Purposes of PrisonPurposes of Prison

Mission statement of Federal Bureau Mission statement of Federal Bureau of Prisonof Prison– ““to protect society by confining offenders to protect society by confining offenders

in the controlled environments of prisons in the controlled environments of prisons and community-based facilities that are and community-based facilities that are safe, humane, cost-efficient, and safe, humane, cost-efficient, and appropriately secure, and that provide appropriately secure, and that provide work and other self-improvement work and other self-improvement opportunities to assist offenders in opportunities to assist offenders in becoming law-abiding citizens.”becoming law-abiding citizens.” Implies rehabilitationImplies rehabilitation

Goals of IncarcerationGoals of Incarceration

Retribution: taking Retribution: taking out society’s out society’s vengeance against vengeance against a defendanta defendant

Rehabilitation: help Rehabilitation: help defendant mend defendant mend his/her criminal his/her criminal ways and ways and encourage to adopt encourage to adopt a lawful lifestylea lawful lifestyle

Deterrence: threat Deterrence: threat of prison is in place of prison is in place to deter people from to deter people from committing crimescommitting crimes

Punishment: lock up Punishment: lock up bad people to bad people to punish and get off punish and get off our streetsour streets

Politics: “tough on Politics: “tough on crime” campaigning crime” campaigning gets votesgets votes

History of Prison History of Prison Systems in the United Systems in the United StatesStates Can be traced to 2 systems in the 19Can be traced to 2 systems in the 19thth

centurycentury– New York’s Auburn Prison (1817)New York’s Auburn Prison (1817)– Eastern State Penitentiary @ Cherry Hill (1829)Eastern State Penitentiary @ Cherry Hill (1829)

Judge Morris LaskerJudge Morris Lasker– How should society deal w/ people who violate its How should society deal w/ people who violate its

rules and customs?rules and customs? Punishment and sequestration of the offender in the Punishment and sequestration of the offender in the

hope of deterring him and others from committing hope of deterring him and others from committing futher offenses, or…futher offenses, or…

Redeeming the prodigal son so that, w/ a new set of Redeeming the prodigal son so that, w/ a new set of values, he will internalize conformity w/ society’s rules.values, he will internalize conformity w/ society’s rules.

History of Executions History of Executions in the U.S.in the U.S. Prior to 19Prior to 19thth Century, hanging was the Century, hanging was the

most common method.most common method.– Inexpensive and easily carried outInexpensive and easily carried out– Painful, often taking 20 minutes for death to Painful, often taking 20 minutes for death to

occur, and often resulted in decapitationoccur, and often resulted in decapitation Long-drop introduced in late 19Long-drop introduced in late 19thth century. century. Hanging later fell out of favor in most Hanging later fell out of favor in most

jurisdictions.jurisdictions.– Illegal Lynching-hanging that took place Illegal Lynching-hanging that took place

w/out authority permissionw/out authority permission– Delaware, New Hampshire, and Washington Delaware, New Hampshire, and Washington

still offer hanging as a method of execution.still offer hanging as a method of execution.

History of Executions History of Executions in the U.S.in the U.S. Electrocution Electrocution

– New York 1888New York 1888– William KemmlerWilliam Kemmler

11stst man executed via electrocution (1890) man executed via electrocution (1890)

Firing SquadFiring Squad– Utah 1854Utah 1854– Nevada 1911Nevada 1911

Lethal GasLethal Gas– Nevada 1921Nevada 1921– Seen as an improved method of execution Seen as an improved method of execution

because did not disfigure or mutilate the body.because did not disfigure or mutilate the body.

Abolishment of Abolishment of ExecutionExecution After WWII, many factors contributed to After WWII, many factors contributed to

a movement against the death penalty.a movement against the death penalty.– Atrocities witnessed during the warAtrocities witnessed during the war– Civil Rights movementCivil Rights movement– ACLU and NAACP attempts to appeal death ACLU and NAACP attempts to appeal death

penalty casespenalty cases– Abolition of death penalty in a number of Abolition of death penalty in a number of

Western countriesWestern countries– Weakening in public support for the death Weakening in public support for the death

penalty.penalty.

Abolishment of Abolishment of ExecutionExecution Prior to 1920:Prior to 1920:

– Wisconsin, Minnesota, and North Wisconsin, Minnesota, and North Dakota abolish death penalty.Dakota abolish death penalty.

1950’s and 1960’s:1950’s and 1960’s:– 10 states abolish death penalty10 states abolish death penalty

Alaska, Hawaii, Delaware, Oregon, Iowa, Alaska, Hawaii, Delaware, Oregon, Iowa, Michigan, West Virginia, Vermont, New Michigan, West Virginia, Vermont, New York, and New MexicoYork, and New Mexico

By 1968, executions have By 1968, executions have ceasedceased..

Cruel and Unusual Cruel and Unusual PunishmentPunishment 1969 – Boykin v. 1969 – Boykin v.

AlabamaAlabama 1970 – Maxwell 1970 – Maxwell

v. Bishopv. Bishop 1971 – People v. 1971 – People v.

AndersonAnderson 1972 – Furman v. 1972 – Furman v.

GeorgiaGeorgia

ReinstatementReinstatement– After Furman v. After Furman v.

GeorgiaGeorgia– 1976 – 35 states 1976 – 35 states

enacted new enacted new death penalty death penalty statutesstatutes

– July 2, 1976, July 2, 1976, Gregg v. GeorgiaGregg v. Georgia

Not Cruel and Not Cruel and UnusualUnusual

Some Federal Capital Some Federal Capital CrimesCrimes Homicide related crimes:Homicide related crimes:

– 11stst degree murder degree murder– GenocideGenocide– Retaliatory murder of a member of the immediate Retaliatory murder of a member of the immediate

family of law enforcementfamily of law enforcement– Murder…Murder…

Of a Federal judge or law enforcement officialOf a Federal judge or law enforcement official During a kidnapping or hostage-takingDuring a kidnapping or hostage-taking Of a court officer or jurorOf a court officer or juror Related to rape or child molestationRelated to rape or child molestation

Non-homicide crimes:Non-homicide crimes:– EspionageEspionage– TreasonTreason– Drug trafficking in large quantitiesDrug trafficking in large quantities

Capital Punishment Capital Punishment 2001 Stats2001 Stats 15 states and the Federal Government 15 states and the Federal Government

executed 66 prisoners during 2001.executed 66 prisoners during 2001.– Under sentence an average of 11yrs and 5 months.Under sentence an average of 11yrs and 5 months.– 63 men and 3 women63 men and 3 women– 48 whites, 17 blacks, and 1 American Indian48 whites, 17 blacks, and 1 American Indian– Youngest death row inmate was 19 and oldest was Youngest death row inmate was 19 and oldest was

86.86.– All lethal injectionAll lethal injection

3,581 prisoners were on death row3,581 prisoners were on death row– California (603), Texas (453), Flordia (372), and California (603), Texas (453), Flordia (372), and

Pennsylvania (241).Pennsylvania (241).– 19 prisoners were on Federal death row19 prisoners were on Federal death row

Capital Punishment Capital Punishment 2002 Stats2002 Stats 71 persons executed in 13 states71 persons executed in 13 states

– 53 white and 18 black53 white and 18 black– 69 men and 2 women69 men and 2 women– Lethal injection accounted for 70 of Lethal injection accounted for 70 of

the executions and 1 was carried out the executions and 1 was carried out by electrocution.by electrocution.

3,557 prisoners on death row3,557 prisoners on death row– All had committed murder.All had committed murder.

Capital Punishment Capital Punishment 2003 Stats2003 Stats 65 inmates were executed in 11 states and 65 inmates were executed in 11 states and

the Federal systemthe Federal system– 41 were white, 20 black, 3 Hispanic, and 1 41 were white, 20 black, 3 Hispanic, and 1

American IndianAmerican Indian– All 65 were menAll 65 were men

47 women were on death row, but none executed47 women were on death row, but none executed

  Lethal injection accounted for 64 of the Lethal injection accounted for 64 of the executionsexecutions

1 execution was carried out by 1 execution was carried out by electrocution.electrocution.– James Neil Tucker chose electrocution in South James Neil Tucker chose electrocution in South

Carolina and was executed on May 28, 2004. Carolina and was executed on May 28, 2004.

More Execution InfoMore Execution Info

Last state executionLast state execution– November 4, 2004November 4, 2004– Robert Morrow, white male, age 47Robert Morrow, white male, age 47– CrimeCrime

On April 3, 1996, Morrow abducted and murdered a 21-year old On April 3, 1996, Morrow abducted and murdered a 21-year old white female. white female.

– Texas by Lethal InjectionTexas by Lethal Injection– Robert MorrowRobert Morrow

Last federal executionLast federal execution– March 18,2003March 18,2003– Louis Jones, black male, decorated Gulf War veteranLouis Jones, black male, decorated Gulf War veteran– CrimeCrime

Kidnap/Murder of young white female soldier, Pvt. Tracie Joy Kidnap/Murder of young white female soldier, Pvt. Tracie Joy McBride McBride

Links:Links:– Federal Death Row Prisoners 2004Federal Death Row Prisoners 2004– United States Executions 2004United States Executions 2004

State Methods of State Methods of ExecutionExecution Lethal InjectionLethal Injection

– Used my almost all states and also most frequently Used my almost all states and also most frequently used methodused method

ElectrocutionElectrocution– Still offered by 9 states as an optionStill offered by 9 states as an option

Lethal GasLethal Gas– Still offered by Arizona, California, Missouri, and Still offered by Arizona, California, Missouri, and

Wyoming as an optionWyoming as an option HangingHanging

– Still offered by Delaware, New Hampshire, and Still offered by Delaware, New Hampshire, and Washington as an optionWashington as an option

Firing SquadFiring Squad– Still offered by Idaho, Oklahoma, and Utah as an optionStill offered by Idaho, Oklahoma, and Utah as an option

Since 1977…Since 1977…

Three inmates have been executed by Three inmates have been executed by hanging.hanging.– 2 in Washington and 1 in Delaware2 in Washington and 1 in Delaware– The last hanging was in 1996 in Delaware.The last hanging was in 1996 in Delaware.

Two inmates have been executed by firing Two inmates have been executed by firing squad.squad.– Both took place in Utah, and the last was in 1996.Both took place in Utah, and the last was in 1996.

Nine inmates have been executed by lethal Nine inmates have been executed by lethal gasgas– The last taking place in North Carolina in 1994.The last taking place in North Carolina in 1994.

                                                                                                                                        

                                                                                                                                                                                                                                                                                                                                                          

This map shows the various types of execution methods used in the United This map shows the various types of execution methods used in the United States.States.

Why is it an Issue?Why is it an Issue?

CostCost Executions as EntertainmentExecutions as Entertainment Violence on TelevisionViolence on Television Botched ExecutionsBotched Executions We are Killing in Our Name We are Killing in Our Name DeterrenceDeterrence First Amendment RightsFirst Amendment Rights

Both Sides ConfusedBoth Sides Confused

Supporters of death penalty oppose Supporters of death penalty oppose public executions for fear of arousing public executions for fear of arousing sympathy, make public forget the sympathy, make public forget the crimes commitedcrimes commited

Opponents believe the quick TV death Opponents believe the quick TV death would convey that execution is would convey that execution is quick ,in reality long years of mental quick ,in reality long years of mental anguish spent on death rowanguish spent on death row

Arguments Against…Arguments Against… CostCost

– Both a financial and emotional cost Both a financial and emotional cost involvedinvolved

– Financial : Executing an individual costs Financial : Executing an individual costs twice what incarcerating an inmate twice what incarcerating an inmate would, even more if made a media would, even more if made a media eventevent

– Emotional : victims families not only now Emotional : victims families not only now dragged through court systems, but now dragged through court systems, but now must be made to endure increased must be made to endure increased public exposurepublic exposure

Executions as Executions as EntertainmentEntertainment Last U.S. public execution in 1920, Last U.S. public execution in 1920,

people crowded + watchedpeople crowded + watched

An event which people came to An event which people came to watch for funwatch for fun

Another example : Roman Another example : Roman GladiatorsGladiators

Violence on TelevisionViolence on Television

Many studies have been Many studies have been conducted to show the affects of conducted to show the affects of violence on televisionviolence on television

Huesmann (1982)Huesmann (1982)– ““Children create and store in their Children create and store in their

memories problem-solving memories problem-solving algorithms that are based in part on algorithms that are based in part on observation of others’ behavior.”observation of others’ behavior.”

Bobo Doll StudyBobo Doll Study

Bandura conducted study, 72 children Bandura conducted study, 72 children participatedparticipated

Children placed in room with adult who Children placed in room with adult who both physically and verbally abused an both physically and verbally abused an inflated Bobo dollsinflated Bobo dolls

When placed in a room alone, after being When placed in a room alone, after being frustrated by not being allowed to play with frustrated by not being allowed to play with toys, children who toys, children who observed observed adults showing adults showing violence were much more likely to imitate violence were much more likely to imitate their actionstheir actions

Both physical and verbal abuse on the dollsBoth physical and verbal abuse on the dolls

Teaching ViolenceTeaching Violence

Our culture tries to teach our youth that violence is Our culture tries to teach our youth that violence is not an answernot an answer

Public executions would show that we approve of Public executions would show that we approve of meeting violence with violencemeeting violence with violence

Numerous experimental studies, many static Numerous experimental studies, many static observational studies, and a few longitudinal studies observational studies, and a few longitudinal studies all indicate that exposure to dramatic violence on TV all indicate that exposure to dramatic violence on TV is related to violent behavioris related to violent behavior

Exposure to violence in mass media could cause both Exposure to violence in mass media could cause both short and long term increases in a child’s aggressive short and long term increases in a child’s aggressive and violent behavior (Berkowitz, Eron)and violent behavior (Berkowitz, Eron)

Botched ExecutionsBotched Executions

Some believe that executions should not be Some believe that executions should not be televised because something may go wrong.televised because something may go wrong.– April 22, 1983. Alabama. John Evans. After the April 22, 1983. Alabama. John Evans. After the

first jolt offirst jolt of electricity, sparks and flames electricity, sparks and flames erupted from the electrode attached to hiserupted from the electrode attached to his leg. The electrode then burst from the strap leg. The electrode then burst from the strap holding it in place andholding it in place and caught on fire. Smoke caught on fire. Smoke and sparks came out from under the hood. and sparks came out from under the hood. TwoTwo physicians entered the chamber and physicians entered the chamber and found a heartbeat. The electrode wasfound a heartbeat. The electrode was reattached to his leg. More smoke and burning reattached to his leg. More smoke and burning flesh. Again doctors foundflesh. Again doctors found a heartbeat. a heartbeat. Ignoring the pleas of Evan's lawyer, Russ Ignoring the pleas of Evan's lawyer, Russ CananCanan (202-292-7676), a third jolt was applied. (202-292-7676), a third jolt was applied. The execution took 14 minutesThe execution took 14 minutes and left Evan's and left Evan's body charred and smoldering.body charred and smoldering.

Botched ExecutionsBotched Executions

Sept. 2, 1983. Mississippi. Jimmy Lee Sept. 2, 1983. Mississippi. Jimmy Lee Gray. Officials had to clear theGray. Officials had to clear the room eight minutes after the gas was room eight minutes after the gas was released when Gray's desperate gaspsreleased when Gray's desperate gasps for air repulsed witnesses. His attorney, for air repulsed witnesses. His attorney, Dennis Balske of Montgomery,Dennis Balske of Montgomery, Alabama, criticized state officials for Alabama, criticized state officials for clearing the room when the inmateclearing the room when the inmate was still alive. Says David Bruck, "Jimmy was still alive. Says David Bruck, "Jimmy Lee Gray died banging his headLee Gray died banging his head against a steel pole in the gas chamber against a steel pole in the gas chamber while reporters counted his moanswhile reporters counted his moans (eleven, according to the Associated (eleven, according to the Associated Press)"Press)"

Botched ExecutionsBotched Executions

December 12, 1984. Georgia. Alpha Otis December 12, 1984. Georgia. Alpha Otis Stephens. After the first joltStephens. After the first jolt of electricity failed of electricity failed to kill him , Stephens struggled for eight to kill him , Stephens struggled for eight minutesminutes before a second charge finished the before a second charge finished the job. The first jolt took two minutes, and there job. The first jolt took two minutes, and there was a six minute pause so his body could cool was a six minute pause so his body could cool before physiciansbefore physicians could examine him (and could examine him (and declare that another jolt was needed.) During declare that another jolt was needed.) During thatthat six-minute interval, Stephens took 23 breaths.six-minute interval, Stephens took 23 breaths.

March 13, 1985. Texas. Stephen Peter Morin. March 13, 1985. Texas. Stephen Peter Morin. Had to probe both arms andHad to probe both arms and legs with needles legs with needles for 45 minutes before they found the vein.for 45 minutes before they found the vein.

Not What You ExpectNot What You Expect

Many family members who watch Many family members who watch executions leave feeling let down.executions leave feeling let down.

Executions are now clean, sterile, quickExecutions are now clean, sterile, quick As quoted from a grandmother who As quoted from a grandmother who

watched Timothy McVeigh diewatched Timothy McVeigh die ““It was so quick and so sterile and so It was so quick and so sterile and so

serene, it left me feeling angry”serene, it left me feeling angry” Many don’t find the closure which they Many don’t find the closure which they

expectexpect

Well-Publicized Well-Publicized ExecutionsExecutions Most studies have found no effect in Most studies have found no effect in

decline of homicides after well decline of homicides after well publicized executions, while some publicized executions, while some discover homicides increase after the discover homicides increase after the execution.execution.– Known as brutalization effect.Known as brutalization effect.

Effect of desensitizing people to the Effect of desensitizing people to the immorality of killing, increasing immorality of killing, increasing likelihood that some individuals will likelihood that some individuals will make decision to kill.make decision to kill.

Arguments For..Arguments For.. Capital punishment is by nature Capital punishment is by nature

public.public.– It is killing by the state. Executions are It is killing by the state. Executions are

done in our name. done in our name. – Public executions allow society to take Public executions allow society to take

responsibility and acknowledge this. responsibility and acknowledge this.

Capital punishment is now an easily Capital punishment is now an easily ignored act and just a matter of ignored act and just a matter of administration. administration. Let’s us off the hook.Let’s us off the hook.

Out of sight, out of Out of sight, out of mind? mind? If the death penalty is legal then If the death penalty is legal then

why hide it? Why be ashamed? why hide it? Why be ashamed? – It is the legal and just way society It is the legal and just way society

responds to murder.responds to murder.

Albert Camus author of Albert Camus author of Reflections on the GuillotineReflections on the Guillotine::

“ “One must kill publicly or confess One must kill publicly or confess that one does not feel authorized that one does not feel authorized to kill.” to kill.”

How is it different?How is it different? It is no worse than what has It is no worse than what has

already been aired:already been aired:– Film of JFK assassinationFilm of JFK assassination– Tape of Jack Kevorkian injection Tape of Jack Kevorkian injection

Thomas Youk airing on “60 minutes” Thomas Youk airing on “60 minutes” in 1998in 1998

– Live murder of Lee Harvey Oswald Live murder of Lee Harvey Oswald by Jack Ruby on live TV Nov. 24th, by Jack Ruby on live TV Nov. 24th, 19631963

Deterrence …Deterrence …

The most effective way to The most effective way to promote these are to make the promote these are to make the execution public.execution public.– Maximize the level of deterrence Maximize the level of deterrence

Deterrence is only as good as the Deterrence is only as good as the degree to which it is publicized.degree to which it is publicized.

Why the other side Why the other side advocates publicity…advocates publicity… Opponents of the death penalty Opponents of the death penalty

support public executions and support public executions and believe that if it were made public believe that if it were made public it would not survive.it would not survive.

It would force the system to justify It would force the system to justify each execution if done publicly. each execution if done publicly. – Must weigh out and evaluate every Must weigh out and evaluate every

aspectaspect Done both by the public and Done both by the public and

administrationadministration

It would raise questions regarding It would raise questions regarding the merit and terms of the death the merit and terms of the death penalty: penalty: – Why is a black man who kills a white Why is a black man who kills a white

man executed more often? man executed more often?

Before America decided to abolish Before America decided to abolish it, the death penalty would it, the death penalty would become more humane.become more humane.– Authorities could not afford a Authorities could not afford a

botched execution. botched execution.

First Amendment First Amendment IssuesIssues It is the public’s right to know It is the public’s right to know

governmental proceedings, especially governmental proceedings, especially executions.executions.– Capital punishment is the most severe form of Capital punishment is the most severe form of

punishment in our laws. punishment in our laws. American’s can make up their mind on the American’s can make up their mind on the

capital punishment if given real knowledge capital punishment if given real knowledge and evidence. (Understand true workings and evidence. (Understand true workings of capital punishment)of capital punishment)– This freedom of information keeps democracies This freedom of information keeps democracies

healthy. healthy. This is why the First Amendment is so important.This is why the First Amendment is so important.

Media discrimination: pen/paper vs. Media discrimination: pen/paper vs. cameracamera

U.S. Court of Appeals U.S. Court of Appeals for the Ninth Circuit for the Ninth Circuit (2002)(2002) The court struck down a Californian The court struck down a Californian

administrative rule which forbids the administrative rule which forbids the public viewing of the initial process of an public viewing of the initial process of an execution. (California First Amendment execution. (California First Amendment Coalition v. Woodford)Coalition v. Woodford)

The court ruled that the First The court ruled that the First Amendment right which allows access to Amendment right which allows access to governmental proceedings outweighs governmental proceedings outweighs the state’s concern for the security of the state’s concern for the security of the execution staff.the execution staff.

Two Rationales:Two Rationales:First Rational:First Rational: Eighth Amendment (Cruel & Unusual Eighth Amendment (Cruel & Unusual

Punishment) interpretation:Punishment) interpretation:– The constitutionality for the death penalty The constitutionality for the death penalty

depends on whether or not it is in depends on whether or not it is in accordance with…accordance with…

“ “the evolving standards of decency which mark the evolving standards of decency which mark the progress of a maturing society” the progress of a maturing society”

Therefore, citizens must evaluate Therefore, citizens must evaluate whether or not lethal injection (for whether or not lethal injection (for example) is a “standard of decency.” example) is a “standard of decency.”

In order to do this, the court stated In order to do this, the court stated that citizens must have full access that citizens must have full access to the process and method of the to the process and method of the death penalty.death penalty.– Allows citizens to make a meaningful Allows citizens to make a meaningful

assessment which in turn the courts assessment which in turn the courts can rely on to interpret the Eighth can rely on to interpret the Eighth Amendment.Amendment.

Second Rationale:Second Rationale: Public viewing promotes a Public viewing promotes a

communal expression of moral communal expression of moral outrage.outrage.

Our PositionOur Position

We believe that executions We believe that executions should be televised based on the should be televised based on the fact that if we, as America, fact that if we, as America, continue to use the death penalty continue to use the death penalty we should not feel ashamed and we should not feel ashamed and hide the act from the public eye.hide the act from the public eye.

ResourcesResources

www.ojp.usjoj.govwww.ojp.usjoj.gov www.fcc.state.fl.us./fcc/reports/methods/www.fcc.state.fl.us./fcc/reports/methods/

emushist.htmlemushist.html www.deathpenaltyinfo.orgwww.deathpenaltyinfo.org http://usgovinfo.about.comhttp://usgovinfo.about.com www.nolo.com/lawcenter.comwww.nolo.com/lawcenter.com www.penalrehab.orgwww.penalrehab.org http://people.howstuffworks.com/lethal-http://people.howstuffworks.com/lethal-

injection5.htminjection5.htm Bureau of Justice Statistics Bulletin - Capital Bureau of Justice Statistics Bulletin - Capital

Punishment 2001, 2002, and 2003Punishment 2001, 2002, and 2003