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Theories of Punishment. “Punishment and Responsibility,” 442;; Dolinko , “The Future of Punishment,” 449; Moore, The Argument for Retributivism , 456; “The Death Penalty,” 466. Lockyer v. Andrade (2003), 446.
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Theories of Punishment • “Punishment and Responsibility,” 442;; Dolinko, “The Future of Punishment,” 449; • Moore, The Argument for Retributivism, 456; “The Death Penalty,” 466
Lockyer v. Andrade(2003), 446 Andrade stole 5 videotapes from a K-Mart, 2 weeks later, he stole 4 videotapes from another K-Mart. The total value was ~ $150. Andrade had previous convictions forpetty theft, residential burglary, transportation of marijuana, and escape from prison.
Lockyer v. Andrade(2003), 446 Prosecutors charged Andrade with 2 counts of felony petty theft (which can be either a misdemeanor or felony under CA law) Under the CA 3 strikes law, Andrade was sentenced to two consecutive terms of 25 years to life in prison
Should there be “3 strikes and you’re out” laws? • Yes, 2 of 3 crimes must be violent • Yes, all 3 crimes must be violent • Yes, the third crime must be violent • No.
Rate of Felonies (All) by Age per 100,000 population, California, 2006
What do you think should be the longest sentence for a nonviolent offence? • 5 years • 10 years • 15 years • 20 years • Life
Purposes of Punishment Crime Control Deterrence Incapacitation Rehabilitation Therapeutic Moral Purposes Moral example Demarcation Remediation Retribution Humiliation Penitence
Deterrence Sentence based on effectiveness in reducing rate and severity of criminal harm, not justice Assumes that criminal behavior proceeds from rational calculation Effectiveness highly variable among different types of crime Research shows severity less important than certainty of punishment
Crime Index Offenses Cleared by the Police (20% overall) Murder: 70% Larceny: 20% Agg. Assault: 60% Arson: 15% Rape: 50% Burglary: 15% Robbery: 25% Motor Vehicle Theft: 15%
Furman v. Georgia (1972) Furman killed a homeowner while committing a burglary, was found guilty of felony murder & sentenced to die.
Furman v. Georgia (1972) "These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual. For, of all the people convicted of rapes and murders in 1967 and 1968, many just as reprehensible as these, the petitioners are among a capriciously selected random handful upon whom the sentence of death has in fact been imposed.” Justice Potter Stewart (concurring)
Gregg v. Georgia (1976), 512 Gregg was charged with armed robbery and murder. Georgia procedure in capital cases separated the trial into two stages, one to determine guilt, the second to set the sentence
Other Studies of Racial Disparities In California, killers of whites were more than 3 X more likely to receive death sentences than if they killed minorities (Pierce & Radelet, 2005) In North Carolina, killers of whites were 3.5 X more likely to receive death sentences than if they killed minorities (Boger & Unah, 2001)
North Carolina’s Racial Justice Act of 2009 Death-row inmates have the right to have their sentences commuted to life without parole if they can prove racial bias played a part in their death sentences. Law allows inmates to use data from studies that show bias in the judicial system statewide – need not show individualized evidence.
Payne v. Tennessee, 504 Payne killed Charisse Christopher & her 2 year old daughter Lacie, stabbing Charisse 42 times, & leaving her 3 year old son Nicholas for dead with severe stab wounds (the boy survived). Charisse’s mother testified at sentencing as to how Nicholas missed his mother & sister & his continuing health issues
Do you believe that victim impact statements should be part of sentencing? • Yes • No
Do You Support the Death Penalty? • Yes • No
Do you believe that the death penalty is applied fairly or unfairly? • Fairly • Unfairly • No opinion
