CJ 350: Death Penalty

What does the debate around the death penalty focus on?

The debate around the death penalty centers as much around who receives it as it does around whether it is a cruel and unusual punishment.

Who is overrepresented among those sentenced to and receiving the death penalty?

Racial minorities are overrepresented in those who are sentenced to the death penalty and those who actually receive it.

Where did the death penalty originate in the American colonies?

The death penalty followed colonists from their homelands, where English law provided for so many offenses resulting in death that it was referred to as the 'bloody code.'

How was the death penalty applied to African Americans during colonial times?

Numerous death penalty statutes existed that were applied solely to African Americans due to the fear of rebellion.

What kind of early information was recorded about executions?

Early reports provided information on the number of state-sanctioned executions, as well as those considered illegal lynchings.

What did the Supreme Court decide in Furman v. Georgia (1972)?

The Court ruled on the requirement for a degree of consistency in the application of the death penalty.

What was the outcome of Gregg v. Georgia (1976)?

The Court indicated that states using guided discretion statutes removed concerns about arbitrary and capricious procedures.

What did the Court decide in Coker v. Georgia (1977)?

The Court ruled that executing offenders for rape was cruel and unusual punishment.

What ruling was made in Eberhart v. Georgia (1977)?

The Court ruled that kidnappings not resulting in death cannot be punished with the death penalty.

What did McClesky v. Kemp (1987) challenge?

It challenged the constitutionality of the death penalty based on race discrimination in its application.

How many inmates were executed from 1977 to 2018?

1,466 inmates were executed.

Which five states accounted for nearly two-thirds of executions since 1977?

Five unnamed states accounted for nearly two-thirds of executions since 1977.

How many people were under a death sentence at the end of 2017?

2,817 persons were under a death sentence.

How many prisoners were executed in 2017?

27 prisoners were executed.

How many prisoners were executed in 2021, and in which states?

8 prisoners were executed: Missouri (1), Mississippi (1), Alabama (1), Oklahoma (2), Texas (3).

How many prisoners were executed in 2022, and in which states?

18 prisoners were executed in 5 states: Mississippi (1), Alabama (2), Missouri (2), Arizona (3), Oklahoma (5), Texas (5).

How did the number of federal death penalty statutes change in the 1980s and 1990s?

The number of federal death penalty statutes increased through the 1980s and 1990s.

What was the racial composition under the drug kingpin law prosecutions?

29 (78%) of the defendants were Black and four were Hispanic.

Before the 'Kingpin' laws (1930–1972), who made up most of the executed under federal law?

Mostly whites (85%).

What was the racial breakdown of pending federal death sentences at the end of 2014?

28 Black, 26 White, 7 Latino, 1 Native American, and 1 Asian.

What does the Florida bill (HB 1297) propose?

It would allow the death penalty for people who commit sexual battery on children under 12.

What historical case is related to the death penalty for rape of children?

Kennedy v. Louisiana.

What happens if fewer than eight jurors recommend death in a capital case under current law?

Defendants would receive life sentences.

In Florida for the capital murder cases, the current law requires that all # agree.

12.

What findings came from death penalty research in San Joaquin County, CA (1977–1986)?

Cases with Hispanic and African American victims were more likely to be charged with capital homicide than cases involving whites or Asians.

What was the 'gender effect' found in these cases?

Defendants in male victim cases were 43 times less likely to face death-eligible charges than those accused of killing a woman.

What case yielded the most death eligible charges?

White victims.

What trend has been observed about death penalty use internationally?

Many European nations abolished the death penalty in the past 50 years.

What did Zimring (2003) conclude about Southern U.S. culture?

He surmised that the South has a culture of punishment.

What were execution rates by U.S. region South between 1977 and 2000?

81%.

What were execution rates by U.S. region Midwest between 1977 and 2000?

10%.

What were execution rates by U.S. region West between 1977 and 2000?

8%.

What were execution rates by U.S. region Northeast between 1977 and 2000?

.5%.

What were execution rates by U.S. region South between 1990 and 1918?

56%.

What were execution rates by U.S. region Midwest between 1990 and 1918?

10%.

What were execution rates by U.S. region West between 1990 and 1918?

11%.

What were execution rates by U.S. region Northeast between 1990 and 1918?

23%.

What is the first reason Robert Bohm gives for the importance of public opinion on the death penalty?

Strong public support sustains its use.

What is the second reason Robert Bohm gives for the importance of public opinion on the death penalty?

Prosecutors appease public by seeking it.

What is the third reason Robert Bohm gives for the importance of public opinion on the death penalty?

Judges feel pressure to impose it.

What is the fourth reason Robert Bohm gives for the importance of public opinion on the death penalty?

Governors are swayed in commutations.

What is the fifth reason Robert Bohm gives for the importance of public opinion on the death penalty?

Courts consider public sentiment when evaluating its constitutionality.

What has Gallup Poll data shown about death penalty support?

Early polls (1936–1986) averaged 61% support; in 2017, support was around 55%.

What is the number one reason Americans support the death penalty?

They believe in 'an eye for an eye.'

How did death penalty support differ by race in a 2020 poll?

White support was 57%, Hispanic 40%, and Black 36%.

What characteristics are associated with greater or lesser support for the death penalty?

More education, city residence, and church attendance correlate with less support. Males and those fearing victimization show more support. Income is a significant variable in support levels.

What philosophy do Americans generally follow regarding wrongful convictions?

They follow a utilitarian philosophy, accepting wrongful convictions as the price for maintaining the justice system.

What percentage of exonerated prisoners, based on DNA, were African American?

57%.

What are major contributors to wrongful convictions?

Eyewitness error, police misconduct, prosecutorial misconduct, plea bargaining, community pressure, inadequate counsel, false confessions, mistaken identity, fabricated evidence, having a criminal record, misinformation from informants, and race.

What is judicial override in death penalty cases, and where is it used?

Judges can overrule jury decisions; Alabama uses this regularly, Delaware occasionally, and Florida has not used it in over a decade.

How has judicial override been used in Alabama?

20% of death sentences were imposed by judges against jury recommendations for life, with more than half imposed on African Americans.

How has the death penalty been historically applied?

It has been applied in a discriminatory fashion since colonial times.

What factors influence support for the death penalty?

Race, class, area of residence, education, political party affiliation, and religion.

Have innocent people been executed in the U.S.?

Yes, several hundred people have been wrongly convicted and some have been executed.

What is the outlook for the future of capital punishment?

The issue of capital punishment will continue to be a topic of debate.

What is the first section of Marshall Hypothesis?

American citizens know almost nothing about capital punishment.

What is the second section of the Marshall hypothesis?

People who were fully informed as to the purpose of the penalty and its liabilities would find the penalty shocking, unjust, and unacceptable.

What is the Marshall Hypothesis in the context of the death penalty?

The Marshall Hypothesis is the idea that if people fully understood the realities of the death penalty—its application, its potential for errors, and its racial and socioeconomic biases—many would oppose it.

How did Justice Earl Marshall contribute to the Marshall Hypothesis?

Justice Earl Marshall expressed concerns about the death penalty and argued that society would evolve away from it as awareness of injustices grew.

What are the key points of the Marshall Hypothesis?

Many support the death penalty out of retribution or justice, but when exposed to inequities in its application, their support diminishes.

What is the first objective of the Capital Jury Project?

To systematically describe jurors’ exercise of capital sentencing discretion.

What is the second objective of the Capital Jury Project?

To assess the extent of arbitrariness on jurors’ exercise of capital discretion.

What is the third objective of the Capital Jury Project?

To evaluate the efficacy of the principal forms of capital statutes in controlling arbitrariness in capital sentencing.

What else did the CJP do?

They secured additional funds to investigate the role played by jurors’ race in making life or death sentencing decisions.

What is the Death Penalty Moratorium Movement?

It calls for a temporary suspension or permanent abolition of the death penalty, addressing injustices and flaws in the system.

Why do people support a moratorium on the death penalty?

Supporters argue it is irreversible and prone to wrongful convictions, and does not effectively deter crime.

How has wrongful conviction contributed to the Death Penalty Moratorium Movement?

The discovery of wrongful convictions through DNA testing has raised doubts about the death penalty's reliability.

How has public opinion contributed to the Death Penalty Moratorium Movement?

Growing public concern about fairness and effectiveness has contributed to calls for a moratorium.

How has state and federal action contributed to the Death Penalty Moratorium Movement?

Some U.S. states have instituted temporary moratoriums or abolished the death penalty in response to concerns.

How has international influence contributed to the Death Penalty Moratorium Movement?

Many countries have abolished the death penalty, influencing the movement.

What are the goals of the Death Penalty Moratorium Movement?

The movement seeks to temporarily halt executions, address disparities, and promote the long-term abolition of the death penalty.

Has the Death Penalty Moratorium Movement been successful?

It has achieved success at the state level, with some states declaring moratoriums or abolishing the death penalty