Ch 14
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Ch 14

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Ch 14 Ch 14 Presentation Transcript

  • Introduction to Corrections Chapter 14
  •  Physical Sanctions:-positive-negative (CJ system)-economic-physicalCorporal 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 Chief Justice Warren:1958:“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-appropriateJackson 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 Corporal and Capital Punishment
  • Pillory
  • Stocks
  •  Branding:-forehead/cheek/shoulder/hand-letter for crime-hand-raised in court-criminal past
  • Branding
  •  Sticks/canes/rods/straps/rubber hoses 1776-1829-debate focused on types of corporal punishment versus penitentiaries What group was this used on routinely? Whipping
  •  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 discretionOther justices: Unconstitutional by itself Bifurcated trials:-guilt phase-penalty phase (aggravating/mitigating) CAPITAL PUNISHMENT
  •  Abolitionists:1. State laws2. Supreme Court CAPITAL PUNISHMENT
  •  Cruelty?:-electric chair-gas chamber-lethal injection CAPITAL PUNISHMENT
  •  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)