4 Death Penalty

Question 0

What is the utilitarian approach?

Answer 0

The intent that sentences should accomplish a useful outcome.
Ex: deterrence

Question 1

What are the two approaches that are taken when considering how to lessen crime?

Answer 1

1) Utilitarian

2) Retributive

Question 2

What is the retributive approach?

Answer 2

Punishment should be inflicted on a person who has taken something from another person. Like what does the criminal deserve? It’s a moral outrage.

Question 3

What are two judges have become frustrated with?

Answer 3

1) Revolving door justice
2) Awareness of prison overcrowding and the high costs of
incarceration.

Question 4

What is meant by “revolving door justice?”

Answer 4

Many offenders who are released from prison eventually return, suggesting that their punishments had little long-term effectiveness.

Question 5

What are the purposes of incarceration? (7)

Answer 5

• General Deterrence
• Individual Deterrence
• Incapacitation
• Retribution
• Moral Outrage
• Rehabilitation
• Restitution

Question 6

What is general deterrence?

Answer 6

Punishing the offender discourages others from offending.

Question 7

What is individual deterrence?

Answer 7

Punishing the offender discourages that particular offender from committing other crimes.

Question 8

What is incapacitation?

Answer 8

Society can feel safe knowing the offender is locked up.

Question 9

What is retribution?

Answer 9

Offenders suffer for what they have done.

Question 10

What is moral outrage?

Answer 10

Public gets satisfaction from punishing the offender.

Question 11

What is rehabilitation?

Answer 11

Offenders will recognize the error of their ways, develop new skills values and lifestyles so they can become law-abiding citizens.

Question 12

What is restitution?

Answer 12

Offenders compensate victims for their losses, usually during probation.

Question 13

In Canada in 1859, what offences were considered punishable by death? How did they kill?

Answer 13

Treason, theft, burglary, rape, pedophilia, homosexuality and beastiality. The only method of execution was hanging.

Question 14

In canada, in 1859, what did they do after the hanging?

Answer 14

The body was often left in public, usually covered in tar so that they could preserve them from weather.

Question 15

By 1869, what were the only three crimes punishable by death?

Answer 15

Murder, rape and treason.

Question 16

In 1961, what was the only crimes punishable by death?

Answer 16

Capital murder. (planned deliberate murder, or murder of police)

Question 17

How many men and women have been executed in Canada’s history?

Answer 17

697 Men, 13 Women

Question 18

What happened with the death penalty in 1967?

Answer 18

Placed a moratorium on the death penalty except for the murder of a police officer.

Question 19

What happened to the death penalty in 1976?

Answer 19

The death penalty was removed.

Question 20

What were the concerns raised by parliament that lead to the death penalty being discontinued?

Answer 20

• Wrongful convictions
• Taking lives of the individuals
• Uncertainty of the effectiveness as a deterrent.

Question 21

What happened to 14 year old Steven Truscott in 1959?

Answer 21

• Sentenced to death for the murder of a classmate
• Scheduled to be hanged on Dec.8 1959 but was postponed
• In 1960 his death sentence was commuted to life in prison
• In 2007 he was acquitted of the charges
• In 2008 the government of Ontario awarded him 6.5 million

Question 22

What did the Canadian parliament replace for the death penalty?

Answer 22

1st Degree Murder - Life in prison with no eligibility for parole after
25 years.
2nd Degree Murder - Between 10 - 25 years

Question 23

In the states, who is involved with sentencing decisions?

Answer 23

In most states - Trial Judge

Capital cases - Juries

Question 24

Are they trying to get away from jury sentencing? (For death penalty?)

Answer 24

Yes

Question 25

In modern history, why did the U.S. abolish the death penalty?

Answer 25

"Cruel and unusual punishment"

Question 26

When was the death penalty reinstated in the U.S. and why?

Answer 26

- 1976 - Due to changes in how a jury would decide between death penalty and life in prison.

Question 27

How does the U.S. defend that the death penalty is not cruel and unusual punishment?

Answer 27

Provided that the method is not deemed cruel and that the punishment is not excessive in relation to the crime.

Question 28

How many states use the death penalty?

Answer 28

35

Question 29

Since the death penalty was reinstated in 1976, how many people have been sentenced / executed?

Answer 29

- 7,500 sentenced to death | - 1, 225 have been executed

Question 30

Which part of the U.S. / Which states use the death penalty the most?

Answer 30

- 80% of the executions occur in the southern states | - Texas accounting for 1/3 of them

Question 31

What is the estimated percentage of people sentenced to death that may be innocent?

Answer 31

2.3%

Question 32

How are jurors selected in capital cases? "Death qualification"

Answer 32

- Prospective jurors are required to answer questions about their attitudes toward capital punishment. - Prospective jurors are excluded if they are extremely opposed or for the death penalty.

Question 33

What are the qualities of jurors now that they are "death qualified?"

Answer 33

- More disposed towards conviction

Question 34

What is the jury process called?

Answer 34

Bifurcated Process (2 phases)

Question 35

What are the two steps in the bifurcated process?

Answer 35

1. Jury first decides guilt or innocence | 2. If found guilty, then jury decides between death penalty or LWOP

Question 36

What are factors that should be considered in the bifurcated process?

Answer 36

Must consider aggravating and mitigating factors.

Question 37

What is an aggravating factor?

Answer 37

- Facts that argue for the death penalty - Very violent or heinous crimes - Ex: Killing a police officer

Question 38

What is a mitigating factor?

Answer 38

- Facts that argue for LWOP - Defendant's age - Defendant was a victim of abuse growing up - Low IQ or mental illness

Question 39

How can a jury member be allowed to vote for the death penalty?

Answer 39

A jury can't vote for death without at least one aggravating factor. However, even if many aggravating factors are present, LWOP is always an option.

Question 40

What does research show about the jury and aggravating/mitigating factors?

Answer 40

Understanding of aggravating factors more than mitigating factors can lead to more death penalty recommendations.

Question 41

Give two examples of aggravating / mitigating factors?

Answer 41

- Alcohol use - Mental illness - Defendants age

Question 42

What are jurors don't understand how to weigh mitigating and aggravating factors, they are more likely to...?

Answer 42

More likely to rely on stereotypes to make punishment decisions.

Question 43

What are the racial issues with jurors/ defendants and the death penalties?

Answer 43

1. White male jurors more likely to vote an execute a black man. (More so than non-white and females) 2. Black defendants who kill white victims are more likely to be sentenced to death. 3. Victims of homicide are equally divided, but the chance of a death sentence who kill whites is more then people who kill blacks.

Question 44

How are jurors often treated how?

Answer 44

- Like children (sit still, pay attention, don't talk) | - Expected to understand complicated legal terminology

Question 45

When Canada held a free vote on the reinstatement of the death penalty in 1987, what were the results?

Answer 45

- 54% opposed | - 46% favoured

Question 46

Since 2002, what is considered cruel and unusual punishment?

Answer 46

To execute offenders with mental retardation.

Question 47

What did Roper v. Simmons (2005) petition to impose?

Answer 47

the decision in which the Supreme Court held that it is unconstitutional to impose the death penalty for crimes committed while under the age of 18.

Question 48

Who was the last minor to be executed? And what did they do?

Answer 48

- Scott Allen Hain - Stole a car, robbed the victims in the car, placed them in the trunk and set fire to the car resulting in death. - Hain was put down at age 32.

Question 49

What are some questions that are asked when determining the competency of someone for execution?

Answer 49

"Do you understand why you are being executed?" | "Do you understand what death means?"