Chapter 11Chapter 11Punishment and Punishment and

SentencingSentencing

Punishment Options Punishment Options Through TimeThrough Time

Options now and in the past – people have Options now and in the past – people have been quite inventivebeen quite inventive– Death: done in all kinds of mannersDeath: done in all kinds of manners– Physical pain: amputation, flogging, brandingPhysical pain: amputation, flogging, branding– Loss of resources: fine, restitution, community Loss of resources: fine, restitution, community service, privileges (gun ownership, legal rights service, privileges (gun ownership, legal rights – civil death)– civil death)

– Loss/restriction of liberty: jail, prison, Loss/restriction of liberty: jail, prison, probation, parole probation, parole

– Shame and ostracism: dunking, stocks, scarlet Shame and ostracism: dunking, stocks, scarlet letter, sex offender registration, chain gangsletter, sex offender registration, chain gangs

– Intermediary punishments: electronic, halfway Intermediary punishments: electronic, halfway houses, boot camps, drug courtshouses, boot camps, drug courts

Punishment TrendsPunishment Trends

From punishing the body to From punishing the body to punishing the mindpunishing the mind

From physical pain to financial From physical pain to financial painpain

The standard of proportionality The standard of proportionality – make punishment fit the crime– make punishment fit the crime

The rise of the prisonThe rise of the prison The decline of public punishmentThe decline of public punishment

The Current Punishment The Current Punishment LadderLadder

Ranging from restorative justice to the death Ranging from restorative justice to the death penaltypenalty

Restorative justiceRestorative justice Fines and day finesFines and day fines Probation (about 4 million in 2006)Probation (about 4 million in 2006)

– Treatment and controlTreatment and control– Conditions and RevocationConditions and Revocation– Intensive Probation - ISPIntensive Probation - ISP

Intermediary sentences (between release in liberty and Intermediary sentences (between release in liberty and imprisonment)imprisonment)– Drug courts; community service; house arrest, electronic Drug courts; community service; house arrest, electronic

monitoring; restitution and forfeiture; “halfway houses”; monitoring; restitution and forfeiture; “halfway houses”; boot campsboot camps

Imprisonment: jail and prison (over 2 million in 2006)Imprisonment: jail and prison (over 2 million in 2006) DeathDeath

Goals of SentencingGoals of Sentencing

– Deterrence: general and specificDeterrence: general and specific– Incapacitation: general and Incapacitation: general and selective (career criminal)selective (career criminal)

– Punishment: retributive justice, Punishment: retributive justice, just desertsjust deserts

– RehabilitationRehabilitation– RestitutionRestitution– ReintegrationReintegration

Goals of SentencingGoals of Sentencing

The Goals of Modern The Goals of Modern SentencingSentencing

General DeterrenceGeneral Deterrence– Punishing the offender serves to convince Punishing the offender serves to convince society, or potential criminals, not to commit society, or potential criminals, not to commit crimescrimes

– Difficulty in determining the right amount of Difficulty in determining the right amount of punishmentpunishment

– Some believe recent declines in crime rates are Some believe recent declines in crime rates are result of tough sentencesresult of tough sentences

– Assumes people consider consequences before Assumes people consider consequences before actingacting

Specific DeterrenceSpecific Deterrence– Will deter that particular offender from Will deter that particular offender from committing future crimescommitting future crimes

The Goals of Modern The Goals of Modern Sentencing (cont.)Sentencing (cont.)

IncapacitationIncapacitation– Confinement so that offender cannot commit Confinement so that offender cannot commit more crimes; keeps society safer; prevents more crimes; keeps society safer; prevents future crimesfuture crimes

– General: all who sit in prison cannot commit General: all who sit in prison cannot commit crimes, except against other people in the crimes, except against other people in the prison (guards, staff, fellow prisoners) prison (guards, staff, fellow prisoners)

– Specific: target repeat offenders or career Specific: target repeat offenders or career criminals who commits many offenses; locking criminals who commits many offenses; locking them up is a cost effective way of preventing them up is a cost effective way of preventing many crimesmany crimes The estimates of how many crimes are prevented by The estimates of how many crimes are prevented by each incapacitation vary wildlyeach incapacitation vary wildly

Goals of Sentencing Goals of Sentencing (cont.)(cont.)

Punishment/Retribution/Just Punishment/Retribution/Just DesertDesert– Those who commit crimes deserve to Those who commit crimes deserve to be punishedbe punished

– ““A just measure of pain” A just measure of pain” proportional to the harm done by proportional to the harm done by the crime is the proper sentence the crime is the proper sentence

– The sentence should be clear and The sentence should be clear and certain (not open-ended)certain (not open-ended)

The Goals of Modern The Goals of Modern Sentencing (cont.)Sentencing (cont.)

Rehabilitation Rehabilitation – Based on treatment philosophy that Based on treatment philosophy that offenders can be reformedoffenders can be reformed

– Sometime called the medical model – Sometime called the medical model – crime is an illness which can be crime is an illness which can be cured with proper treatmentcured with proper treatment

– Requires that treatment services Requires that treatment services are available for convicted are available for convicted offenders while in prison or under offenders while in prison or under state controlstate control

Goals of Modern Goals of Modern Punishment (cont.)Punishment (cont.)

Equity/restitutionEquity/restitution– It is fair and just for criminals It is fair and just for criminals to repay society and their victimsto repay society and their victims

– The concern is for the victim – the The concern is for the victim – the harm done them should be made goodharm done them should be made good

– Works better for property crimes, Works better for property crimes, since the harm done can be since the harm done can be calculated, but less so for person calculated, but less so for person crime (e.g., what is the proper crime (e.g., what is the proper restitution for sexual assault?)restitution for sexual assault?)

Goals of Modern Goals of Modern Punishment (cont.)Punishment (cont.)

ReintegrationReintegration– Almost all convicted offenders sentenced to Almost all convicted offenders sentenced to prison will return to society at some timeprison will return to society at some time

– A non-reintegrated offender is likely to commit A non-reintegrated offender is likely to commit another crime, hence is a threat to othersanother crime, hence is a threat to others

– E.g., long prison sentences practically guarantee that E.g., long prison sentences practically guarantee that the ex-convict will re-offend, will not become a law the ex-convict will re-offend, will not become a law abiding citizenabiding citizen

– Sentences should not make it impossible for ex-Sentences should not make it impossible for ex-convicts to be reintegrated into society convicts to be reintegrated into society

– Consider alternative sentences which are less Consider alternative sentences which are less likely to complicate or undermine reintegrationlikely to complicate or undermine reintegration

Imposing the SentenceImposing the Sentence Except for mandatory sentences, judges rely Except for mandatory sentences, judges rely on a variety of informationon a variety of information– Sentencing guidelinesSentencing guidelines– Victim impact statementsVictim impact statements– Pre-sentence investigation reportsPre-sentence investigation reports

Concurrent sentences: person serves Concurrent sentences: person serves sentences for two or more crimes at the sentences for two or more crimes at the same timesame time

Consecutive sentences: sentences for two or Consecutive sentences: sentences for two or more criminal acts that are served one more criminal acts that are served one after the otherafter the other

Effects of good time can shorten sentencesEffects of good time can shorten sentences

Sentencing ModelsSentencing Models

Indeterminate sentencesIndeterminate sentences– Based on a treatment philosophy which Based on a treatment philosophy which must fit the needs of the offendermust fit the needs of the offender

– Sentence has a minimum and maximumSentence has a minimum and maximum– Inmate can earn time off for good Inmate can earn time off for good behaviorbehavior

– Early release but continued supervisionEarly release but continued supervision– Your prison sentence is completed when Your prison sentence is completed when a parole board decides you are safe to a parole board decides you are safe to return to societyreturn to society

Sentencing Models Sentencing Models (cont.)(cont.)

Determinate sentencesDeterminate sentences– Sometimes referred to as structured Sometimes referred to as structured sentencessentences

– Prompted by dissatisfaction with Prompted by dissatisfaction with disparity and uncertainty of disparity and uncertainty of indeterminate sentencing.indeterminate sentencing.

– Defendants serve specified number of Defendants serve specified number of yearsyears Truth in sentencing laws – sentences, or Truth in sentencing laws – sentences, or percentage of, imposed by judge must be servedpercentage of, imposed by judge must be served

– Use of sentencing guidelinesUse of sentencing guidelines

Why Sentencing Why Sentencing GuidelinesGuidelines

Limit judicial discretion, ensure greater Limit judicial discretion, ensure greater consistency, less disparity in sentencingconsistency, less disparity in sentencing

Constructing Guidelines: Who makes theseConstructing Guidelines: Who makes these– Consultants, appointed commissions, Consultants, appointed commissions, legislatureslegislatures

Constructing the sentencing tableConstructing the sentencing table– Two Underlying principles: Proportionality Two Underlying principles: Proportionality and Criminal Historyand Criminal History proportionality: the severity of punishment should proportionality: the severity of punishment should be proportional to the seriousness of the crimebe proportional to the seriousness of the crime

criminal history: the severity of punishment criminal history: the severity of punishment should increase for repeat offensesshould increase for repeat offenses

Sentencing GuidelinesSentencing Guidelines

Constructing the Sentencing Table (cont.)Constructing the Sentencing Table (cont.)– Two decisions: Horizontal equity and vertical Two decisions: Horizontal equity and vertical equityequity

– Vertical equity: Which crimes are more or less Vertical equity: Which crimes are more or less serious than other crimes?serious than other crimes? How much greater should the punishment be as go up How much greater should the punishment be as go up vertical equity?vertical equity?

– Horizontal equity: which crimes are similar in Horizontal equity: which crimes are similar in seriousness to other crimesseriousness to other crimes

Presumptive sentence: midpoint and rangesPresumptive sentence: midpoint and ranges Going outside the range: allowed or not; Going outside the range: allowed or not; mitigating and aggravating circumstances mitigating and aggravating circumstances

Sentencing Models Sentencing Models (cont.)(cont.)

Effectiveness of guidelinesEffectiveness of guidelines– They are too rigid, harsh and overly They are too rigid, harsh and overly complexcomplex

– Take into account juvenile convictions Take into account juvenile convictions – Result in longer prison termsResult in longer prison terms– U.S. v. BookerU.S. v. Booker held federal guidelines held federal guidelines were unconstitutionalwere unconstitutional they are advisory, not mandatorythey are advisory, not mandatory

The impact of sentencing guidelines The impact of sentencing guidelines on plea bargainingon plea bargaining

The Justice of The Justice of Sentencing Guidelines Sentencing Guidelines

Are guidelines fair? Are guidelines fair? – Limit the capacity of judges to Limit the capacity of judges to tailor punishment to the nature of tailor punishment to the nature of the offense and the offenderthe offense and the offender

– Biased against African-Americans Biased against African-Americans and other minorities – criminal and other minorities – criminal histories which affect sentences histories which affect sentences may reflect prior discrimination may reflect prior discrimination

Sentencing Models Sentencing Models (cont.)(cont.)

Mandatory SentencesMandatory Sentences– Bars judicial discretionBars judicial discretion– May exclude probationMay exclude probation– May exclude paroleMay exclude parole– May use minimum or maximum terms but May use minimum or maximum terms but most commonly requires a fixed prison most commonly requires a fixed prison sentencesentence

– Have been one factor contributing to Have been one factor contributing to the increased the size of the the increased the size of the correctional population to record correctional population to record levelslevels

Sentencing Models Sentencing Models (cont.)(cont.)

Three-strikes lawsThree-strikes laws– Provides lengthy prison terms for anyone Provides lengthy prison terms for anyone convicted of three felonies – many of convicted of three felonies – many of the statutes impose a life sentencethe statutes impose a life sentence

– May involve relatively trivial felony May involve relatively trivial felony offensesoffenses

– Experts argue whether it has any Experts argue whether it has any deterrent effectdeterrent effect

– Can a prior guilty plea (after plea Can a prior guilty plea (after plea bargaining or an Alford plea) be bargaining or an Alford plea) be reversed if it leads to third strike?reversed if it leads to third strike?

Sentencing Models Sentencing Models (cont.)(cont.)

Truth in sentencingTruth in sentencing– Require offenders to serve a Require offenders to serve a substantial portion of their substantial portion of their prison sentence behind barsprison sentence behind bars

– Parole eligibility and good-time Parole eligibility and good-time credits are restricted or credits are restricted or eliminatedeliminated

How People are How People are SentencedSentenced

In 2002 more than 1 million adults In 2002 more than 1 million adults were convicted of a felonies in a were convicted of a felonies in a single year.single year.

About 2/3 of felons convicted in About 2/3 of felons convicted in state court were sentenced to a state court were sentenced to a period of confinement.period of confinement.

The average sentence in state The average sentence in state courts was 4½ years.courts was 4½ years.

Offenders generally served only 51 Offenders generally served only 51 percent of their sentence.percent of their sentence.

Sentencing PatternsSentencing Patterns

Sentences tend to be quite severeSentences tend to be quite severe For example, the average prison sentence for violent offenders is 92 months=seven years and eight months, or about the time for two college BAsFor example, the average prison sentence for violent offenders is 92 months=seven years and eight months, or about the time for two college BAs

How People are How People are Sentenced (cont.)Sentenced (cont.)

Factors that effect sentencing:Factors that effect sentencing:– Seriousness of the crimeSeriousness of the crime– Offender’s prior recordOffender’s prior record– Whether offender used violenceWhether offender used violence– Whether offender used a weaponWhether offender used a weapon– Whether the crime was committed Whether the crime was committed for moneyfor money

How People are How People are Sentenced (cont.)Sentenced (cont.)

Factors That Effect Sentencing Factors That Effect Sentencing (cont.):(cont.):– Social class – lower class members may Social class – lower class members may expect to get longer sentenceexpect to get longer sentence

– Gender – chivalry hypothesis; women receive Gender – chivalry hypothesis; women receive more favorable outcomesmore favorable outcomes

– Age – more lenient with elderly offendersAge – more lenient with elderly offenders– Victims with “negative personal Victims with “negative personal characteristics” – defendants may receive characteristics” – defendants may receive shorter sentencesshorter sentences

– Racial status – minorities receive longer Racial status – minorities receive longer sentences in some jurisdictionssentences in some jurisdictions

Death PenaltyDeath Penalty The most serious and irreversible punishmentThe most serious and irreversible punishment Arguments for and against: can think about Arguments for and against: can think about the D-P at five levelsthe D-P at five levels– Personal – could I personally kill someone? Personal – could I personally kill someone? – Philosophical – is it just to kill someone (adults, Philosophical – is it just to kill someone (adults, non-adults, mentally disabled)?non-adults, mentally disabled)?

– Effectiveness – does the death penalty deter others Effectiveness – does the death penalty deter others and save lives?and save lives?

– Can it be implemented as a policy in the correct way?Can it be implemented as a policy in the correct way? Is it discriminatory when applied?Is it discriminatory when applied? Is it accurate – do innocent people get sentenced and Is it accurate – do innocent people get sentenced and executed?executed?

Is the process done fairly – proper defense?Is the process done fairly – proper defense?

– Can we afford it financially: trials and appeals?Can we afford it financially: trials and appeals?

Death Penalty (cont.)Death Penalty (cont.) The death penalty is the outcome of a process; it is The death penalty is the outcome of a process; it is not a philosophical issue in practice.not a philosophical issue in practice.

Prosecutors have to charge “death eligible” – using Prosecutors have to charge “death eligible” – using aggravating circumstancesaggravating circumstances

There are two trials:There are two trials: – Guilty or not guilty trialGuilty or not guilty trial– Sentencing trial: a jury, not a judges, has to decide Sentencing trial: a jury, not a judges, has to decide whether to impose the death penalty after a guilty verdict; whether to impose the death penalty after a guilty verdict; jury must be “death qualified”jury must be “death qualified”

Automatic appeals on every death penalty convictionAutomatic appeals on every death penalty conviction Offenders sentenced to death row tend to spend many Offenders sentenced to death row tend to spend many years there, before execution, dying of natural years there, before execution, dying of natural causes, violence by other inmates, or being set freecauses, violence by other inmates, or being set free

Capital PunishmentCapital Punishment

More than 14,500 executions since More than 14,500 executions since 16081608

Supreme Court has limited crimes Supreme Court has limited crimes for which death penalty may be for which death penalty may be imposedimposed

Practically all executions are for Practically all executions are for aggravated murderaggravated murder

Death penalty for murder is used in Death penalty for murder is used in 38 states and by the federal 38 states and by the federal governmentgovernment

Capital Punishment Capital Punishment (cont.)(cont.)

Approximately 3,400 people are currently under Approximately 3,400 people are currently under sentence of deathsentence of death

Between 75 and 100 people are executed each yearBetween 75 and 100 people are executed each year In 2004, 59 people were executedIn 2004, 59 people were executed Lethal injection primary mode of execution;Lethal injection primary mode of execution;

– earlier methods, hanging, electric chair, gas chamber, earlier methods, hanging, electric chair, gas chamber, shooting are rarely used or allowedshooting are rarely used or allowed

Lethal injection, done out of sight, is considered Lethal injection, done out of sight, is considered the most civilized form of killing a convictthe most civilized form of killing a convict– Lethal injection currently challenged as cruel and unusual Lethal injection currently challenged as cruel and unusual punishmentpunishment

Unease over potential for error has caused decline Unease over potential for error has caused decline in number of inmates on death row and executionsin number of inmates on death row and executions

Capital Punishment Capital Punishment (cont.) (cont.)

Arguments for the death penaltyArguments for the death penalty– Incapacitation: when you are dead you cannot Incapacitation: when you are dead you cannot kill againkill again

– Deterrence: other murders will be preventedDeterrence: other murders will be prevented– Morally correct: retributive justice Morally correct: retributive justice – Proportional to the crime: you kill, we kill Proportional to the crime: you kill, we kill youyou

– Reflects public opinion: public supports the Reflects public opinion: public supports the death penalty; support declines to about 50 death penalty; support declines to about 50 percent if people are told that life in percent if people are told that life in prison without parole is an alternative prison without parole is an alternative

– Unlikely chance of error: the system worksUnlikely chance of error: the system works

Capital Punishment Capital Punishment (cont.) (cont.)

Arguments against the death penaltyArguments against the death penalty– Possibility of error Possibility of error – Unfair use of discretionUnfair use of discretion– Misplaced vengeanceMisplaced vengeance– Weak public supportWeak public support– Little deterrent effect – causes more crime Little deterrent effect – causes more crime than it detersthan it deters

– Always a hope of rehabilitationAlways a hope of rehabilitation– Racial, gender, and other biasRacial, gender, and other bias– Brutalization effectBrutalization effect– Expensive and morally wrongExpensive and morally wrong

Capital Punishment Capital Punishment (cont.) (cont.)

Legal IssuesLegal Issues– Furman v. Georgia: Furman v. Georgia: Discretionary Discretionary imposition is unconstitutionalimposition is unconstitutional

– Gregg v. GeorgiaGregg v. Georgia: Must consider : Must consider aggravating and mitigating circumstancesaggravating and mitigating circumstances

– Ring v. Arizona: Ring v. Arizona: Jury must impose Jury must impose sentence – not judgessentence – not judges

– Atkins v. Virginia: Atkins v. Virginia: May not execute May not execute mentally illmentally ill

– Roper v. Simmons: Roper v. Simmons: Must be 18 years old Must be 18 years old to be sentenced to deathto be sentenced to death

Deterrence and Capital Deterrence and Capital PunishmentPunishment

Deterrent effect of capital Deterrent effect of capital punishmentpunishment– Three methods of research used to try to Three methods of research used to try to determine if death penalty deters crimedetermine if death penalty deters crime Immediate-impact studiesImmediate-impact studies Time-series analysisTime-series analysis Contiguous-state analysisContiguous-state analysis

– Most researchers have failed to show any Most researchers have failed to show any deterrent effect of capital punishmentdeterrent effect of capital punishment

– General consensus by researchers is that General consensus by researchers is that capital punishment has little or no capital punishment has little or no deterrent effectdeterrent effect

How Does Deterrence How Does Deterrence Work?Work?

Affects motivationAffects motivationSeeks changes in future behavior Seeks changes in future behavior By changing the calculus of By changing the calculus of consequencesconsequences

More effective if: certain, swift, More effective if: certain, swift, and severeand severe Certainty and celerity seem to matter Certainty and celerity seem to matter more than severitymore than severity

Depends on how much likely offenders Depends on how much likely offenders know about certainty, celerity, and know about certainty, celerity, and severityseverity

How Does Deterrence How Does Deterrence Work? (cont.)Work? (cont.)

Deterrence works for some behaviors and Deterrence works for some behaviors and individuals but not othersindividuals but not others– Traffic: works by personal experienceTraffic: works by personal experience

Why work in traffic: immediacy (celerity) and low costs Why work in traffic: immediacy (celerity) and low costs for behavior change (slow down when see police car)for behavior change (slow down when see police car)

– Murder and the death penaltyMurder and the death penalty Many homicides are committed for emotion and passion – Many homicides are committed for emotion and passion – little calculationlittle calculation

Some are committed for pay, not affected by possible Some are committed for pay, not affected by possible consequencesconsequences

Difficult to calculate consequences: costs and benefitsDifficult to calculate consequences: costs and benefits Miscalculations of certainty (won’t get caught)Miscalculations of certainty (won’t get caught) Long delays between sentence and executionLong delays between sentence and execution

DeterrenceDeterrence Deterrence as policy:Deterrence as policy:

– Who can or needs to be deterred?Who can or needs to be deterred?– targeting deterrencetargeting deterrence

% no need – won’t commit murder% no need – won’t commit murder % could be deterred by consequences% could be deterred by consequences % cannot be deterred by consequences% cannot be deterred by consequences But percentages for each group are unknownBut percentages for each group are unknown

– Most deterrence policies will change Most deterrence policies will change severity; easier than changing celerity or severity; easier than changing celerity or certaintycertainty The likelihood to over-deter The likelihood to over-deter Severity will target the least able to be deterredSeverity will target the least able to be deterred Inefficient use of resources – less severity could Inefficient use of resources – less severity could deter a lot of peopledeter a lot of people

The Deterrence CurveThe Deterrence Curve Every person has a deterrence curve: the level Every person has a deterrence curve: the level of punishment which would deter her/him from of punishment which would deter her/him from committing a crimecommitting a crime

For most people, it will take more punishment to For most people, it will take more punishment to deter them from more serious crime and less deter them from more serious crime and less punishment to deter from non-serious crimepunishment to deter from non-serious crime

For some people, even little potential For some people, even little potential punishment will deter them from all crimespunishment will deter them from all crimes

For other people, even severe potential For other people, even severe potential punishment will not deter them from most crimepunishment will not deter them from most crime

The relationship between severity of punishment The relationship between severity of punishment and deterrence can be plotted on a deterrence and deterrence can be plotted on a deterrence curvecurve

False ConvictionsFalse Convictions

Over 120 death row inmates released since Over 120 death row inmates released since 1976, for having been falsely convicted – 1976, for having been falsely convicted – they were innocent of the crime for which they were innocent of the crime for which they were sentenced to deaththey were sentenced to death

It is pretty certain that innocent people It is pretty certain that innocent people have been executedhave been executed

Race/ethnic composition of prisoners Race/ethnic composition of prisoners released through DNA evidence (not all released through DNA evidence (not all from death row) from death row) – 183 total: 106 Black, 47 White, 18 Latino, 183 total: 106 Black, 47 White, 18 Latino, 1 Asian American, rest unknown (2003)1 Asian American, rest unknown (2003)

Death Penalty (cont.)Death Penalty (cont.)

Reasons for false convictionsReasons for false convictions– Mistaken eyewitness identificationMistaken eyewitness identification– Inaccurate forensicsInaccurate forensics– False confessionsFalse confessions– Jail house informantsJail house informants– Bad defense lawyersBad defense lawyers– Misconduct by prosecutors and Misconduct by prosecutors and policepolice

DiscriminationDiscrimination Does race, gender, minority status affect who Does race, gender, minority status affect who is sentenced to death and who is executed?is sentenced to death and who is executed?– About 53 percent of executed in the US since 1976 have About 53 percent of executed in the US since 1976 have been African-Americansbeen African-Americans

There is limited support that race of the There is limited support that race of the offender by itself (most studies look as offender by itself (most studies look as black-white differences in sentencing) is a black-white differences in sentencing) is a factorfactor

There may be a cumulative discriminatory There may be a cumulative discriminatory effect, in that at each stage of the process effect, in that at each stage of the process small discriminatory decisions add upsmall discriminatory decisions add up– The proportion of Black death row inmates (about 47 The proportion of Black death row inmates (about 47 percent) is much larger than the proportion of black males percent) is much larger than the proportion of black males in the general population (Practically all death row in the general population (Practically all death row inmates are male).inmates are male).

DiscriminationDiscrimination

There is pretty clear evidence There is pretty clear evidence that the race of offender and that the race of offender and victim taken together matter. victim taken together matter. – White offenders who kill black White offenders who kill black victims are much less likely to be victims are much less likely to be charged, convicted, and sentenced charged, convicted, and sentenced to death than are black offenders to death than are black offenders who kill white victimswho kill white victims

Fair ProcessFair Process Most accused of a capital offense are poor and Most accused of a capital offense are poor and cannot afford a lawyerscannot afford a lawyers

Many states provide little money for lawyers Many states provide little money for lawyers who defend those on trial for a capital who defend those on trial for a capital offenseoffense

There are many examples of lawyers doing very There are many examples of lawyers doing very little to protect the rights of their clients little to protect the rights of their clients in capital cases (sleeping while the trial in capital cases (sleeping while the trial goes on, failing to cross examine witnesses, goes on, failing to cross examine witnesses, not objecting to rulings when they should not objecting to rulings when they should have)have)

The quality of defending varies from abysmal The quality of defending varies from abysmal to excellentto excellent