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Punishment

Punishment. General Deterrence – setting an example so others will not commit offenses Specific Deterrence – prevention, by imprisonment or death, of an individual from committing additional crimes. Goals of Criminal Punishment. Deterrence Incapacitation Retribution. Criminal Punishment.

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Punishment

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  1. Punishment General Deterrence – setting an example so others will not commit offenses Specific Deterrence – prevention, by imprisonment or death, of an individual from committing additional crimes

  2. Goals of Criminal Punishment • Deterrence • Incapacitation • Retribution

  3. Criminal Punishment • 8th Amendment: Cruel and Unusual Punishments • Proportionality: “evaluation of the appropriateness of a sentence for a particular crime.” Pulley v. Harris, 465 U.S. 37, 104 S.Ct. 871, 34 CrL 3027 (1984)

  4. Economic Punishment Extraction of Labor Fines Forfeiture

  5. Prison Labor Work is a good way to keep inmates occupied Work has rehabilitative value Inmate work offsets incarceration expenses

  6. Corporal Punishment Everyone understands pain Torture, Flogging, Branding, Mutilation, Humiliation

  7. Corporal Punishment • Generally, not allowed as criminal punishment Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968) • Prisons: proportionality test (objective) and showing of mental intent (subjective) Austin v. Hopper, 15 F. Supp. 2d 1210 (M.D.Ala. 1998)

  8. Corporal Punishment: Schools Ingraham v. Wright, 49 U.S. 975, 97 S.Ct. 481 (1977) • 8th Amendment inapplicable: Public scrutiny • 14th Amendment Due Process: Procedural (fair?) Substantive

  9. Capital Punishment Spectacle: “ An Execution that is attended with more lasting Torment, may strike a far greater Awe.”

  10. Capital Punishment Pain: Offender should hurt while dying, and hurt publicly Linked to need for revenge and humiliation of the offender

  11. Capital Punishment How can we kill to show killing is wrong? Innocent defendants

  12. Capital Punishment Furman v. Georgia (1972): Struck down death penalty as “arbitrary and capricious”

  13. Capital Punishment • Bifurcated Process • Aggravating Circumstances • Mitigating Circumstances

  14. Sentencing for First Degree Murder TCA 39-13-204 (a); (h) Bifurcated Process

  15. Sentencing for First Degree Murder TCA 39-13-204 (g)(1); (i); (j) PUNISHMENT OF DEATH

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