The Death Penalty14Corrections in AmericaCHAPTERCo.docx

The Death Penalty
14
Corrections in America
CHAPTER
Copyright © 2016, 2013, 2010 by Pearson Education, Inc.
All Rights Reserved
Corrections in America, 14e
Allen | Latessa | Ponder
FOURTEENTH EDITION
All Rights Reserved
Lethal injection room with the bed the inmate is strapped to
during the execution.
Credit: Bob Child/AP Images.
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What Will Be Covered!
Outline the history of the death penalty in the nation and the
legal provisions for it.
Describe the forms of execution.

Describe the effects of decisions of the U.S Supreme Court on
capital punishment.
continued on next slide
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Summarize the eighth amendment's impacts on the death
penalty.
Explain how prosecutorial discretion impacts the death penalty.
Draw appropriate conclusions about the deterrent effects of the
death penalty.
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Describe forms of capital punishment.
Describe how executions are carried out and the problems
associated with them.
Explain why there are so few females on death row in America.
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Compare and contrast the abolitionists and retentionists
positions on the death penalty.
Identify who may not be executed in the nation.
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Summarize the characteristics of current death row prisoners.
Compare and contrast the costs of the death penalty and a
sentence of life without parole.
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Origins of the Death Penalty
Capital punishment defined
The methods by which the punishment has been carried out
Arguments for and against the death penalty
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The term capital punishment generally refers to the execution,

in the name of the state, of a person convicted of certain crimes.
The methods by which the punishment has been carried out have
been even more varied, and include being hanged, burned,
boiled in oil, impaled, shot, strangled, beheaded, drawn and
quartered, electrocuted, gassed, and now injection with lethal
drugs.
Arguments for and against the death penalty concern the issues
of deterrence, excessive cruelty (8th Amendment arguments),
equability (6th and 14th Amendment considerations) and
attitudes toward capital punishment.
8
Better Ways to Die?
Lethal injection as the "most humane" form of execution as the
primary or secondary option
Since 1976, most executions have been with lethal injection.
Gregg v. Georgia
All Rights Reserved
Thirty-Five states (some states authorize more than one method)
and the federal government have passed legislation to use a
lethal injection of chemicals as the 'most humane" form of
execution as the primary or secondary option.
Since 1976, about 85% of executions have been with lethal
injection.
Gregg v. Georgia- the 1977 case that ended the moratorium on
the death penalty.
9

Arbitrary and Infrequent Punishment
The number of executions between 1976 and May 2011
Most executions have taken place in the South.
The list of states with the highest number of executions
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The total number of executions between 1976 and May 2011
was 1,247, with the highest number in 1999 at 98.
Most executions have taken place in the South.
Over 80% of the 1,247 executions between 1976 and midyear
2011 took place in the South, with Texas (467), Virginia (108),
Oklahoma (96), Florida (69), and Missouri (68) accounting for
nearly two-thirds of all executions.
10
Arbitrary and Infrequent Punishment
Furman v. Georgia
Prosecutorial discretion in states with capital punishment
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Furman v. Georgia- The Supreme Court decision that the death
penalty in Georgia was being applied arbitrarily and
discriminatorily against minorities; as a result of this case, a
moratorium on the death penalty was imposed throughout the

United States.
In those states with capital punishment, the prosecutor must
decide to seek the death penalty, using the vast discretion
inherent in that office.
11
The 8th Amendment and the Death Penalty
Cruel and unusual punishment
The 8th amendment
In Gregg v. Georgia opinion
Bifurcated trial
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Cruel and unusual punishment- prohibited by the 8th
Amendment to the Constitution.
In Gregg V. Georgia opinion, the U.S. Supreme Court mandated
a bifurcated trial, the first part to determine guilt and the second
trial to determine the penalty.
12
Prosecutor's Discretion
Formal charge and the death penalty
One factor that affects the decision
An example of how race effects the possible use of the death
penalty
The death-row population

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The prosecutor must enter a formal charge and may or may not
seek the death penalty.
One factor that affects the decision to seek the death penalty is
the race of the victim.
In South Carolina, for example, studies show that if the victim
is white and the offender black, then the black offender is eight
times as likely to face a death sentence.
The death-row population has since shifted from a majority
black population to a more diverse population in which blacks
are only about 1/3 of the offenders on death row.
13
Deterrence of the Death Penalty
If the death penalty were a deterrent, no crime would occur.
Deterrent defined
Retentionists
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One should realize that if the death penalty were a deterrent, no
crime would occur.
Deterrent - The hope that a criminal sanction will stop potential
offenders by inflicting suffering on actual offenders.
Retentionists - Those who favor the death penalty.
14
Pubic Opinion and the Death Penalty

The American public's attitude toward the death penalty
Support for the death penalty has declined.
Life Certain
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The American public's attitude toward the death penalty has
fluctuated wildly, as reflected in public opinion polls.
Although support for the death penalty has declined over the
past decade, most polls continue to show strong support for the
death penalty in the abstract (that is, if no alternative is
considered)- with about 65% approval for cases involving
murder.
Life Certain- Judge's sentence that precludes parole eligibility,
order to incarcerate the offender until dead.
15
The Controversy Continues
DNA testing and the factual innocence of death row inmates
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Many death-row inmates profess their innocence, and recently
developed scientific techniques (such as DNA testing) have
established the factual innocence of at least a dozen inmates on
death row.

16
Kerry Max Cook, recently exonerated by DNA after 22 years on
death row in Texas.
Credit: Robin Marchant/Contributor/Getty Images
Entertainment/Getty Images.
All Rights Reserved
17
The Issue of Equability
Equitability
"Are blacks who kill white victims more likely to receive a
death sentence than white killers who murder black victims?"
The answer is yes.
Available evidence
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The heart of the question of equitability is whether the
punishment is applied evenhandedly across a jurisdiction.
In terms of the death penalty, "Are blacks who kill white
victims more likely to receive a death sentence than white
killers who murder black victims?
The answer is yes.

Available evidence suggests that the death penalty is not evenly
applied and my be wanton and freakish in its imposition.
18
Women and the Death Penalty
Women on death row
Small number
Execution is rare.
Screening-out effect
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In general, both the sentencing-to-death rate and the death row
population remain very small for women in comparison to those
for men. Actual execution of female offenders is
quite rare, with only 571 documented instances beginning with
the first in 1632. These 571 female executions constitute less
than 3 percent of the total of 20,425 confirmed executions
in the United States since 1608. In the past 100 years, 40
women have been executed in the United States, and 13 female
offenders have been executed since 1976. The most recent
execution was on December 3, 2013, in Texas.
Death sentences for and actual executions of female offenders
are also rare in comparison to such events for male offenders. In
fact, women are more likely to be dropped out of the system the
further the capital punishment process progresses.
Following in summary outline form are the data indicating this
screening-out effect:
• Women account for about 1 in 10 (10 percent) murder arrests.

• Women account for only 1 in 50 (2.0 percent) death sentences
imposed at the trial level.
• Women account for only 1 in 67 (1.5 percent) persons
presently on death row.
• Women account for only 1 in 100 (1 percent) persons actually
executed since Furman.
19
Juveniles and the Death Penalty
A 2010 Pew Research Center poll
Opposition to capital punishment for juvenile offenders
The court, the 8th and 14th amendments, and the execution of
juvenile offenders
All Rights Reserved
In a 2010 Pew Research Center poll, some 62% of respondents
endorsed the death penalty in general.
79% of the respondents in one 2003 survey opposed capital
punishment for juvenile offenders.
In 2005, the Court held that the 8th and 14th Amendments
forbid the execution of offenders who were under the age of 18
when their crime was committed.
20
Justifications
Three major justifications for the death penalty
Revenge
Just desserts argument
Societal protection argument

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Three major justifications for the death penalty are collectively
referred to as the retentionist position, and include revenge, just
desserts, and protection.
Revenge - Seeking retribution for a harm inflicted.
Just desserts argument - Argument that offenders should receive
severe punishment because of the nature of the crime
committed.
Societal protection argument - The argument that once
executed, the offender cannot commit another crime, thus
protecting society.
21
The Death Penalty and Terrorism
The federal government and the U.S. Code of Military Justice
Tried in either a federal court or military tribunal
Is either jurisdiction appropriate for terrorists?
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The federal government and the U.S. Code of Military Justice
have death penalty statutes that permit capital punishment for
designated offenses.
The accused would be tried in either a federal court or military
tribunal, depending on the jurisdiction.
At the time of this writing, it is unclear which, if either,
jurisdiction would be appropriate for terrorists.

22
The Cost of the Death Penalty
Is cheaper to invoke the death penalty than to incarcerate an
offender in prison for life?
Cost examples (pages 311-312)
Washington
Tennessee
Kansas and others
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Some may argue that it is cheaper to invoke the death penalty
than to incarcerate an offender in prison for life, studies do not
bear that out.
For example, a study concluded that the cost of the death
penalty in California has totaled over $4 billion since 1978.
This figure is over and above what it would have cost that state
had it utilized life without parole instead of death.
Other examples in the text:
Washington: At the trial level, death penalty cases are estimated
to generate roughly $470,000 in additional costs to the
prosecution and defense over the cost of trying the same case as
an aggravated murder without the death penalty. On direct
appeal, the cost of appellate defense averages $100,000 more in
death penalty cases than in non–death penalty murder
cases.
• Tennessee: Death penalty cases cost an average of 48 percent
more than the average cost of trials in which prosecutors seek
life imprisonment.
• Kansas: The investigation costs for death sentence cases were

about three times greater than for non–death sentence cases.
The appeal costs were 21 times greater.
• Indiana: The cost of the death penalty is 38 percent greater
than the total costs of life without-parole sentences. (Others
also found on page 312.)
23
What Was Covered!
Outline the history of the death penalty in the nation and the
legal provisions for it.
Describe the forms of execution.
Describe the effects of decisions of the U.S Supreme Court on
capital punishment.
All Rights Reserved
What Was Covered!
Summarize the eighth amendment's impacts on the death
penalty.
Explain how prosecutorial discretion impacts the death penalty.
All Rights Reserved
What Was Covered!
Draw appropriate conclusions about the deterrent effects of the
death penalty.

Describe forms of capital punishment.
Describe how executions are carried out and the problems
associated with them.
Explain why there are so few females on death row in America.
All Rights Reserved
What Was Covered!
Compare and contrast the abolitionists and retentionists
positions on the death penalty.
Identify who may not be executed in the nation.
All Rights Reserved
What Was Covered!
Summarize the characteristics of current death row prisoners.
Compare and contrast the costs of the death penalty and a
sentence of life without parole.
All Rights Reserved

QSO 600 Milestone Three Guidelines and Rubric
Overview: The final project of this course will allow you to
demonstrate your ability to analyze a company of your choice
that is preparing to add a new product
to its existing operation. You will be tasked with developing
strategies to mitigate risk regarding the new product launch.
Prompt: For the final project in the course, you will be tasked
with identifying the manufacturing requirements, product
feasibility, production constraints,
profitability, and overall risk associated with introduction of a
new product. For this milestone, you will analyze your selected
company and offer guidance on
how to address potential risk factors associated with the
introduction of its new product and how to address the overall
financial impact the new product will
have on the company. Additionally, you will create a draft of
management strategies—an analysis of your selected company—
including guidance on how to form
and appropriately manage the launch of a new product as well
as the team that will be involved in its launch.
Specifically, the following critical elements must be addressed:
III. Risk and Financial Impact: In this part of the project, you
will analyze your selected company and offer guidance as to
how to address potential risk
factors associated with the introduction of its new product and
what the overall financial impact of the new product will be on
the company.

A. Identify potential risks to the company associated with the
new product introduction.
B. Develop a risk mitigation plan to address the previously
identified risks associated with the introduction of the new
product.
C. Explain how your proposed risk mitigation plan will account
for and address the previously identified risks.
IV. Management Strategies: In this part of the project, you will
analyze your selected company and offer guidance as to how to
form and appropriately
manage the launch of a new product as well as the team that
will be involved with the launch of the new product.
A. Describe the key aspects and characteristics of the team that
you would build to support introduction of the new product.
B. Select the stakeholder from the company that you would
include on a cross-functional team to support the introduction of
the new product.
C. Explain how your proposed team is cross-functional and how
that assists them in supporting the introduction of the new
product.
D. Develop a strategy you would use to manage the cross-
functional team tasked with supporting the introduction of the
new product.
E. Explain how you could apply principles of total quality
management (TQM) in managing the product introduction.
F. Describe how you could utilize the total quality management
(TQM) approach for fulfilling customer expectations associated
with the new
product.
G. Explain how each department in the company would
approach assessing customer expectations of the product.

mfreeman
Textbox
Rubric
Guidelines for Submission: Milestone Three must be 4 to 6
pages in length (plus a cover page and references) and written
in APA format. Use double spacing,
12-point Times New Roman font, and one-inch margins. Include
at least five references cited in APA format.
Critical Elements Proficient (100%) Needs Improvement (80%)
Not Evident (0%) Value
Risk and Financial Impact:
Potential Risks
Identifies potential risks to the
company associated with the new
product introduction
Identifies potential risks to the
company associated with the new
product introduction, but risks are
inaccurate or overgeneralized
Does not identify potential risks to
the company associated with the
new product introduction
5

Risk Mitigation Plan
Develops a risk mitigation plan to
address identified risks associated
with introduction of the new product
Develops a risk mitigation plan to
address identified risks associated
with introduction of the new
product, but plan is inappropriate or
overgeneralized
Does not develop a risk mitigation
plan to address identified risks
associated with introduction of the
new product
10
Address
Explains how the proposed risk
mitigation plan accounts for and
addresses identified risk
Explains how the proposed risk
mitigation plan accounts for and
addresses identified risk, but
explanation is inappropriate or
cursory
Does not explain how the proposed
risk mitigation plan accounts for and

addresses identified risk
10
Management Strategies:
Key Aspects and
Characteristics
Describes the key aspects and
characteristics of the team that
would be built to support the
introduction of the new product
Describes the key aspects and
characteristics of the team that
introduction of the new product, but
description of team is inaccurate or
cursory
Does not describe the key aspects
and characteristics of the team that
10
Stakeholders
Selects the stakeholders from the
company to be included on a cross-
functional team to support the
Selects the stakeholders from the

company to be included on a cross-
functional team, but selection is
inappropriate or illogical
Does not select stakeholders from
the company
10
Cross-functional
Explains how the team is cross-
functional and how this assists in
supporting the introduction of the
new product
Explains how the team is cross-
functional, but not how this assists in
supporting the introduction of the
new product, or explanation is
cursory
Does not explain how the team is
cross-functional
10
Strategy
Develops a strategy to manage the
cross-functional team supporting the
Develops a strategy to manage the

cross-functional team, but developed
strategy is inappropriate or
overgeneralized
Does not develop a strategy to
manage the cross functional team
10
mfreeman
Textbox
Managing
Explains how principles of total
quality management could be
applied in managing the product
introduction
Explains how principles of total
quality management could be
introduction, but explanation is
inaccurate or cursory
Does not explain how principles of
total quality management could be
introduction
10

Customer Expectations
Describes how the TQM approach
could be utilized to fulfill customer
expectations
Describes how the TQM approach
could be utilized to fulfill customer
expectations, but description is
inaccurate or cursory
Does not describe how the TQM
approach could be utilized to fulfill
customer expectations
10
Department
Explains how each department
approaches the assessment of
customer expectations
Explains how each department
approaches the assessment of
customer expectations, but
explanation is inappropriate or
cursory
Does not explain how each
department approaches the
assessment of customer
expectations

10
Articulation of Response Submission has no major errors
related to citations, grammar,
spelling, syntax, or organization
Submission has major errors related
to citations, grammar, spelling,
syntax, or organization that
negatively impact readability and
articulation of main ideas
Submission has critical errors related
to citations, grammar, spelling,
syntax, or organization that prevent
understanding of ideas
5
Total 100%
mfreeman
Textbox
Notes and summary on the Death Penalty’s audio lecture
Since ancient times to the colonial era, society has reserved for
its most severe crimes
its most severe penalty – the penalty of death.

1. It was a simple act, usually carried out by stoning
2. Executions were public to fulfill a deterrent effect; death
executions were a public
event
3. As society developed, hangings or decapitations became more
common as
principle form of death sentence
The 20
th
Century, the death penalty was used less often; most of the
European
countries no longer use a death penalty. In the United States
though, the death penalty
is still used. Methods to execute criminals were changing. The
common forms of
execution in the latter part of the 20
th
Century were electric chair, gas chamber, firing
squad, hanging, and lethal injection.
Today in America there is only one capital crime – first degree
or capital murder.
Inmates who are sentenced to death are housed in the part of
prison called “death row’

where the prisoner is held under careful guard.
The Eighth Amendment and the Death Penalty
The Eighth Amendment reads: “Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.” Cruel
and excessive
punishment may be defined:
1. If the punishment inflicts unnecessary or wanton pain.
2. If the punishment is unacceptable in society
3. If the punishment is excessively or grossly disproportionate
to the offense
Opposition to the death penalty began following World War II.
Grounds of opposition:
1. Arbitrary punishment
2. Racially discriminatory
3. Cruel and unusual punishment
The U.S. Supreme Court ruled in Furman v. Georgia (1972) that
the death penalty was
cruel and unusual punishment, but did not say the death penalty
was inappropriate to a
civilized society. It said only that the death penalty as it was
then being used was

arbitrary, unfair, discriminatory, and capricious. The Supreme
Court attacked the
manner rather than the penalty itself. The result was that the
states immediately
rewrote their death penalty laws to try to come up with statutes
that would withstand
Supreme Court scrutiny. In Gregg v. Georgia (1976), the
Supreme Court allowed
Georgia’s death penalty statutes to stand, in effect defining a
legal process to impose
the death penalty that other states could follow as well. In
order to impose a death
sentence, the Gregg case established the following legal
procedures:
1. A narrow definition of the crime
2. Bifurcated trial
3. Review of aggravating circumstances and mitigating
circumstances
4. Automatic appeal and appellate review of the issue of
proportionality
Death penalty controversy continues. Proponents believe it is a
deterrent and

deserved; Opponents say the death penalty is inhumane and
believe Life Certain or No
Parole is more effective and less costly.

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