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Death Penalty Final

a data set by Tatum
created May 4, 2016
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TermElaboration
local controlLocal control is a ‘normal and unremarkable’ thing in the US Court Systems. This is a strong US traditional view (DEMOCRACY) (FEDERALISM)
Donohue Study of ConnecticutNumber of death sentences in CT depends on the DA, if the constituents vote a DA who is pro death, that is their decision, Geography matters
high death sentences low executionsOrange County, California and Philadelphia
Racial Justice ActRJA (2009) allows inmates to be removed from death row and be resentenced to LWOP if they can show statistical disparities: By race of inmate By race of victim In the use of peremptory strikes of potential jurors. It was the only program to combat racial bias in the justice system in the US, led to the racial. Led to Restoring Proper Justice Act in 2015 that made it so a physician does not have to be present at execution to jumpstart and speed up executions.Capital defendants can challenge their death sentences if they successfully prove that race was a significant factor, they can use statistics (contrast to McClesky). Relief is Life w/out parole. First introduced in 2009, revised in 2011, repealed in 2013
McClesky v Kempstatistics don’t count, have to prove ‘intent to discriminate’ in individual cases. 1987, Dred scott of the 20th century
Costs of having paperLoss of citizenship rights Lose favor of police Lose credibility as witness for own defense( but not as witness for the prosecution!) Lose leverage/independence, susceptible to pressure No credibility if you were to complain
Number of homicides in the US in 201414, 249
Number of homicides in North Carolina in 2014527
Executions in the US in 2015:28
US Executions since 19761435
NC executions since '7642
% female homicide10%
% females executed1%
% black homicide victims30-40%
% white female victims10-15%
% executed that were sentenced to death in US since '7613%
largest US death row state todayCali
Some countries w/o death penaltyArgentina, Mexico, Brazil, Cuba, Russia and Belarus
Some countries w/ death penaltyChina and Japan
DP abolished states in last 10 yrsIllinois, New Mexico
# exonerated in US158
NC county w/ most death sentences since '76Robeson
City with most homicidesLA
City with highest homicide rate per 100,000New Orleans
City with most executionsHouston
City with most executions: LA, St Louis, Chicago?St Louis
City/county with most executionsHouston, Harris County, Texas
State with the death penaltyOregon
"white lady in the car" with HintonGPS (Caren *fist shake*)
Montgomery v Louisiana retroactively applied Miller v Alabama’s decision that this was unconstitutional for juvenile offenders.Mandatory LWOP
Alford pleaPlea guilty w/o acknowledging guilt.Allows an individual to plead guilty but maintain innocence if there is evidence that a jury will likely find them guilty beyond reasonable doubt.
George StinneyExecuted at 14 years old in SC in 1944, only person to be exonerated after execution
% black victims by black inmates40%
Judge Davis nicknameThe Deacon
Now unconstitutional cutoff for mental disability70 IQ score
Center for DP Litigation (CDPL)Defended Bo Jones in the last Lawyer
Primary Witness against Bo JonesLovely Lorden
Gary Griffenconvicted murderer, now works as an investigator for the state on capital defense
County Bo Jones was tried inDuplin
Peffley and Hurwitz Brace vs Hall Decision determined that in states that states are supportive of death penalty, supreme court justices more likely to uphold death sentences -Legislatures influenced by the public
Dispositional factorsviolent tendencies, no sense of right or wrong, whites favor these to explain why blacks are overrepresented in prison
Structural factorsPoverty, Biased policing, blacks favor these to explain why blacks are overrepresented in prison
Jones v ChappellCali dp is unconstitutional (later reversed bc of procedural error), Ernest Jones got dp in '95, still on death row in 2014, cali death row =life in prison, without the possibility of parole, with remote possibility of death. there is no penological purpose. More likely for inmates to die of natural causes..Irony: the ruling was invalidated because the state appeals were not complete, so technically it was not yet a federal case.
Cali death row, #sentenced since '78, # executed900 sentenced, 13 executed
Delay on death rowreduces deterrence and retribution goals
Ronald CottonIn prison for 11 years for raping two women, bobby poole was the real rapist, DNA testing from rape kit cleared his name
Trop v. Dulles(1958): Eighth Amendment "must draw its meaning from the evolving standards of decency that mark the progress of a maturing society."
Furman v. Georgia1972, 5 to 4 decision:court ruled the death penalty status in these cases unconstitutional cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.
Furman v Georgia; why is dp unconstitutional?Ø Unequal application, arbitrary. Ø Disproportionately imposed on the poor, black, and other minorities Ø -The death penalty is unusual if it discriminates defendant by reason of his race, religion,/ wealth, social position, or class, or if it is imposed under a procedure that gives room for the play of such prejudices. Ø *Invalidated 39 out of 40 State Statutes* Ø *35 states passed new legislations that would later be reviewed in Gregg*
Gregg v. Georgia1976, 7 to 2 decision:Saved for the worst of the worst, bifurcated trials, proportionality review: Direct appeals, Post-conviction appeal( state Habeas corpus), federal habeas corpus, limit number of crimes that are death eligible
Woodson v. NC 1976, 5 to 4 decision, NC law that made dp mandatory for arson, murder, burglary and rape in reaction to furman, is unconstituional, response to law imposed after State v Waddell in 1973
State v Waddell1973, Fill in!
The Baldus StudyThe Baldus Study showed that disparity in the imposition of the death sentence in Georgia based on the murder victim's race, black defendants who killed white victims have the greatest likelihood of receiving the death penalty.
Perry v Louisiana1990, ussc case of legality of the forcible medication of a death row inmate with a mental disorder in order to render him competent to be executed.
Barnard v collins 1994, separated mental illness from awareness. Focuses on the idea of the defendant’s perception of what is happening. Very hard to determine this.
Lackey v texas 1995, fill in!
Atkins v. Virginia2002, Overruled Penry v. Lynaugh, 6-3 majority the execution of mentally retarded people violates the 8th amendment as cruel and unusual punishment
Roper v Simmons2005, 5-4 majority ruled that Eighth and Fourteenth Amendments forbid the execution of offenders who were under the age of 18 when their crimes were committed. Relied heavily on the ruling of Atkins, Drew comparison on evolving standard of decency, changing national opinion, culpability of juveniles.
Miller v Alabama2012,Miller was 14 years old when he committed murder and arson. v Ruled life imprisonment without the possibility of parole was unconstitutional for juvenile homicide offenders.
Montgomery v LousinanaFill in!
State v. Womble2014,NC Innocence Inquiry Commission found him innocent. Womble signed a confession after being threatened with hanging. Womble could not read and did not know what he was signing other than he was fearful and being lied to (Convicted 1976, Freed 2014).
Glossip v Gross2015, ruled OK execution was not unconstitutional, Petitioners argued that the use of midazolam, fails to render a person insensate to pain and therefore violates the 8th amendment Ø Court ruled that they must provide an alternative with lesser risk, Ø Justice Breyers dissent concluded the Death penalty itself is unconstitutional under three fundamental constitutional defects: § Cruel because it is Unreliable, innocent people have died § Cruel because it is arbitrarily imposed, doesn’t distinguish between the worst of the worst. influenced by factors such as race, gender, geography, prosecutorial discretion(jury bleaching), insufficient resources to represent capital inmate, and political pressures on elected judges § Cruel because of long delays that undermine its penological purpose.
Hall v. Florida2015,IQ at the hard line of 70 is unconstitutional when determining whether someone has mental disability and if they are eligible for execution. There is no one hard and fast IQ and that there are border line cases.
Dieter(2013)2% counties account for more than 50% executions.85% counties: 0 executions in the last 45 years
motivated reasoningbelieve facts consistent with what already know, throw out/ question other things. Good for most things in life but not politics because makes it really hard to change people's views and them thinking of counter arguments often strengthen already existing views making change in that view a gradual process.
backlash effectwhen people were confronted with the idea that the death penalty is racially biased, support jumped up. Fact started people, so they overcompensated in their answers.
innocense inquiry commissionUnique to NC, 2006, allows claims of actual innocence to be reviewed more easily somehow NC is the only state that has this, they examine actual innocence not if your trial was procedurally fair like other appeals do. They’ve reviewed 2,000 cases and have exonerated 9 people.
Peffely and Hurwitz(2007)- Persuasion and Resistance There are two causes of crime: structural and dispositional, African Americans tend to be open to structural reasons while whites are more open to dispositional reasons. Asked three questions regarding support for the death penalty- in control question white support was 65% while Black support was 50%, the race prime increase white support 12% and decreased black support 12%, and the innocence prime reduced white support to 64% and black support ot 34%. White people are more hostile to structural reasons so the innocence argument is easier to accept.
History of Innocense Projects1983-Centrion, 1985- Chicago Law, 1980’s- DNA work, 1990- DPIC created, 1992- Innocence project, 1992-2000- 80 more innocence projects
Important Execution %sSince DP reinstating, all DP executions stem from cases in 15% of counties. 85% of counties have not had an execution in 45 years o Texas: 38% of executions o Virginia, Oklahoma, Florida, and Texas: 60% of executions o The South: 82% of executions
Politics of reaction on DP3 frames: law and order, states rights, culture wars “Southern strategy”: tough on crime angle
looking deathworthy 24.4% of those Black defendants who fell in the lower half of the stereotypicality distribution received a death sentence, whereas 57.5% of those Black defendants who fell in the upper half received a death sentence. most prevalent in interracial cases. black juveniles more likely to be tried as adults than whites.
#blacklivesdontmatterkillers of blacks face dp only 15% of time, black men are 50% of victims, white victims: 4x as likely to receive dp, W on W, B on B, His on His= 80% of homocides
implicit biasshemas
state v robinsonfill in!
Prosecutorial ImmunityImmunity for official action. Imagine you are a DA and you investigate 3 people for murder eventually dropping 2 and charging 1. Can the other 2 sue for you ruining their lives by interrogations, jail time, publicity? NO.
% false confessions of exonerees15%
explicit biasknown and discussed.
% of Plea bargaining 90% of death penalty cases end in a plea bargain (for LWOP)
Prosecutorial Discretion Prosecution has the right to seek death or not. Before 2001, there was no prosecutorial discretion. NC was last to drop this mandatory event.
2nd degree murder punishment16-20 year for B1 10-13 years for B2
Voluntary Manslaughterin response to provocation, no premeditation, 5 years
involuntary manslaughterdrunk driving, texting and driving, 1 year
Death qualification Have to support the death penalty in order to be on a capital case court
Radelet and Borg Deterrence- no longer a strong argument. No proof either way. Incapacitation- also on the decline with LWOP as an option Caprice and Bias- increasing evidence but not new (Furman) Cost- this argument has gone from a pro DP argument to an anti death penalty argument Miscarriage of Justice- increasing evidence. This was absent in 1980s Retribution- pro death penalty argument that has grown. Vengeance, even if it does not deter, they deserve it.
“Bomb proofing” When you conduct a study you do everything possible to control for variables, make sure your results are valid etc, basically so your conclusions are irrefutable. Baumgartner did this in his research on framing I think.
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