Introduction to Corrections

Chapter 14

Corporal and Capital Punishment

Physical Sanctions:

-positive

-negative (CJ system)

-economic

-physical

Corporal and Capital Punishment

Torture:-extract confession/info

-”intense pain…mind/body”

-pain not torture

-Courts: prohibit torture not pain

Corporal and Capital Punishment

8th amendment: cruel and unusual punishment

-courts avoid specific definitions: look at

-shocks conscience of court-violate evolving standards of decency-disproportionate to offense

-wanton/unnecessary pain

-deliberate indifference

Corporal and Capital Punishment

Evolving standards of decency:

Where do the courts look? Pain itself not cruel/unusual Corporal punishment as discipline violates 8th

Corporal punishment as sentence no violates 8th

1958: Chief Justice Warren:“evolving standards of decedent that mark the progress of a

maturing society”

Corporal and Capital Punishment

Gregg v. GA: -capital punishment not cruel/unusual-large proportion of society-appropriate

Jackson v. Bishop:-whipping unconstitutional-”offends contemporary concepts of decency”

How determine standards of decency?-state legislatures-represent “will of the people”

Corporal and Capital Punishment

Corporal punishment:-affects the body

-pillory: wooden frame on tall post/head/hands

-stocks: feet

-Boston-stocks-1st customer was carpenter

Pillory

Stocks

Branding:

-forehead/cheek/shoulder/hand

-letter for crime

-hand-raised in court-criminal past

Branding

Whipping

Sticks/canes/rods/straps/rubber hoses

1776-1829-debate focused on types of corporal punishment versus penitentiaries

What group was this used on routinely?

CAPITAL PUNISHMENT

Means:

-hanging-firing squad-electric chair-gas chamber-lethal injection

CAPITAL PUNISHMENT

STATS: NO NEED TO WRITE DOWN:-56%-south-7% northeast-98% male-56% white-42% black-13% Hispanic-2% other-64% prior felonies (8% prior homicide)

CAPITAL PUNISHMENT

Leaving Death Row:-executed

-appeal

-clemency-leniencyReprieve: stay of execution for period of timeCommutation: reduction of penaltyPardon: release for responsibility for crime

CAPITAL PUNISHMENT

Courts:Furman v. GA (1972):Cruel and unusual Arbitrary/capricious (majority) Uncontrolled discretion

Other justices: Unconstitutional by itself

Bifurcated trials:-guilt phase-penalty phase (aggravating/mitigating)

CAPITAL PUNISHMENT

Abolitionists:

1. State laws

2. Supreme Court

CAPITAL PUNISHMENT

Cruelty?:

-electric chair

-gas chamber

-lethal injection

Deterrent?:

Specific

General

Fairness debate:-Gender (443)

-Social class: “searches in vain for affluent execution”

-Race:

-Age: under 18 cannot be executed

-Innocence-Todd Willingham (TX)