Corrections

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C u

r r e n

t U

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•History

•Identification

•State

•Federal

•U.S. Military

•Special Populations: Juveniles

•Special Populations: Females

•Special Populations: Mentally Ill

•Methods of Execution

•Supreme Court Decisions

•Appeals

•Clemency

•By the Numbers

C o n

c e r n

•Costs

•Exonerations

•Deterrence

•Support

(Geralt, n.d.)(PhotoLizM, 2014)

 Capital punishment, also called the death penalty, is currently utilized by

31 states as well as the U.S. military and the U.S. government.

 This means that those entities have designated certain crimes to be capital

offenses, allowing the convicted to be sentenced to death. Capital offenses

vary by jurisdiction.

 The United States is considered an exception among other westernized

nations due to its retention of capital punishment.

 It is the most extreme sanction in the correctional system. Rather than

provide rehabilitation for criminal behavior, it vanquishes society’s most

severe offenders (DeLisi & Conlis, 2013).

Currently, 31 states have the

death penalty for capital crimes.

All but two states (Tennessee

and Missouri) segregate their

death row inmates.

However, public opinion,

lobbying legislative changes,

judicial rulings, and economic

crises are changing the capital

punishment debate (Schmalleger

& Smykla, 2013).

(Death Penalty Information Center, n.d.-m)

 Many states are

choosing to

eliminate the death

penalty.

 Watch the video on

the right; the video

provides information

about New Jersey,

which removed the

death penalty in

2007.

https://www.youtube.com/watch?v=fxAudC_hkRk

 In 2012,

Connecticut also

repealed the death

penalty. Watch the

video on the right,

which provides

information from

the families of the

victims.

https://www.youtube.com/watch?v=EFWSCvQx2dU

 At the federal level, 41 crimes are eligible for capital punishment. Some of

these crimes are listed below:

 treason,

 murder involving torture,

 death resulting from aircraft hijacking,

 murder related to rape or child molestation,

 murder for hire,

 terrorist murder of a U.S. national in another country,

 murder related to the smuggling of aliens,

 civil rights offenses resulting in death,

 genocide,

 espionage,

 murder of a federal judge, and

 murder of a court officer or juror.

 Suggested Reading: See the complete list at

http://www.deathpenaltyinfo.org/federal-laws-providing-death-

penalty?scid=29&did=192

http://www.deathpenaltyinfo.org/federal-laws-providing-death-penalty?scid=29&did=192

Learn more about

current federal death

row inmates by clicking

the picture on the right.

(Geralt, 2014)

http://www.deathpenaltyinfo.org/federal-death-row-prisoners#list

 Currently, about 15 offenses are eligible for capital punishment; however,

many of these are only eligible during wartime to include desertion or

disobeying a superior officer’s orders (Death Penalty Information Center,

n.d.-o).

 A high-ranking commanding officer who brings the case to trial decides

whether capital punishment will be sought.

 Once it is decided that capital punishment will be sought, the case is tried

before a panel of 12 members (Death Penalty Information Center, n.d.-o).

Offenses committed

at any time

Mutiny/sedition

Misbehavior before the enemy

Subordinate compelling surrender

Forcing a safeguard

Aiding the enemy

Espionage

Improperly hazarding a vessel

Premeditated murder

Felony-murder

Rape

Offenses committed

during war

Desertion

Assaulting/willfully disobeying a superior

commissioned officer

Improper use of countersign

Spying

Misbehavior of sentinel

Offenses that are grave

breaches of the law of war

Willful killing, torture, or inhumane

treatment including biological experiments

Willfully causing great suffering or serious

injury to body or health

Unlawful deportation or transfer or unlawful

confinement of a protected person

Compelling a protected person to serve in

the forces of a hostile power

Willfully depriving a protected person of the

rights of fair and regular trial prescribed in

the present Geneva Convention

Taking of hostages and extensive destruction

and appropriation of property, not justified

by military necessity and carried out

unlawfully and wantonly

(Bohm, 2012, pp. 111-112)

 In Roper v. Simmons, the court ruled that the standards of decency had

evolved, therefore rendering the execution of juveniles to be cruel and

unusual punishment, which is a violation of the 8th Amendment (Roper v.

Simmons, n.d.). Furthermore, the justices determined that capital

punishment is a disproportionate punishment for juveniles.

 The court also mentioned the international opinion against the death

penalty for juveniles. Justice Kennedy wrote in the majority opinion that

when a juvenile offender is involved in a heinous crime, the state can

allow for the forfeiture of some of the most basic liberties; however, the

state cannot ruin his or her life and his or her potential to reach a mature

understanding of his or her own humanity (Death Penalty Information

Center, n.d.-p).

As compared to men, the death row

population for females is small.

Execution of female offenders is

rare with only 2.9% of the

executions in the United States

since 1608 (Death Penalty

Information Center, n.d.-q).

Read more about the

methods of execution by

state by clicking on the

picture on the right. (Geralt, 2014)

http://www.deathpenaltyinfo.org/methods-execution?scid=8&did=245#state

 In order to be in compliance with the 8th Amendment, the penalty must be

proportional to the crime.

 In determining proportionality, the court examines three factors:

 a consideration of the offense's seriousness and the severity of the penalty;

 a consideration of how past criminals have been punished within the

jurisdiction; and

 a consideration of how the same crime is punished by other jurisdictions

(Cornell University Law School, n.d.).

 Although the death penalty is not a violation of the 8th Amendment, it

does influence the law as it places restrictions on when a jury may impose

the death penalty and how it is carried out.

Furman v. Georgia

(1972)

•Existing death penalty laws

were invalidated because they

constituted cruel and unusual

punishment, therefore,

violating the 8th Amendment.

Gregg v. Georgia

(1976)

•The court ruled that the death

penalty was not

unconstitutional and allowed

Georgia’s capital sentencing

procedures to continue.

Coker v. Georgia

(1977)

•The death penalty cannot be

imposed on an individual

convicted of female rape as the

sentence is out of proportion

with the crime.

Kennedy v. Louisiana

(2008)

• The Coker ruling was

extended and ruled that

in cases of convicted

child rape, an individual

may not be sentenced to

the death penalty as this

sentence is out of

proportion with the

crime.

Baze v. Rees (2008)

• The lethal injection

method of execution is

not cruel and unusual.

Hurst v. Florida (2015)

• A judge who

independently weighs

the aggravating factors

and enters a sentence of

life or death, after a jury

has recommended death

penalty, violates the 6th

Amendment (Hurst v.

Florida, n.d).

The appeals process for a capital case is different from that in other criminal

cases. Read more about the appeals process at

http://www.capitalpunishmentincontext.org/resources/dpappealsprocess

 Clemency usually provides the final opportunity to reconsider the

carrying out of the death penalty.

 All jurisdictions with the death penalty have provisions for clemency.

 This allows the governor (for states) or the U.S. president (for federal or

military jurisdictions) to exercise leniency or mercy.

 Some states have specialized administrative boards that assist the

governor in making these very important decisions. Some states require

the use of these boards for preapproval (Bohm, 2012).

Governor Has Sole

Authority

•California

•Colorado

•Kentucky

•Mississippi

•New Mexico (no longer

has the death penalty,

but some inmates are still

on death row)

•North Carolina

•Oregon

•South Carolina

•South Dakota

•Tennessee

•Virginia

•Washington

•Wyoming

Governor Must Have the

Clemency

Recommendation From a

Board or Advisory Group

•Arizona

•Delaware

•Florida**

•Idaho

•Louisiana (must be

unanimous)

•Oklahoma

•Pennsylvania (must be

unanimous)

•Texas

Governor May Receive a

Non-binding

Recommendation of

Clemency From a Board

or Advisory Group

•Alabama

•Arkansas

•Indiana

•Kansas

•Maryland

•Missouri

•Montana

•New Hampshire

•Ohio

A Board or Advisory

Group Determines

Clemency

•Connecticut (no longer

has the death penalty,

but some inmates are still

on death row)

•Georgia

•Nebraska (no longer has

the death penalty, but

some inmates are still on

death row)

•Nevada

•Utah

Adapted from “Clemency,” by Death Penalty Information Center, n.d.-b. Adapted with permission.

Broad Clemency Grants

 Maryland (2015)- All inmates

 Illinois (2011)- All inmates

 New Jersey (2007)- All inmates

 Illinois (2003)- All inmates

 Ohio (1991)- 8 inmates

 New Mexico (1986)- All inmates

Notable Clemency Grants Prior to

Reinstatement of the Death Penalty

 Arkansas (1971)- All death sentences

 Tennessee (1965)- All death sentences

 Massachusetts (1964)- Every death

sentence imposed from 1962-1964

 Oregon (1959)- Every death sentence

imposed from 1957-1959

 Oregon (1964)- Every death sentence

after it was abolished in 1964

 Oklahoma (1915)- Every death sentence

imposed from 1911-1915

Adapted from “Clemency,” by Death Penalty Information Center, n.d.-b. Adapted with permission.

Race of Defendants Executed Race of Victims in Death Penalty

Cases

(Death Penalty Information Center, n.d.-e) (Death Penalty Information Center, n.d.-e)

(Death Penalty Information Center, n.d.-e)Number of executions since 1976: 1,426

The federal death penalty was

reinstated in 1988 (Death Penalty

Information Center, n.d.-f).

Since then, 75 defendants have been

sentenced to the death penalty (Death

Penalty Information Center, n.d.-f).

Three of these have been executed

(Death Penalty Information Center,

n.d.-f).

10 were removed from death row

(Death Penalty Information Center,

n.d.-f).

Three were recommended for death,

but two of those three received lesser

sentences, and the last individual had

the death penalty authorization

withdrawn (Death Penalty Information

Center, n.d.-f). (Death Penalty Information Center, n.d.-g)

(Death Penalty Information Center, n.d.-f)Federal executions by race from 1790-1963

(Death Penalty Information Center, n.d.-j)Decline of death sentences in the United States

Capital punishment is a costly

measure.

Due to how long it takes to

finalize things within the system

and as a result of how complex

things are, the funds for crime

prevention, victim’s services,

and other community needs are

not present after being focused

on capital punishment (Equal

Justice USA, n.d.).

Washington

Costs for the death

penalty: $3.07 million

Costs without the death

penalty: $2.01 million

Nevada

Costs for the death

penalty: $1.03-$1.3

million

Costs without the death

penalty: $775.000

Maryland

The average cost to

reach a single death

sentence is $1.9-$3

million more than a

non-death penalty case.

For the five inmates

executed in MD since

1987, the taxpayers

have paid $37.2 million

(each).

Kansas

Housing death row

inmates costs $49,380

per year as opposed to

the general population

at $24,690 per year.

Defense costs for death

penalty trials averaged

$395,762 vs non-death

penalty cases

($98,963). This is also

true for trial courts

($72,530 vs. $21,554).

(Death Penalty Information Center, n.d.-d)

(Death Penalty Information Center, n.d.-i) (Death Penalty Information Center, n.d.-i)Cost of Maryland’s death penalty Cost of California’s death penalty

Learn more by accessing the resources below.

In order to locate the resources below, you must first log into the myCSU Student

Portal and access the Academic OneFile database within the CSU Online Library. You

may access each resource by entering the article/video title in the search box.

 Levy, P. (2014). An unlikely conservative cause: Abolish the death penalty; some

conservatives argue the death penalty costs taxpayers too much and government can't be

trusted to get it right. Newsweek, 162(13).

 Utah legislators discuss death penalty costs. (2012, August 16). [Video file]. Retrieved from

galegroup.com

 DNA, the gold standard of forensic investigation, has led to the discovery

of tragic mistakes and the freeing of previously condemned convicts.

 Do the risks associated with capital punishment exceed acceptable bounds

(Death Penalty Information Center, n.d.-k)?

 Sixteen individuals, in the last 20 months alone, have been exonerated.

 Fortunately, the public seems to no longer tolerate sacrificing an

individual’s life to maintain an unfair program, which has a questionable

benefit to society.

 Judges, police, and legislators are issuing challenges to the death penalty.

 Furthermore, society is acknowledging that the possibility of an innocent

individual on death row is an injustice that can no longer be accepted.

(Death Penalty Information Center, n.d.-e)Death row exonerations by state total: 156

(Death Penalty Information Center, n.d.-j)Increasing number of exonerations

(Death Penalty Information Center, n.d.-j)Exonerations based on race

(Death Penalty Information Center, n.d.-i) (Death Penalty Information Center, n.d.-i)Causes of wrongful convictions

One of the long standing reasons for capital punishment is the notion of

deterrence. Proponents argue that capital punishment sends a message to criminals

that criminal behavior will not be tolerated (Delisi & Conlis, 2013).

It is believed that if the law condemns one criminal to be executed, others will

change their behavior in order to avoid the punishment. Unfortunately, many

studies have shown that capital punishment is not a deterrent to crime.

(Death Penalty Information Center, n.d.-e)

(Death Penalty Information Center, n.d.-c)

Murder rates in death penalty states and on-death penalty states

Those from the American Society

of Criminology (ASC), the

winners of the Sutherland Award

(ASC’s highest award for

contributions to criminological

theory), and presidents of the

ASC between 1997 and 2008

were surveyed to determine if

research indicated that the death

penalty is a deterrent.

Results are on the left.

88.2% stated that the death

penalty is not a deterrent to

crime. (Death Penalty Information Center, n.d.-n)Is the death penalty a deterrent?

 Support for capital punishment is changing.

 A majority of Americans prefer that an individual serve life in prison rather

than be sentenced to capital punishment.

 Additionally, many agree (53%) that an African American criminal, as

compared to a White criminal, is more likely to receive capital punishment for

the same crime (Death Penalty Information Center, n.d.-a).

 Currently, 37% of individuals oppose the death penalty (Death Penalty

Information Center, n.d.-h).

 27% of Americans say the death penalty is imposed too often (Death Penalty

Information Center, n.d.-a).

The ASC takes this position with

respect to the death penalty.

American Values Survey Gallup Poll

(Death Penalty Information Center, n.d.-h)

(Death Penalty Information Center, n.d.-a)

Learn more about capital

punishment by clicking the

picture on the right.

(Geralt, 2014)

http://ejusa.org/learn/toughquestions/

Learn more about support for the death penalty by accessing the resources

below.

In order to locate the resources below, you must first log into the myCSU

Student Portal and access the Academic OneFile database within the CSU

Online Library. You may access each resource by entering the article/video

title in the search box.

 Bowe, C. (2000, March 16). The Americas: Illinois leads the way in death row

debate capital punishment state halts executions as U.S. struggles with its

conscience amid growing number of exonerated. Financial Times, p. 9.

 Mother fighting against death penalty for daughter's killer. (2016, January 21).

[Video file]. Retrieved from galegroup.com

 Roewe, B. (2012). Report shows 2011 drop in executions: declines also seen in

capital sentences, support for death penalty. National Catholic Reporter, 48(6),

17.

(Geralt, 2015)

http://www.deathpenaltyinfo.org/methods-execution?scid=8&did=245#state

American Society of Criminology. (n.d.). Historical policy positions. Retrieved from https://www.asc41.com/policies/policyPositions.html

Atkins v. Virginia. (n.d.). Retrieved from https://www.oyez.org/cases/2001/00-8452

Bohm, R. M. (2012). Deathquest (4th ed.). Waltham, MA: Elsevier.

Cornell University Law School. (n.d.). Death penalty. Retrieved from https://www.law.cornell.edu/wex/death_penalty

Death Penalty Information Center. (n.d.-a). American values survey: Majority of Americans prefer life without the possibility of parole over death penalty [Graphic]. Retrieved from http://deathpenaltyinfo.org/node/6309

Death Penalty Information Center. (n.d.-b). Clemency. Retrieved from http://www.deathpenaltyinfo.org/clemency

Death Penalty Information Center. (n.d.-c). Deterrence: States without the death penalty have had consistently lower murder rates [Graphic]. Retrieved from http://www.deathpenaltyinfo.org/deterrence-states-without-death-penalty-have-had-consistently-lower-murder-rates#stateswithvwithout

Death Penalty Information Center. (n.d.-d). Costs of the death penalty. Retrieved from http://www.deathpenaltyinfo.org/costs-death-penalty

Death Penalty Information Center. (n.d.-e). Facts about the death penalty. Retrieved from http://www.deathpenaltyinfo.org/documents/FactSheet.pdf

Death Penalty Information Center. (n.d.-f). Federal death penalty. Retrieved from http://www.deathpenaltyinfo.org/federal-death-penalty#statutes

Death Penalty Information Center. (n.d.-g). Federal death row prisoners [Graphic]. Retrieved from http://www.deathpenaltyinfo.org/federal-death-row-prisoners

Death Penalty Information Center. (n.d.-h). Gallup poll: Support for death penalty declines 2%, opposition reaches highest level in 43 Years [Graphic]. Retrieved from http://www.deathpenaltyinfo.org/node/6275

Death Penalty Information Center. (n.d,-i). Infographics [Graphic]. Retrieved from http://www.deathpenaltyinfo.org/Infographics/assets/fallback/index.html

Death Penalty Information Center. (n.d.-j). Innocence and the crisis in the American death penalty [Graphic]. Retrieved from http://www.deathpenaltyinfo.org/innocence-and-crisis-american-death- penalty

Death Penalty Information Center. (n.d.-k). Innocence and the death penalty. Retrieved from http://www.deathpenaltyinfo.org/innocence-and-death-penalty

Death Penalty Information Center. (n.d.-l). Methods of execution. Retrieved from http://www.deathpenaltyinfo.org/methods-execution?scid=8&did=245#state

Death Penalty Information Center. (n.d.-m). States with and without the death penalty [Graphic]. Retrieved from http://www.deathpenaltyinfo.org/states-and-without-death-penalty

Death Penalty Information Center. (n.d.-n). Study: 88% of criminologists do not believe the death penalty is an effective deterrent [Graphic]. Retrieved from http://www.deathpenaltyinfo.org/study-88- criminologists-do-not-believe-death-penalty-effective-deterrent

Death Penalty Information Center. (n.d.-o). The U.S. military death penalty. Retrieved from http://www.deathpenaltyinfo.org/us-military-death-penalty?did=180&scid=32#facts

Death Penalty Information Center. (n.d.-p). U.S. Supreme Court: Roper v. Simmons, No. 03-663. Retrieved from http://www.deathpenaltyinfo.org/u-s-supreme-court-roper-v-simmons-no-03-633

Death Penalty Information Center. (n.d.-q). Women and death penalty [Graphic]. Retrieved from http://www.deathpenaltyinfo.org/women-and-death-penalty

Delisi, M., & Conlis, P. J. (2013). American corrections: Theory, research, and practice. (2nd ed.). Burlington, MA: Jones & Bartlett.

Equal Justice USA. (2008a, September 13). Connecticut’s death penalty is over. Retrieved from https://www.youtube.com/watch?v=EFWSCvQx2dU

Equal Justice USA. (2008b, December 18). New Jersey and the road to abolition [Video file]. Retrieved from https://www.youtube.com/watch?v=fxAudC_hkRk

Equal Justice USA. (n.d.). Tough questions about the death penalty [Video file]. Retrieved from http://ejusa.org/learn/toughquestions/

Geralt. (n.d.). Dollar, currency, finance [Graphic]. Retrieved from https://pixabay.com/en/dollar-currency-finance-660223/

Geralt. (2014, December 9). Monitor, leave, screen, touch [Image]. Retrieved from https://pixabay.com/en/monitor-leave-screen-touch-click-560633/

Hall v. Florida. (n.d.). Retrieved from https://www.oyez.org/cases/2013/12-10882

Hurst v. Florida. (n.d.). Retrieved from https://www.oyez.org/cases/2015/14-7505

Penry v. Lynaugh. (n.d.). Retrieved from https://www.oyez.org/cases/1988/87-6177

PhotoLizM. (n.d.). Syringe, healthcare, needle [Graphic]. Retrieved from https://pixabay.com/en/syringe-healthcare-needle-medicine-417786/

Radelet, M., & Lacock, T. Do executions lower homicide rates? The views of leading criminologists. Journal of Criminal Law and Criminology, 99(2009): 489-508.

Reggie, M. H. (n.d.). History of the death penalty. Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/history.html

Roper v. Simmons. (n.d.). Retrieved from https://www.oyez.org/cases/2004/03-633

Schmalleger, F., & Smylka, J. O. (2013). Corrections in the 21st century (7th ed.). New York, NY: McGraw-Hill.