This document discusses different types of physical sanctions used in criminal justice systems, including corporal punishment and capital punishment. It defines corporal punishment as physical punishment that affects the body, such as using the pillory, stocks, branding, whipping or caning. It also discusses the constitutionality of different forms of corporal and capital punishment according to key Supreme Court cases. Capital punishment, or the death penalty, is also examined in terms of the methods used such as hanging, firing squad, electric chair and lethal injection.

1. Introduction to
Corrections
Chapter 14

2.  Physical Sanctions:
-positive
-negative (CJ system)
-economic
-physical
Corporal and Capital Punishment

3.  Torture:
-extract confession/info
-”intense pain…mind/body”
-pain not torture
-Courts: prohibit torture not pain
Corporal and Capital Punishment

4.  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

5.  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

6. 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

7.  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

8. Pillory

9. Stocks

10.  Branding:
-forehead/cheek/shoulder/hand
-letter for crime
-hand-raised in court-criminal past

11. Branding

12.  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

16.  Means:
-hanging
-firing squad
-electric chair
-gas chamber
-lethal injection
CAPITAL PUNISHMENT

28.  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

29.  Leaving Death Row:
-executed
-appeal
-clemency-leniency
Reprieve: stay of execution for period of time
Commutation: reduction of penalty
Pardon: release for responsibility for crime
CAPITAL PUNISHMENT

30.  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

31.  Abolitionists:
1. State laws
2. Supreme Court
CAPITAL PUNISHMENT

32.  Cruelty?:
-electric chair
-gas chamber
-lethal injection
CAPITAL PUNISHMENT

33.  Deterrent?:
 Specific
 General

34.  Fairness debate:
-Gender (443)
-Social class:
“searches in vain for affluent execution”
-Race:
-Age: under 18 cannot be executed
-Innocence-Todd Willingham (TX)