When is the Death Penalty an Appropriate Punishment

1. When is the Death Penalty an Appropriate Punishment Andrew Krotje JUST 101

2. Types of Crimes • Felony • More than a year in jail • Includes: murder, rape, kidnapping, armed robbery, grand theft • Misdemeanor • 12 months or less in jail • Includes: simple assault, disorderly conduct, DUI/DWI, domestic violence, theft, trespassing, vandalism • Infraction • Usually punishable by fines with no jail time. • Breaking local laws or ordinances. i.e. speeding, disposal of garbage, anti-noise ordinances • Capital Crimes • Serious felonies • Ultimate penalty can be placed • Life sentences or execution

3. Types of Capital Punishment • Lethal Injection • Most common form of Capital Punishment. • Intravenous delivery of a deadly quantity of three different drugs. The drugs are (in order of delivery): sodium thiopental (causing unconsciousness), pancuronium bromide (paralyzing the lungs and diaphragm), and potassium chloride (causing fatal cardiac arrest). Takes approximately 7 minutes. • Electrocution • Direct application of electric current. Between 1,500 to 2,250 volts for 30 seconds to a minute. Followed by alternating voltages of varying intensities for another minute. • Commonly results in the smell of burning skin and the possibility of flesh catching on fire. • Gas Chamber • Hydrochloric acid flows into a pan behind the chair. Then a quantity of potassium cyanide or sodium cyanide crystals is added into the acid. A few seconds after the inmate takes a breath, their ability to process blood hemoglobin and causes unconsciousness. Within 5-15 minutes they are pronounced dead. If the inmate holds their breath they can cause problems resulting in convulsions. • Hanging • A specific amount of force must be applied to the neck in relation to the weight of the inmate. Done correctly, dislocation of the third or fourth cervical vertebrae will occur. The noose is placed behind the inmates left ear. • Not done correctly, the inmate will strangle to death, die from lack of blood to the brain, or cause decapitation if dropped too far. • Firing Squad • A team of five shooters. Some have real bullets while others have blanks. • The team aims for a target placed on the heart • The shooters all fire at the same time.

4. Types of Capital Punishment(cont.) • Alabama • Arizona • Arkansas • California • Colorado • Delaware • Florida • Georgia • Idaho • Indiana • Kansas • Kentucky • Louisiana • Mississippi • Missouri • Montana • Nevada • New Hampshire • North Carolina • Ohio • Oklahoma • Oregon • Pennsylvania • South Carolina • South Dakota • Tennessee • Texas • Utah • Virginia • Washington • Wyoming • Federal • States with Most Common form of Capital Punishment:

5. Conditions of Use • Appropriate Crimes: • Murder is the most common cause for the death penalty. • Can be for rape or kidnapping depending on circumstances of the crime along with other factors. • Why it Should Not Be Used: • Innocence • 311 post-conviction DNA exonerations • Wrongful Convictions • Eyewitness Misidentification Testimony • Unvalidated or Improprer Forensic Science • False Confessions and Incriminating Statements • Informants • Inadequate Legal Representation • Police and Prosecutorial Misconduct • Perjured Testimony • Racial Prejudice • Jailhouse “snitch” Testimony • Suppression and/or Misinterpretation of Mitigating Evidence • Community and/or Political Pressure to Solve a Case • Mental Illness • Alternative Sentencing • Life without Parole • Uses: • Deterrent • Inhibit criminal behavior through fear of punishment • Incapacitation • Reduce the possibility of the criminal to commit another crime ever again. • Retribution • Revenge on a criminal perpetrator.

6. Appropriateness of Sentence • Factors: • Aggravating Factors: any relevant circumstances, supported by the evidence presented during the trial, that makes the harshest penalty appropriate, in the judgment of the jurors. • Mitigating Factors: any evidence presented regarding the defendant’s character or the circumstances of the crime, which would cause a juror to vote for a lesser sentence. • Examples of these factors: • The presence or absence of violent criminal activity by the defendant. • The presence or absence of any prior felony convictions. • If the crime was committed while the defendant was under the influence of extreme mental or emotional disorders. • If the victim was a participant in the defendant’s homicidal conduct or if the victim consented to the killing. • If the crime was committed under belief of moral justification. • If the defendant acted under extreme duress or substantial domination of another person. • The age of the defendant at the time of the crime. • If the defendant was an accomplice and if their involvement was relatively minor.

7. The Death Penalty Today States without the Death Penalty and Year Abolished States with the Death Penalty • Alabama • Arizona • Arkansas • California • Colorado • Delaware • Florida • Georgia • Idaho • Indiana • Kansas • Kentucky • Louisiana • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • North Carolina • Ohio • Oklahoma • Oregon • Pennsylvania • South Carolina • South Dakota • Tennessee • Texas • Utah • Virginia • Washington • Wyoming • U.S. Gov’t • U.S. Military • Alaska (1957) • Connecticut (2012) • Hawaii (1957) • Illinois (2011) • Iowa (1965) • Maine (1887) • Maryland (2013) • Massachusetts (1984) • Michigan (1846)* • Minnesota (1911) • New Jersey (2007) • New Mexico (2009) • New York (2007) • North Dakota (1973) • Rhode Island (1984) • Vermont (1964) • West Virginia (1965) • Wisconsin (1853) • D.C. (1981) *-First state to abolish the Death Penalty

8. The Death Penalty Today(Cont.) • Most Recent Death Penalty Execution: • Jerry Martin (Volunteer) • Executed December 3, 2013 • Place of Execution: Texas • Method Used: Lethal Injection • Reason for Sentence: Murder of a correctional officer after escaping prison.