Show:
Review
Disparities
Problems
States
Rights
100
Research Methods for Deterrance
Anecdotal Evidence, Comparing death penalty and non death penalty states, Contigous state comparisons, Before/after studies, Short term effects of highly publicized executions, Multiple Regression Studies
100
Disparity/Discrimination
differences of execturions numerical, among groups, does not prove discrimination Discrim: violation of 14th amendment or restrictions in 8th
100
Reasons for Convicting Defendants
Shoddy Investigation/Police Misconduct, Mistake Eyewitness Testimony/Perjury, False Confessions, Prosecutor/Judicial Misconduct, Bad Defense Lawyer, Jury Problems
100
Moratia
success rests on political cover to politians, stable/declining homicide rates, ability to demonstate cannot be easily fixed
100
Victime Impact Statement
family can speak to the jury about what this crime has done to them and thier families
200
Enrichs Study
same time as Gregg decision, saved 7/8 lives per execution, multiple regression
200
Types of Disparity
Class: almost exclusively by low income defendants Gender: overwhelmingly male
200
How to Fix Miscarriages
Mistaken Identity (Witness Identification Reforms), False Confessions (Uninterupted Interrogation Videotape), Prosecutor/Judicial (deterrant policies for witholding evidence, improper evidence or perjury), Bad Defense (higher standards and resources)
200
Fixing Death Penalty
Deterrance: more executions, less delay Cost: less super due, limit appeals, time limit, few executions Mistake: better lawyer, better forensic, improve interrogation
200
Human Rights
fundamental entitlements that transcend national sovereignty and seen as irrevocable Priveledges: can be taken away Civil Rights: government gives these rights, not universal Death Penalty: only if used for repressive political or racial purposes (executions violate spirit of human rights)
300
Lethal Injections
no, not designed by medical experts Administration can go out of order, difficulty finding vein, masking effect of neuromuscular blocker (parlyzed wont know), vascular pain from cardiac arrest agent
300
Baldus Study
230 variables controlled probability of black-white is : 8x white-white, 7x white-black, 22x black-black
300
False Forensic Science
not a real science, human interpretation, takes a long time, only DNA is certain
300
Govenor George Ryan
Scandal (innocent people outnumber executions), Mortium announced (Death Penalty Commission), Legistlative Unwilling to adapt any of 84 recommendations, Ryans Clemency Decision 2000, Abolition in 2011 by Quinn
300
Anti-death penalty movement
before 1965 ( political strategies - Americal League) 1965-1976 ( legal strategies - Legal Defense, ACLU) 1980's ( political slowly reemerged - National Coalition, Amnesty International )
400
Disadvantage of Mandatory Conviciton
need to look at evidence and think about each case as individual, self defense would be executed, juries may not find as many guilty or be hung, innocent people more likely killed, higher costs if every murder was capital trial
400
Racial Justice Act
allow black defendant(or victim white) opportunity to present evidence showing pattern of racial discrim and then state would rebutt explaining, if not then death set aside
400
Maryland Model
1. Videotaped confession with no coercion/trickery 2. DNA or biological evidence 3. Videotape linking defendant to homicide
400
Volker Graber Death Penalty Bill
1st degree murder: Type of Victim (officer, witness, etc.) OR Status of Defendant (prison, prior murders) OR Characteristic of Crime (contract serial, torture), Individual Interview with Jurors, Penalty Phase: aggr. factors, unanimous jury (if deadlock then 20 min), 2 defense counsel (higher hour rates, higher resource budget), Seperate Death Row Facility
400
Moralistic
killing people is wrong do not do it
500
Diminished Capacity
Mental Illness: cannot assist in appeals, no purpose, understand why Mental Retardation: less able to understand consequences, statements unreliable Juvenils: criminal responsibility, evolving standards, impulse control
500
Harmless Error Rule
does not contribute to the verdict and does not affect outcome of the case
500
Retribution Theories
Desert: punishment is imposed because it is deserved (reward for wrongdoing), Penalty: offender is punished automatically because he committed a crime Fair Play: failure to punish is unfair to those who have self restraint and respect others, Repayment: punishment is exacted on offender by community
500
Problem with NY Law
deadlock provision (20-25), guilty plea provision (could not seek if pleads)
500
Pragmatic
move toward high cost, lack of deterrance, and risk of miscarriages, not fixable (lack of resources, funds, membership, esp AA and conserves)