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Psychology & Law > 4 Death Penalty > Flashcards

4 Death Penalty Flashcards

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0
Q

What is the utilitarian approach?

A

The intent that sentences should accomplish a useful outcome.
Ex: deterrence

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1
Q

What are the two approaches that are taken when considering how to lessen crime?

A

1) Utilitarian

2) Retributive

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2
Q

What is the retributive approach?

A

Punishment should be inflicted on a person who has taken something from another person. Like what does the criminal deserve? It’s a moral outrage.

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3
Q

What are two judges have become frustrated with?

A

1) Revolving door justice
2) Awareness of prison overcrowding and the high costs of
incarceration.

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4
Q

What is meant by “revolving door justice?”

A

Many offenders who are released from prison eventually return, suggesting that their punishments had little long-term effectiveness.

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5
Q

What are the purposes of incarceration? (7)

A
  • General Deterrence
  • Individual Deterrence
  • Incapacitation
  • Retribution
  • Moral Outrage
  • Rehabilitation
  • Restitution
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6
Q

What is general deterrence?

A

Punishing the offender discourages others from offending.

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7
Q

What is individual deterrence?

A

Punishing the offender discourages that particular offender from committing other crimes.

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8
Q

What is incapacitation?

A

Society can feel safe knowing the offender is locked up.

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9
Q

What is retribution?

A

Offenders suffer for what they have done.

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10
Q

What is moral outrage?

A

Public gets satisfaction from punishing the offender.

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11
Q

What is rehabilitation?

A

Offenders will recognize the error of their ways, develop new skills values and lifestyles so they can become law-abiding citizens.

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12
Q

What is restitution?

A

Offenders compensate victims for their losses, usually during probation.

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13
Q

In Canada in 1859, what offences were considered punishable by death? How did they kill?

A

Treason, theft, burglary, rape, pedophilia, homosexuality and beastiality. The only method of execution was hanging.

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14
Q

In canada, in 1859, what did they do after the hanging?

A

The body was often left in public, usually covered in tar so that they could preserve them from weather.

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15
Q

By 1869, what were the only three crimes punishable by death?

A

Murder, rape and treason.

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16
Q

In 1961, what was the only crimes punishable by death?

A

Capital murder. (planned deliberate murder, or murder of police)

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17
Q

How many men and women have been executed in Canada’s history?

A

697 Men, 13 Women

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18
Q

What happened with the death penalty in 1967?

A

Placed a moratorium on the death penalty except for the murder of a police officer.

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19
Q

What happened to the death penalty in 1976?

A

The death penalty was removed.

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20
Q

What were the concerns raised by parliament that lead to the death penalty being discontinued?

A
  • Wrongful convictions
  • Taking lives of the individuals
  • Uncertainty of the effectiveness as a deterrent.
21
Q

What happened to 14 year old Steven Truscott in 1959?

A
  • Sentenced to death for the murder of a classmate
  • Scheduled to be hanged on Dec.8 1959 but was postponed
  • In 1960 his death sentence was commuted to life in prison
  • In 2007 he was acquitted of the charges
  • In 2008 the government of Ontario awarded him 6.5 million
22
Q

What did the Canadian parliament replace for the death penalty?

A

1st Degree Murder - Life in prison with no eligibility for parole after
25 years.
2nd Degree Murder - Between 10 - 25 years

23
Q

In the states, who is involved with sentencing decisions?

A

In most states - Trial Judge

Capital cases - Juries

24
Q

Are they trying to get away from jury sentencing? (For death penalty?)

A

Yes

25
Q

In modern history, why did the U.S. abolish the death penalty?

A

“Cruel and unusual punishment”

26
Q

When was the death penalty reinstated in the U.S. and why?

A
  • 1976
  • Due to changes in how a jury would decide between death
    penalty and life in prison.
27
Q

How does the U.S. defend that the death penalty is not cruel and unusual punishment?

A

Provided that the method is not deemed cruel and that the punishment is not excessive in relation to the crime.

28
Q

How many states use the death penalty?

A

35

29
Q

Since the death penalty was reinstated in 1976, how many people have been sentenced / executed?

A
  • 7,500 sentenced to death

- 1, 225 have been executed

30
Q

Which part of the U.S. / Which states use the death penalty the most?

A
  • 80% of the executions occur in the southern states

- Texas accounting for 1/3 of them

31
Q

What is the estimated percentage of people sentenced to death that may be innocent?

A

2.3%

32
Q

How are jurors selected in capital cases? “Death qualification”

A
  • Prospective jurors are required to answer questions about their
    attitudes toward capital punishment.
  • Prospective jurors are excluded if they are extremely opposed
    or for the death penalty.
33
Q

What are the qualities of jurors now that they are “death qualified?”

A
  • More disposed towards conviction
34
Q

What is the jury process called?

A

Bifurcated Process (2 phases)

35
Q

What are the two steps in the bifurcated process?

A
  1. Jury first decides guilt or innocence

2. If found guilty, then jury decides between death penalty or LWOP

36
Q

What are factors that should be considered in the bifurcated process?

A

Must consider aggravating and mitigating factors.

37
Q

What is an aggravating factor?

A
  • Facts that argue for the death penalty
  • Very violent or heinous crimes
  • Ex: Killing a police officer
38
Q

What is a mitigating factor?

A
  • Facts that argue for LWOP
  • Defendant’s age
  • Defendant was a victim of abuse growing up
  • Low IQ or mental illness
39
Q

How can a jury member be allowed to vote for the death penalty?

A

A jury can’t vote for death without at least one aggravating factor.
However, even if many aggravating factors are present, LWOP is always an option.

40
Q

What does research show about the jury and aggravating/mitigating factors?

A

Understanding of aggravating factors more than mitigating factors can lead to more death penalty recommendations.

41
Q

Give two examples of aggravating / mitigating factors?

A
  • Alcohol use
  • Mental illness
  • Defendants age
42
Q

What are jurors don’t understand how to weigh mitigating and aggravating factors, they are more likely to…?

A

More likely to rely on stereotypes to make punishment decisions.

43
Q

What are the racial issues with jurors/ defendants and the death penalties?

A
  1. White male jurors more likely to vote an execute a black man.
    (More so than non-white and females)
  2. Black defendants who kill white victims are more likely to be
    sentenced to death.
  3. Victims of homicide are equally divided, but the chance of a
    death sentence who kill whites is more then people who kill
    blacks.
44
Q

How are jurors often treated how?

A
  • Like children (sit still, pay attention, don’t talk)

- Expected to understand complicated legal terminology

45
Q

When Canada held a free vote on the reinstatement of the death penalty in 1987, what were the results?

A
  • 54% opposed

- 46% favoured

46
Q

Since 2002, what is considered cruel and unusual punishment?

A

To execute offenders with mental retardation.

47
Q

What did Roper v. Simmons (2005) petition to impose?

A

the decision in which the Supreme Court held that it is unconstitutional to impose the death penalty for crimes committed while under the age of 18.

48
Q

Who was the last minor to be executed? And what did they do?

A
  • Scott Allen Hain
  • Stole a car, robbed the victims in the car, placed them in the trunk
    and set fire to the car resulting in death.
  • Hain was put down at age 32.
49
Q

What are some questions that are asked when determining the competency of someone for execution?

A

“Do you understand why you are being executed?”

“Do you understand what death means?”

Psychology & Law (10 decks)

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