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Chapter 15 Pages 176-180 Purposes of Punishment/Parole Capital Punishment

Chapter 15 Pages 176-180 Purposes of Punishment/Parole Capital Punishment. 1. Explain retribution to deter crime. At one time the primary reason for punishing a criminal was RETRIBUTION . This is the idea behind the saying “an eye for an eye and a tooth for a tooth.”

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Chapter 15 Pages 176-180 Purposes of Punishment/Parole Capital Punishment

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  1. Chapter 15 Pages 176-180 Purposes of Punishment/Parole Capital Punishment

  2. 1. Explain retribution to deter crime • At one time the primary reason for punishing a criminal was RETRIBUTION. This is the idea behind the saying “an eye for an eye and a tooth for a tooth.” • Instead of individuals seeking revenge , society does it through the criminal justice system.

  3. 2. Explain deterrence to deter crime • Deterrence: punishment to discourage the offender from committing another crime in the future; also, to deter others from committing the crime.

  4. 3. Explain the purpose of rehabilitation to deter crime. • Rehabilitation is helping convicted persons change their behavior so that they can lead useful and productive lives after their release

  5. 4. Explain the purpose of incapacitation to deter crime • Incapacitation means that the criminal is physically separated from the community and the communit4ed is protected as a result of incapacitation. • PRISON

  6. 5. Explain Parole • Parole is the release of a convicted person from prison before his or her entire sentence has been served. • Eligibility of parole is not a right, but, rather, a privilege. Inmates may go before a parole board that makes the decision

  7. 6. Two ways people can become eligible for parole. • After serving a minimum sentence specified by the judge or law. • Or, people automatically become eligible for parole after serving a portion of the total sentence

  8. 7. What is capital punishment also known as? • Capital punishment is also known as the death penalty

  9. 8. US Supreme Court 2008 • In 2008, the Court found that a state law providing the death penalty for the rape of a child was a disproportionate punishment (the punishment did not fit the crime) and a violation of the 8th Amendment.

  10. 9. • In 1972 case of Furman v. Georgia, the US Supreme Court held that the death penalty as then applied was unconstitutional. – Executions were halted. States rewrote capital punishment laws. In 1978, the Court ruled that the new laws were constitutional

  11. 10. Death row at end of 2006 • A. 98% were men • B. 56% were white • C. 42% were black • D. 11% were Hispanic.

  12. 11. What do most states use to carry out executions? • Most use lethal injections

  13. 12. • In 2007, all executions were temporarily stopped when the Supreme Court agreed to hear a case that challenged lethal injection as cruel and unusual punishment in violation of the 8th Amendment.

  14. 12a. • However, in 2008 the Court decided that the use of lethal injection did not pose a substantial risk of serous harm, and executions resumed.

  15. 13. Explain the two parts in a capital punishment trial. • Part one: the jury decides guilt or innocence • Part two: jury decides whether the defendant should receive the death penalty or a lesser punishment. • Judges and juries must consider both aggravating and mitigating circumstances.

  16. 14. Aggravating Circumstances • Aggravating circumstances are factors that suggest the defendant deserves a more severe punishment. Examples include a gruesome murder, crimes involving children, or previous convictions of the accused

  17. 15. Mitigating Circumstances • Mitigating circumstances are factors that suggest the defendant deserves a less severe punishment. Examples include the defendant’s age, lack of criminal record, or a history of showing that the victim had previously abused the defendant.

  18. 16. List the reasons why opponents are against capital punishment • No one who values life can approve of the death penalty. • Religious and moral objections to killing apply to the government. • Say death penalty does not deter murder • Death penalty applied in an unfair manner – more minorities executed • Violates 8th Amendment’s ban against “cruel and unusual punishment.”

  19. 17. What is one approach to dealing with a wrongful conviction? • Use life in prison without parole instead of the death penalty

  20. 18. What do advocates of the death penalty state? • Advocates state it is a JUST punishment for those who commit the most serious crimes. • Threat of death DOES deter crime because people fear death more than any other punishment.

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