Final Portion of Class Key Terms Flashcards
Capital Punishment
also known as the death penalty, the state-sanctioned practice of killing a perosn as punishment for a crime
Worldwide Usage
The US is one of the few countries that still uses the death penalty
Arguments FOR the Death Penalty
- Just deserves it (eye for an eye)
- Revenge (most supporters)
- Specific Deterrence
- Family/remaining victim closure
- General Deterrence (all of us)
Arguments AGAINST the Death Penalty
- “Brutalization Effect,” disrespecting life by sanctioning death does NOT deter and can stimulate a small increase in murders
Deterrence
Many people cite the death penalty as a source of deterrence for murder, but research shows NO deterrence effect (murderers do not think rationally)
Thompson v. Oklahoma (1987)
SCOTUS rules that it is cruel and unusual to punish an offender with the death penalty if they under the age of 16
Gregg v. Georgia (1976)
ok w/guided discretion, bifuricate dproceedings
Lockett v. Ohio (1978)
Jury consideration of aggravating and mitigating factions
Atkins v. Virginia (2002)
eliminated death sentence for intellectually disabled prisoners
Ring v. Arizona (2002)
Only a jury can make decisions regarding capital punishment
Roper v. Simmons (2005)
Prohibits execution of juveniles
Kennedy v. Louisiana (2008)
Prohibits execution for child rapist unless the child dies
Baze v. Rees (2008)
Lethal injection does not inflict unnecessary of wanton pain
Glossip v. Gross (2015)
Upheld the use of midazolam (anti-anxiety/drowsy) as part of the lethal injection protocol (usually three meds: sedation, paralysis, death)
Tropp v. Dulles (1958)
followed several rules, “cruel and unusual punishment” was explored, ruled that it must draw its meaning/definition from the evolving societal standards of decency
Furman v. Georgia (1972)
SCOTUS ruled death penalty was cruel and unusual and violated the equal protection clause because Black Americans were being disproportionately executed
Regional Statistics
- 27 state still use the death penalty
- California has the HIGHEST number of people on death row
- Texas has executed the highest number of people since 1967
- Approximately 2,330 people on death row
- 4 states are responsible for 59% of all US executions since 1976: TX, OK, FL, VA
LWOP in the US
49 states, the district of Columbia and the Federal system all have life w/o parole sentences
Mandatory (Automatic) LWOP
statutes require a sentence of LWOP for certain crimes - no other option
3 Strikes Laws (LWOP)
Laws that require for persons convicted of their 3rd felony to receive LWOP (sometimes limited to violent crimes but not always)
Felony Murder Rule
if several people are involved in a felony and any person dies during the felony, ALL are guilty of felony murder whether they had a role in the death or not
Discretionary LWOP
a sentencing option
Virtual Life Sentences
sentences that exceed the life expectancy of the individual
Number of People Serving LWOP in the US
- About 160,000 people
- 44,300 people serving virtual life sentences
Rest of the World Serving Life Sentences
Only about 100 people serving life sentences
JLWOP
Nearly HALF of youth sentenced to LWOP did not personally commit the murder, 59% of juveniles serving LWOP are first time offenders
Graham v. Florida (2010)
limited LWOP parole to homicide cases only for people under age 18 ( proportionality)
Miller v. Alabama (2012)
banned use of “mandatory” life without parole (LWOP is still possible)
Montgomery v. Louisiana (2016)
held Miller applies retroactively (states need to review old cases in light of Miller)
Pros for LWOP
- Protection of the public (don’t trust parole boards to assess offenders)
- Retributive punishment (people deserve LWOP because of their behavior)
Cons for LWOP
International Standards (it is a crime against humanity)
