusually in the center of the institution -not permitted a lot of freedom or movement (better to respond to riots or disruptions) -there is usually a buffer zone between the outer wall and the community Supermax - houses notorious offenders and problems inmates from other institutions (those violent and assaultive on other inmates and staff) -often include total isolation and constant lockdown |
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Prisonization
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The process whereby newly institutionalized offenders come to accept prison lifestyle and criminal values; prisoners are socialized into the prison subculture and principles of inmate society
The longer an inmate stays in prison, the more prisonized they become, the more difficult it will be to reenter and the more likely they will return to crime post-release Deprivation model - explains prison society as a reaction to the shared deprivation of prison life (deprivation of freedom, romantic relationships, good food, etc.) Importation model - a theory that inmate society is shaped by the attributes that inmates bring with them when they enter prison (ex., inability to cope, depression, anger, low self-control) |
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Social structure of prison
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Prisoner-staff dichotomy
Work gangs and cell-house groups Racial groups Type of offense Power of inmate "politicians" Degree of sexual abnormality Record of repeat offenses Personality differences due to pre-prison socialization Disorganized and unstable because of increasing racial heterogeneity, racial polarization of modern prisoners, presence of prison gangs, court litigation, rise and fall of rehabilitation, increased politicalization of inmates |
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Prison gangs
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1. Neta (Hispanic PR)
2. Aryan Brotherhood (White) 3. Black Guerrilla (Black) 4. Mexican Mafia (Mexican American/Hispanic) 5. La Nuestra Familia (Hispanic/Mexican-American) 6. Texas Syndicate (Hispanic/Mexican-American) Numbers are small in FL prisons |
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Convict code
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A constellation of values, norms, and roles that regulate the way inmates interact with one another and with prison staff
1. Mind their own affairs 2. Not inform the staff about illicit activities of other prisoners 3. Inmates should be indifferent to staff and loyal to other convicts 4. Conning and manipulation skills are valued 5. Don't wine, be a man 6. Don't be a sucker, don't trust guards or staff 7. Don't break your word 8. Play it cool 9. Never rat or snitch |
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Prison slang
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Fish = newly arrived inmate
Fish tank = holding cell for new inmates Billy = a white man Chester = a child molester Ace duce = a best friend Man walking = signals a guard is coming Kite = a note sent from cell to cell Nickel = 5 year sentence Dime = 10 year sentence |
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Prison lifestyle
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Doing Time - getting out as soon as possible and avoiding any discipline or situations that can lead to more time
Jailing - achieving positions of influence in the inmate society Gleaning - trying to take advantage of the resources available for personal betterment |
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Violence and victimization
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More physical violence today by inmates than before
Institutional reasons for high rates: improper management and classification practices by staff, high levels of crowding and competition over resources, young age of most inmates in many prisons, increases in racial tensions and prison gang activity Motives include to demonstrate power and dominance, to retaliate against a perceived wrong, to prevent the perp from being victimized in the future |
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Daily Routine
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Single cells - general pop has smaller cells than DR
Meals - 3 meals a day prepared by inmates @ 5am, 10:30am, 4pm, eaten in their cells or in day room (last meal exception), can get access to commissary Visitors - all must be preapproved, only limited number of hours Showers - not everyday, typically every other day or 3x a week Security - DR inmates counted every hour and are always escorted in handcuffs, always in cell unless for visitation, court, or medical Mail - mail every day but opened and checked before Entertainment - rec time, tv, radio, some states allow cigs Clothing - all inmates wear clothing that helps staff ID their status in facility, usually wear solid colors not stripes |
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Due Process
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Inmates can face disciplinary action for breaking prison rules
USSC held that they are entitled to due process including disciplinary hearing by impartial body and 24 hrs written notice A written statement of the evidence relied on and the reasons for the disciplinary action An opportunity to call witnesses and present documentary evidence, provided this does not jeopardize institutional security |
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Custody levels
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An inmates custody level indicates the degree of precaution to be used when working with that inmate
Protective custody: inmates who are vulnerable to assault by other inmates may be designated for protective custody, inmates are segregated in separate housing units or single cells for their own safety Administrative segregation: inmates who represent a danger to other inmates or staff may be designated for administrative segregation, keep inmates in secure isolation so that they cannot harm others |
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Disciplinary measures
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Broad discretion in dealing with rule violations
If staff members decide to file formal disciplinary reports, inmates face a disciplinary hearing and may have privileges restricted, be placed in solitary confinement, experience other sanctions |
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Access to Legal Services
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USSC granted inmates unrestricted access to fed courts, ability to challenge in fed court confinement and conditions under which they are confined, conditions of confinement
Most prisoners are working on their cases while incarcerated so many see legal assistance (Jail house lawyers must be allowed to help inmates and that inmates are entitled to an adequate law library) |
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Religion
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Free to practice either conventional or unconventional religions in prison and prison officials are obligated to provide accommodations
Restrictions may be imposed where prison officials can demonstrate convincingly that religious practices compromise security or are unreasonably expensive |
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CO
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Represent the majority of staff members in a prison, are responsible for the security, have most frequent and closest contact with inmates, are underpaid for a difficult and dangerous job
Face many conflicts: boredom and stimulus overload, role ambiguity and role strain (officers are expected to both supervise and counsel inmates), lack of clear guidelines on how to exercise their discretion in dealing with inmates, limits on their power and the need to negotiate voluntary compliance from inmates |
