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Lecture 7

CLJ 101 Lecture Notes - Execution By Firing Squad, Gas Chamber, Innocence Project
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3 Pages
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Fall 2017

Department
Criminology, Law, and Justice
Course Code
CLJ 101
Professor
Mc Carty Bill
Lecture
7

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CLJ Intro to Criminology Unit: Death Penalty
Capital Punishment
Capital Punishment: The use of the death penalty to punish wrongdoers for
certain crimes
Currently, the death penalty is used almost exclusively for murder
States etc. with Death Penalty
*most prevelent in Southern states
*31/50 states have the death penalty in addition to the federal government and
military courts
*only about 8/31 states actually have used it in the past 2 years
*IL does not have the death penalty
Arguments For…
Death penalty provides closure for the families of the victims
An eye for an eye
The presence of the death penalty prevents future crimes (deterrance)
Arguments Against…
There is a chance of executing someone who is innocent (Innocence Project)
The death penalty is applied unfairly and disproportionately affects certain
groups of people
The death penalty is too costly
History of the Death Penalty
There was a moratorium on the death penalty between 1972 and 1976
Moratorium: nobody was executed; basically a hold
Furman v. Georgia (1972)
Ruled that the process used to determine who gets the death penalty was
unconstitutional because it was widely arbitrary across the nation depending on the
state it varied too greatly
Gregg v. Georgia (1976)
States reformed the process and instituted the below 3 provisions to uniform the
process of the death penalty sentence and therefore the supreme court formally re-
allowed executions
New provisions
Bifurcated process (2 stage process)
Stage 1: trial & proof beyond a reasonable doubt
Stage 2: determine if the death penalty is warranted in this case
Specific guidelines articulated (mitigating and aggravating circumstances)
Automatic appeal
There was a rise in executions thru the 0s & 0s but theres been such a
decline that its likely within the next decade they will stop altogether in
practice even if they remain on the books
Methods of Execution
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Description
CLJ Intro to Criminology Unit: Death Penalty Capital Punishment Capital Punishment: The use of the death penalty to punish wrongdoers for certain crimes Currently, the death penalty is used almost exclusively for murder States etc. with Death Penalty *most prevelent in Southern states *31/50 states have the death penalty in addition to the federal government and military courts *only about 8/31 states actually have used it in the past 2 years *IL does not have the death penalty Arguments For Death penalty provides closure for the families of the victims An eye for an eye The presence of the death penalty prevents future crimes (deterrance) Arguments Against There is a chance of executing someone who is innocent (Innocence Project) The death penalty is applied unfairly and disproportionately affects certain groups of people The death penalty is too costly History of the Death Penalty There was a moratorium on the death penalty between 1972 and 1976 Moratorium: nobody was executed; basically a hold Furman v. Georgia (1972) Ruled that the process used to determine who gets the death penalty was unconstitutional because it was widely arbitrary across the nation depending on the state it varied too greatly Gregg v. Georgia (1976) States reformed the process and instituted the below 3 provisions to uniform the process of the death penalty sentence and therefore the supreme court formally re- allowed executions New provisions Bifurcated process (2 stage process) Stage 1: trial & proof beyond a reasonable doubt Stage 2: determine if the death penalty is warranted in this case Specific guidelines articulated (mitigating and aggravating circumstances) Automatic appeal There was a rise in executions thru the 80s & 90s but theres been such a decline that its likely within the next decade they will stop altogether in practice even if they remain on the books Methods of Execution
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