Death penalty
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The document discusses capital punishment in the United States. It notes that as of 2008 there were over 3,100 individuals on death rows in the US. While the US is one of 58 nations that carries out the death penalty, support for it has declined in the US with only 55% of Americans now in favor compared to 78% in 1996. The document also outlines the different methods of execution allowed in various US states.
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AGAINST THE DEATH PENALTY
Stephen B. Bright
Attorney Stephen B. Bright is a visiting lecturer at Yale Law School, and President of the
Southern Center for Human Rights. In the essay below, he argues that the death penalty today is
still as arbitrary as it was decades ago, and it should be abolished. Pursuing the death penalty is
based on the decision of individual prosecutors, and juries in white communities hand down
death penalty verdicts more than those in mixed communities. He argues that wrongful
convictions frequently occur and result from poor legal representation, mistaken identifications,
the unreliable testimony of informants who swap their testimony for lenient treatment, and police
and prosecutorial misconduct.” Further, according to Bright, the death penalty does not deter
since murderers are not the kind of people who rationally assess risks, and, even if they were,
they don’t have the right information about the death penalty to make a reasoned judgment.
. . . This is a most appropriate time to assess the costs and benefits of the death penalty. Thirty
years ago, in 1976, the Supreme Court allowed the resumption of capital punishment after
declaring it unconstitutional four years earlier in Furman v. Georgia. Laws passed in response to
Furman were supposed to correct the constitutional defects identified in 1972. However, 30 years
of experience has demonstrated that those laws have failed to do so.
The death penalty is still arbitrary. It\'s still discriminatory. It is still imposed almost
exclusively upon poor people represented by court-appointed lawyers. In many cases the
capabilities of the lawyer have more to do with whether the death penalty is imposed than the
crime. The system is still fallible in deciding both guilt and punishment. In addition, the death
penalty is costly and is not accomplishing anything. And it is beneath a society that has a
reverence for life and recognizes that no human being is beyond redemption.
Many supporters of capital punishment, after years of struggling to make the system
work, have had sober second thoughts about it. Justice Sandra Day O\'Connor, who leaves the
Supreme Court after 25 years of distinguished service, has observed that \"serious questions are
being raised about whether the death penalty is being fairly administered in this country\" and
that \"the system may well be allowing some innocent defendants to be executed.\" Justices
Lewis Powell and Harry Blackmun also voted to uphold death sentences as members of the
court, but eventually came to the conclusion, as Justice Blackmun put it, that \"the death penalty
experiment has failed.\'\"
The Birmingham News announced in November that after years of supporting the death penalty
it could no longer do so \"[b]ecause we have come to believe Alabama\'s capital punishment
system is broken. And because, first and foremost, this newspaper\'s editorial board is committed
to a culture of life.\" . . .
The death penalty is not imposed to .
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RACE, ETHNICITY, AND THE DEATH PENALTYConstitutionality.docx
RACE, ETHNICITY, AND THE DEATH
PENALTY
Constitutionality
Public Opinion
Empirical Evidence
OVERVIEW
• Current statistics
• Who’s on death row?
• Constitutionality of capital punishment
• Supreme Court case law
• Public attitudes towards capital punishment
• Racialized support
• Empirical evidence of racial bias?
• Race of defendant
• Race of victim
• Contemporary issues
Virginia abolished the death
penalty in 2021.
Current state status:
• Death penalty = 24
• No death penalty = 23
• Governor imposed
moratorium = 3
Death Penalty Information Center, 2021
CAPITAL PUNISHMENT STATISTICS
• 1890-1984
• 5,726 executions – 54% (2,915) non-White
• Between 1976 and 2021 (post-Furman)
• 1,538 people executed
• 55.6% White, 34.3% Black, 8.4% Hispanic
• Five states have accounted for nearly two-thirds of all executions since 1977
• Texas, Virginia, Oklahoma, Florida, and Missouri
• 2,508 inmates under a death sentence as of April 1, 2021
• 98% male
• 42.37% White, 41.29% Black, 13.5% Latinx
• 51 females under a sentence of death in 2021
• 58.8% White, 23.5% Black; 11.7% Latina
BJS, 2021; Death Penalty Information Center, 2021
CONSTITUTIONALITY
• The Eighth Amendment of the U.S. Constitution prohibits “cruel and unusual punishments”
• Interpretations of cruel and unusual left up to the Supreme Court
• The Fourteenth Amendment provides equal protection of the law
• Legal challenges cite racial disparities in capital cases
• Furman v. Georgia (1972)
• Ruled the death penalty unconstitutional under existing administration practices
• Violation of Eighth and Fourteenth Amendments
• 5 to 4 decision; all 9 judges wrote separate opinions
• The death penalty was being applied in an arbitrary and capricious manner
• Little uniformity across states
• Lack of appropriate guidance for jurors informing when the sentence was appropriate
• The degree of discretion available opened the door for discrimination
• 3 of 5 judges in the majority cited racial discrimination in the application of the penalty
Walker et al., 2018
CONSTITUTIONALITY (CONT’D)
• Capital punishment was essentially illegal between 1972 and 1976
• Furman invalidated death penalty statutes in 39 states, DC, and the federal government
• Vacated 765 cases involving death row inmates
• Gregg v. Georgia (1976)
• Guided discretion statutes addressed the arbitrary and capricious concerns
• Requiring jurors to consider specific aggravating and mitigating circumstances sufficiently narrowed
the pool of death eligible cases
• Narrowed death-eligible offenses with mandatory death penalty ruled unconstitutional
• Coker v. Georgia (1977)
• Capital punishment for rape is unconstitutional
• Although not cited by the majority, between 1930 and the 1970s, 405 Black men were
executed in the South for rape, compared to 48 Whites
Walker et al., 2018
PUBLIC SUPPORT FOR CAPITAL PUNISHMENT
• Public opinion matters
• CJ actors weigh public opi.
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Death penalty
- 2. • As of September 2008, there were over 3,100 individuals on state and federal death rows. Source 1
- 3. • The United States is one of 58 nations that still practices capital punishment, along with Ethiopia, Afghanistan and North Korea. Japan and India are the only other major democratic nations that carry out this form of punishment. • Seven of those countries allow it only in the case of "exceptional crimes," such as one committed under military law. Thirty-five others allow it for "ordinary" crimes such as murder, but have not carried out an execution in at least 10 years and "are believed to have a policy or established practice of not carrying out executions”.
- 4. • Capital punishment is still legal in 32 states. Maryland was the latest to outlaw the death penalty in 2013, though the ruling was not retroactive; the five inmates on death row there are still due to be executed. • The same is true for Connecticut and New Mexico, which outlawed the death penalty in 2012 and 2009, respectively. Connecticut's 11 death row prisoners and New Mexico's two are still up for execution by the state.
- 5. • Texas has carried out the most executions in the U.S. since 1976, when the U.S. Supreme Court reinstated the death penalty, executing 515 people. • Virginia and Oklahoma have executed 110 people each over the same time frame, with Florida executing 86 inmates and Missouri executing 74. • Texas, it should be noted, has executed more people than all those states combined.
- 6. • More than half of all Americans support the death penalty (55%), marking a significant decline from 1996, when 78% of the U.S. favoured capital punishment. • Today, 37% of Americans oppose it. • Though the population as a whole is slightly in favour of capital punishment , some prominent minority groups are not. • Just 40% of Hispanics support the death penalty, as opposed to 50% who oppose it. For African Americans, those numbers are an even greater contrast to the general population. Only 36% favour it, compared with 55% who oppose it.
- 7. • Florida, South Carolina and Virginia allow inmates to choose between lethal injection and electrocution. • Missouri allows death by lethal gas — although the law doesn't specify who gets to choose the method. • Inmates on death row in Alabama can request the electric chair. • In California and Wyoming, they can ask for lethal gas. • If there's nobody to administer a lethal injection in New Hampshire, prisoners can be hanged. • Death row inmates in Washington can ask for the gallows, too. • Oklahoma allows electrocution if lethal injection should ever become unconstitutional. • Utah has a similar clause, but favours a firing squad instead of the chair.
- 9. Resources • http://www.amnesty.org/en/library/asset/ACT50/010/2007/en/f14c87db-d3a2-11dd-a329- 2f46302a8cc6/act500102007en.pdf • https://www.aclu.org/capital-punishment/death-penalty-questions-and-answers • http://napavalleyregister.com/news/opinion/mailbag/six-questions-and-answers-ahead- of-death-penalty-vote/article_662c3de2-8201-11e1-9713-001a4bcf887a.html • http://www.dailymail.co.uk/news/article-2257579/Sir-Trevor-McDonalds-chilling-encounter- Death-Row-killer-Ronald-L-Sanford-Indiana-State-Prison.html • http://www.radiotimes.com/news/2013-01-17/trevor-mcdonald-recalls-his-haunting-experience- visiting-murderers-on-death-row