Part 2 (punishment and the death penalty)

What is the role of deterrence in use of the death penalty as a punishment option?

Deterrence (General): “Knowing the death penalty exists will deter homicide”

Deterrence (Specific): “We will prevent this person from killing anyone again”

Characteristics of persons on death row in the US?

98% male)(55% white, 42% black)(91% no college education)

What are the factors related to how the death penalty is applied in the US?

(Qualifying offenses - federal vs. state)(bifurcated trial proceedings)(death qualifications)(juror instructions)

What are some concerns regarding the death penalty?

Racial disparities and gender bias

Factors weighted by jurors

dangerous, IQ, mental illness, punishment wanted by victims families, how victim was killed, ect.

Furman V. Georgia

U.S. Supreme Court ruled that the arbitrary and inconsistent application of the death penalty violated the EIGHT AMENDMENT’s prohibition against cruel and unusual punishment, effectively halting executions nationwide.

McClekey V. Kemp

Supreme Court rejected an Eight and Fourteenth Amendment challenge based on the Baldus study, ruling that general statistical evidence of racial disparities in capital sentencing is not enough to prove unconstitutional discrimination in an individual case.

% of death row not executed

75%

% of wrongful convictions

4-7% ppl are innocent