Capital Punishment

1. Capital Punishment

2. Essential Questions • Does the death penalty constitute cruel and unusual punishment, why or why not? • “Many people are simply born with defects to their brain that cause them to act a certain way. No amount of drugs, schooling, rehabilitation, or positive reinforcement will change them.” • Do you agree, can some people not be rehabilitated? • Does the death penalty still have a place in our society after 200 years of societal evolution?

3. Troppv Dulles (1958) • Evolving standard of decency • Juveniles • Mentally Challenged

4. Roper v. Simmons (2005) • The Supreme Court rules that the execution of juveniles is unconstitutional. This means that 16 and 17-year-olds are ineligible for execution • Twenty-two juveniles between the ages of 16 and 17 were executed between 1976 and 2005

5. U.S. v Jackson (1968) • Jury must suggest the death penalty as punishment • Interstate kidnapping • Ruled unconstitutional because it encouraged defendants to waive a trial by jury

6. Furman v Georgia (1972) • Death penalty deemed “Cruel and Unusual” under certain circumstances • Jury is often arbitrary and does not rule similarly in all cases • The death penalty is unusual if it discriminates defendant by reason of his race, religion, wealth, social position, or class, or if it is imposed under a procedure that gives room for the play of such prejudices • This ruling effectively voided the death penalty

7. Gregg v Georgia (1976) • In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances • Deliberately killing another can warrant the death penalty • Reinstated the death penalty

8. Bifurcated Trial • Put in place by Gregg v. Georgia • Split trial into to phases • Guilt stage • Sentencing stage • When aggravating and mitigating circumstances are considered • Allows jurors to remain impartial when determining guilt

9. Aggravating and Mitigating Circumstance • Aggravating Circumstance • Factors that increases the severity or culpability of a criminal act, including, but not limited to, heinousness of the crime, lack of remorse, and prior conviction of another crime. • Mitigating Circumstance • Factors that lessen the severity or culpability of a criminal act, including, but not limited to, defendant's age or extreme mental or emotional disturbance at the time the crime was committed, mental retardation, and lack of a prior criminal record

10. Options for Execution • Electrocution • Alabama • Arkansas • Florida • Kentucky • Nebraska • Oklahoma • South Carolina • Tennessee • Virginia • Hanging • Delaware • New Hampshire • Washington • Lethal Gas • Arizona • California • Missouri • Wyoming • Firing Squad • Idaho • Oklahoma • Utah*

11. Options for Execution - Lethal Injection • 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 Government

12. States without Death Penalties • Alaska (1957) • Connecticut* (2012) • Dist. of Columbia (1981) • 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)

13. Benefits of Capital Punishment • The actual sentence is far cheaper then life in prison • Seen as the ultimate deterrent for criminals • Will stop a prisoner serving life from killing guards and other inmates

14. Negatives of Capital Punishment • Experimenting with new drugs • Wrong person can be convicted • Lengthy and costly appeals process