Death penalty Flashcards

1
Q

What is considered the ultimate in-expressive acting out?

A

the death penalty

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2
Q

What year did the UK abolish the death penalty?

A

1965

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3
Q

What country is the only Western democracy with the death penalty?

A

The US

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4
Q

What other countries still have the death penalty?

A
  • China
  • Iran
  • Saudi Arabia
  • Iraq
  • Pakistan
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5
Q

Where was the death penalty abolished?

A

European countries

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6
Q

What year was DP abolished in the Netherlands?

A

1860

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7
Q

What year was DP abolished in Norway?

A

1876

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8
Q

What year was DP abolished in Sweden?

A

1910

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9
Q

What year was DP abolished in the UK?

A

1964

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10
Q

What year was DP abolished in France?

A

1977

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11
Q

Why was DP abolished in european countries?

A

incompatible with the ECHR and EU membership

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12
Q

How many states in US retained death pentalty?

A
  • 27/50
  • plus federal and military
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13
Q

How many executions since 1976 in the US?

A
  • 1583 executions
  • 18 women (1%)
  • 34% black
  • 10% latino or other ethnic minority
  • 75% white
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14
Q

What percentage of DP were executed by lethal injection in the US?

A

89%

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15
Q

What are the top 5 states for DP in the US since 1976?

A
  • Texas: 586 (37%)
  • Oklahoma: 123 (8%)
  • Virginia: 113 (abolished in 2021)
  • Florida: 105
  • Missouri
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16
Q

How has the use of DP in the US declined from 1999 compared to 2023?

A

1999:
- 98 executions
- 279 sentences

2023:
- 24 deaths
- 21 sentences

17
Q

How many people are now on death row in the US? What percent in California?

A
  • 2,333 people on death row
  • 29% in California
18
Q

Furman v Georgia 1972 declared DP too severe if:

A

Too severe if:
- ‘degrading to human dignity’
- torture
- ‘obviously inflicted in wholly arbitrary fashion’
- capricious, discriminatory
- ‘clearly and totally rejected throughout society’
- ‘patently unnecssary’

19
Q

Gregg v Georgia 1976: supreme court upheld revised statutes of DP such as:

A
  • bifurcated sentencing process:
    1. eligibility in principle
    2. selection specifically: this offender
  • aggravating vs mitigating features
  • requires system of appeals
19
Q

Why does the US have exceptionalism to the DP?

A
  • political and historical reasons for retention
  • ‘not because of any peculiarly punitive attitudes or any deep-seated cultural commitment but because the political mechanisms for nation-wide abolition do not exist’ Garland 2005
20
Q

How is the US culturally distinctive for having the DP?

A
  • culture of violence and revenge: vigilante values and lynching
  • cultural representation as simplistic good vs evil, leading to ‘closure’
  • parallels with 2nd amendment
21
Q

Populism: how are pro DP politicians reflecting public opinion?

A
  • Appeal to Tough-on-Crime Rhetoric: strong, uncompromising language to address public concerns about crime rates and public safety
  • emphasis on victims rights
22
Q

What happened in 1988 with populism and the DP?

A
  • ‘liberal’, ‘weak’ Dukakis supported furlough policy for rehabilitation
  • disastrous final tv debate
23
Q

What happened in 2020 with populism and the DP? and 2022?

A
  • 2020: little discussed but Biden openly opposed to federal executions
  • 2022: 3 gubernatorial elections won by candidates pledging not to sign death warrants
24
Q

What issues affected public opinion of the DP?

A
  • ‘botched executions’ after using sodium thiopental + pancuronium bromide + potassium chloride
  • 2010: EU export ban of execution-enabling drugs
  • 2022: longest execution, took 3 hours to insert IV
  • 2024: first execution using nitrogen gas
25
Q

How did ‘leave without pay’ affect public support?

A
  • public support reduced
  • Gallop poll 2022: 55% in favour of DP, 43% opposing
26
Q

1920s UK and the DP

A
  • comparative European research suggested no deterrent effect; no post-abolition crime wave
27
Q

1939 UK CJ bill clause to consider abolition of DP in what trials?

A
  • nuremberg trials 1945-46: distaste
28
Q

What 3 things happened in CJA 1948?

A

passed in commons, rejected in lords:
- deterrence effect
- post WWII ‘crime explosion’, ‘loosening of morals’
- criminal law must reflect public opinion

29
Q

Gallup poll UK 1947 for DP; what percent retain?
what percent abolish?

A
  • retain: 69%
  • abolish: 24%
30
Q

What caused emerging public unease of UK views on DP?

A

Timothy Evans 1950
- posthumous pardon 1966

Derek Bentley 1953
- posthumous pardon 1998
- Christopher Craig only 16

Ruth Ellis 1955
- ‘national truama’

Homicide act 1957
- voluntary manslaughter

Murder act 1965 (abolition of the DP)
- but majority public support for retention
- 1966 Moors Murders outcry

31
Q

British social attitudes surveys

A
  • 1983: 75% in favour of reintroduction
  • 2015: 48% in favour