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Criminal Justice. WHAT ARE YOUR FAVORITE MOVIES, TV SHOWS, MUSIC?

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Presentation on theme: "Criminal Justice. WHAT ARE YOUR FAVORITE MOVIES, TV SHOWS, MUSIC?"— Presentation transcript:

1 Criminal Justice

2 WHAT ARE YOUR FAVORITE MOVIES, TV SHOWS, MUSIC?

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7 AS A SOCIETY WHY ARE WE SO FASCINATED BY CRIME? 1.Most of our lives are very mundane and boring 2.It is normal psychology to want to know WHY?. 3.Society seeks justice 4.Want to be prepared in case the same thing happens to you. 5.Media hype. Would we be as fascinated if we didn’t see it all of the time? 6.Makes people feel good about themselves

8 MEDIA OUTLETS ARE AN EXCELLENT RESOURCE FOR THE STUDY OF CRIME AND CRIMINAL JUSTICE… EVERYDAY EVENTS

9 Criminal Law Criminal Procedure Criminal Justice Criminology What is crime?

10 MASSACHUSETTS TOWN PASSES NO SWEARING ORDINANCE, $20 FINE Interestingly enough, this new law decriminalizes another one. There has been a cursing law on the books since 1968, but has been hard to enforce. Instead of treating profanity as a criminal offense, it'll now be treated as a ticketed offense.

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13 IT IS ILLEGAL TO GIVE BEER TO SOMEONE IN THE HOSPITAL. Section 5. Whoever, except under the direction of a physician, gives, sells or delivers alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or a narcotic drug to a patient in any hospital who is suffering from inebriety or from the effect of inebriety, or from excessive use of narcotic drugs or from the effect of such use, and whoever has in his possession within the precincts of any hospital any such beverage or drug with intent to convey or deliver it to any such patient, except under direction as aforesaid, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than two months.

14 One may not sell or distribute bottled water in Concord, MA. « Back to the Laws Full Text of the Law The bottled water bylaw passed at this year’s Town Meeting bans the sale of non- sparkling, unflavored drinking water in single-serving polyethylene terephthalate (PET) bottles of 1 liter (34 ounces) or less in Concord on or after Jan. 1, 2013. It provides for an exemption in the case of emergencies, outlines an enforcement process and also allows for a process to suspend the bylaw if necessary.

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16 Law Summary It is illegal to sell your eye? « Back to the Laws Full Text of the Law � 48.02. Prohibition of the Purchase and Sale of Human Organs (a) "Human organ" means the human kidney, liver, heart, lung, pancreas, eye, bone, skin, fetal tissue, or any other human organ or tissue, but does not include hair or blood, blood components (including plasma), blood derivatives, or blood reagents. (b) A person commits an offense if he or she knowingly or intentionally offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human organ for valuable consideration. (c) It is an exception to the application of this section that the valuable consideration is: (1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services; (2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the organ; or (3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ. (d) A violation of this section is a Class A misdemeanor. Added by Acts 1985, 69th Leg., ch. 40, � 1, eff. Aug. 26, 1985. Amended by Acts 1993, 73rd Leg., ch. 900, � 1.01, eff. Sept. 1, 1994.

17 Man charged with selling teen girl fake bag of pot LAKEHURST, N.J., Jan. 24 (UPI) -- A 22-year-old New Jersey man accused of selling a teenager a bag of Rice Krispies and oregano was charged with distribution of imitation marijuana.Lakehurst police Sgt. Ron Heinzman said Richard Erving of Lakehurst was arrested after a 17-year-old girl confessed to her mother that she had spent $210 on a plastic bag that was supposed to contain half an ounce of marijuana, the Asbury Park (N.J.) Press reported Friday. Heinzman said police were called to Erving's home on a report of a disturbance when the girl brought her mother back to the residence. The spokesman said police recovered the $210 and Erving admitted to officers that he sold the fake bag of pot to the teenager. Erving was arrested and released on a summons for distribution of fake marijua na. The 17- year-old girl was charged with a drug offense and released into her mother's custody.

18 Massachusetts Property Owners Now Have Legal Responsibility To Shovel and Treat Snow and Ice

19 When two trains meet each other at a railroad crossing, each shall come to a full stop, and neither shall proceed until the other has gone. TEXAS

20 Clarendon, FL It is illegal to dust any public building with a feather duster.

21 Marlborough, MA One may not detonate a nuclear device in the city.

22 IS THIS A CRIME? A mother who leaves her two-year- old child alone in the house in order to go out to a bar and have a good time comes home to find her two year old has fallen out of the crib and hit his head. The woman calls 911 and the child is pronounced dead at the hospital.

23 IS THIS A CRIME? A nurse in a nursing home forgets to feed a patient that cannot feed himself, causing the patient to starve to death.

24 LAWS NEED TO REPRESENT THE CURRENT ERA AND THE SOCIETY THEY INTEND TO PROTECT. Decide: Where does the criminal act occur and how to punish the offense…?

25 MORALITY LAWS: THE RULES OF BEHAVIOR AN INDIVIDUAL OR A GROUP MAY FOLLOW OUT OF PERSONAL CONSCIENCE. Prostitution Drug use Capital punishment Euthanasia Abortion Children…?

26 Individuals sue one another Seek compensation, usually in form of PROPERTY OR MONEY Actions result in injuries to individual. Tort: wrongful act Plaintiff v. Defendant State prosecutes an individual Seek to PUNISH offender action results in an injury to society, public order is compromised. THE LAW Criminal Case v Civil Case:

27 PART I OFFENSES Murder Rape Robbery Aggravated assault Burglary Larceny –theft Motor vehicle theft arson

28 CRIMINAL LAW Defining crime… what are the standards for human behavior? Laws are contained in statutes, ordinances, enacted by federal, state, county and city governments. Religious rights v Criminal law CONTINUALLY CHANGING TO MEET THE NEEDS OF SOCIETY. Examples Rape laws (marital and date), marijuana, homosexuality…

29 WHAT IS A CRIMINAL ACT? : An illegal act punishable upon conviction. Who decides what constitutes a criminal act? 1.Society: What is important to them? What will keep them safe? Laws vary state to state, town to town. EXAMPLES…? 2.Legislature: proposes and passes laws in Congress. 3.Judgment by Courts: Case law and common law

30 INDIVIDUAL FREEDOM V SAFETY Clarence Thomas

31 Case Law: Decisions by judges in earlier cases, precedent. Case law is a Judge based decision. Common law: unwritten body of judicial opinion The U.S. depends on written statutes and codes

32 Tennessee judge rules infant's name must be changed from 'Messiah' Published August 11, 2013 Associated Press NEWPORT, Tenn. – A judge in Tennessee changed a 7-month-old boy's name to Martin from Messiah, saying the religious name was earned by one person and "that one person is Jesus Christ."

33 Q & A What if the criminal found a loophole in the United States Codes and Statutes, should the courts be allowed to recognize or create a new crime?

34 Federal laws and some state laws are in place to require criminal background checks and detailed record-keeping relating to the purchase of firearms. 'Gun Show Loophole' RESULTS A criminal who wants to purchase a gun can. Simply by travelling to a state with no regulations regarding gun sales at gun shows a criminal can, presumably obtain a gun for whatever purpose.

35 MEXICO STORY: LAKE VICTORIA

36 Printable weapons

37 JOHN STOSSEL: IS EVERYTHING ILLEGAL? https://www.youtube.com/watch?v=nBiJB8YuDBQ

38 CRIME RATES IN AMERICA:

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40 All others Manslaughter Rape Sodomy Mayhem Robbery Arson Burglary Larceny CLASSIFICATION OF OFFENSES 1. Felonies 2. Misdemeanors Massachusetts General Laws Chapter 274: Section 1 states: "A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors."

41 PART I OFFENSES Murder Rape Robbery Aggravated assault Burglary Larceny –theft Motor vehicle theft arson

42 Single greatest criminal offense ever perpetrated on U.S. soil List crimes Murder Kidnapping Hijacking Grand theft Felonious assault Battery Conspiracy Arson

43 CRIMINOLOGY : STUDY OF CRIME. EXAMPLES : WHY DO PEOPLE BECOME CRIMINALS? HOW CAN CRIME BE REDUCED ? HOW SERIOUS IS OUR CRIME PROBLEM

44 CRIMINAL PROCEDURE :THE RULES FOR PROCESSING SOMEONE THROUGH THE CRIMINAL JUSTICE SYSTEM. Steps taken and the decisions made during the investigation, accusation, trial, verdict and sentencing of a criminal defendant Protects defendants from being falsely accused (U.S. Constitution) 1.Due process of law 2.Unreasonable search and seizures 3.Cruel and unusual punishment

45 CRIMINAL JUSTICE…? Fairness Security Rights in a free society

46 ELEMENTS OF A CRIME 1.Actus Reus: guilty act. EXAMPLES: ??? 2.Mens Rea: guilty mind. Intent. EXAMPLES…? 3. Concurrence of act and intent. 4. Causation: actions must cause harmful results

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48 CRIMINAL INTENT: 1.Specific: committed the act on purpose and knew what the results would be in the end. the aim of an act is to achieve some specific result Example: theft 2.General: knew a harmful result would occur or disregarded the fact Examples: rape, battery, kidnapping, false imprisonment. general intent crimes is where the intent is to do an act, not achieve some distinct result. 3. criminal negligence : unintentional result but with extreme lack of care. Example: Accidental discharge of a firearm. 4. strict liability: no mental state is required. Any person committing this act is responsible. Example, bigamy, traffic laws, statutory rape

49 NAME THIS INTENT!! Ron is pulled over and given a ticket for an expired safety inspection sticker. Arthur is pretending to be a Samurai, swinging a blade around his head and around his back. The blade became slippery and slipped from his hands. The blade impaled his friend’s leg.

50 MENS REA = CRIMINAL INTENT NAME THE INTENTS FOR THE FOLLOWING CRIMES Bill and Lynn are juniors at State Community College and have been dating for two years. They just recently moved into the same house and decided to throw a party on Friday after school. All their friends and many other students come to the party. There’s a lot of drinking involved and many people began to act out. Later in the evening, Bill walks down into the basement and finds Lynn kissing another male student called Rob. Bill is completely shocked and yells at Rob to get off of Lynn. Lynn then tells Bill that she has been "seeing" Rob for about three months and doesn’t want to date Bill anymore. Lynn tells Bill that she is going to move her stuff out of the house tomorrow. Bill becomes extremely upset and punches the wall with his fist about six feet away from where Rob is sitting. Bill then yells at both Rob and Lynn to get the "hell out of my house." Bill opens the back door and Lynn walks out onto the patio. Then, Bill pushes Rob out of the door. Rob stumbles out onto the patio, loses his balance, and trips down the stairs landing on his head. Rob is knocked unconscious. Someone from the party calls 911 and Rob is rushed to the emergency room. Rob later dies in the hospital due to the combination of his head injury and a prior heart condition that he had which no one knew about. Both Rob and Bill drank about 8-10 beers each that night and were drunk when this event occurred.

51 INTENT? John decides to burglarize the home of his former landlord, Alex. The following morning Alex leaves for work and John enters the home through a broken window. John is able to take a laptop, some jewelry, and a gun. John is arrested as he tries to pawn the gun and is charged with burglary.

52 INTENT? Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, accidentally hitting and killing a pedestrian. -

53 INTENT? John puts his name in the will of his uncle to get his uncle’s house upon his uncle’s death, without the consent of his uncle, John is arrested for forgery.

54 INTENT? Jocelyn, 21 heads to the liquor store to grab a case of beer. She pulls into the parking lot and is approached by a few kids she knew in high school, both were 20. They ask Jocelyn to grab them a case of beer as well, she agrees. When Jocelyn walks outside and gives her friends the beer she is arrested by an undercover police officer for providing alcohol to minors.

55 INTENT? The defendant was a landlady of a house let to tenants. She retained one room in the house for herself and visited occasionally to collect the rent and letters. While she was absent the police searched the house and found cannabis

56 ESSENTIAL QUESTION: What constitutes murder and how are the various homicide charges determined?

57 WHICH CRIMES SHOULD RECEIVE THE DEATH PENALTY? Ronald Lee Wolfe Age: 34 Crime: Three days after being released from the Federal Prison in Atlanta, Georgia, Wolfe lured an eight year old girl from a church picnic in Troy, Missouri and brutally raped her. Execution Date: May 8th, 1964 Noted Details: Wolfe is buried in Longview Cemetery in Jefferson City, Missouri. Last Meal: None mentioned.

58 PATRICK KENNEDY Kennedy v. Louisiana The U.S. Supreme Court struck down as unconstitutional the Louisiana statute that allowed the death penalty for the rape of a child where the victim did not die. In Kennedy v. Louisiana, the Court held that all such laws, where the crime was against an individual and no murder was committed, were contrary to the national consensus restricting the death penalty to the worst offenses. New sentence: life

59 MURDER Unlawful killing of a human being with malice aforethought (intent). Malice aforethought: The conscious intent to cause death or great bodily harm to another person before a person commits the crime.

60 Actual intention = meant to do it, desired the criminal result Implied intention = intended to cause bodily harm and should have known it would lead to death. Examples: BTK Hockey Dad ImpliedActual

61 MURDER Who is committing the crime? Young adults between the ages of 20 and 24 were the most likely to be murdered and the most likely to be the perpetrators. Only 12% committed by strangers How? Firearms most commonly used weapon. In 2010 67.5% of all killings were done with a gun. Why? Arguments result in 41.8%... The typical mass murderer is extraordinarily ordinary. --James Alan Fox

62 DEGREES OF HOMICIDE First degree murder Second degree murder Felony murder Voluntary manslaughter Involuntary manslaughter Vehicular homicide

63 FIRST DEGREE HOMICIDE Deliberate and premeditated killing done with malice aforethought. Cold blooded… Done with a cool mind.

64 FELONY MURDER Killing done in the process of committing a felony. Robbery, arson, rape, burglary, sodomy, and escaping from jail; considered first degree murder…all others classified as second degree; i.e. assault. federal statutes include: terrorism, kidnapping, and carjacking

65 Sherry West, said she was walking home from the post office with her son in the stroller In the morning. A man produced a gun, demanded her purse. When West replied that she did not have any money the man fired a warning shot and then proceeded to shoot West in the leg and the baby between the eyes Elkins: 17 years old at the time of the murder, too young to qualify for the death penalty Intent? Charge?

66 SECOND DEGREE Done with malice aforethought but without deliberation or premeditation. Intentional but not planned For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

67 Second degree needs to demonstrate the perpetrators depraved indifference to human life. Example: Adam grabs a shovel and hits Bill on the head with all his strength. Adam didn't explicitly intend to kill Bill when he hit him, but he did intend to hit him with the shovel, and he knew that such a blow to the head carried with it a distinct possibility of death. Adams killing of Bill in this instance also constitutes second degree murder.

68 Adam grabbed his gun and fired in anger into a crowd of onlookers. Adam didn't necessarily mean to kill anyone, but also didn't give any thought to the harm that his actions could cause in the crowd. This demonstrates Adams depraved indifference to human life. If one of Adams bullets struck and killed anyone in the crowd, then Adam has probably committed second degree murder. Depraved indifference Example

69 Voluntary manslaughter– close to murder in that there was intent to kill, but there was also provocation (crime in the heat of passion)

70 Voluntary Manslaughter For example, if Adam sees a perfect stranger, Bob, desecrating a religious monument and flies into a rage during which he kills Bob, the state would likely charge Adam with voluntary manslaughter, not murder. If, on the other hand, Adam had a long- standing, uncontrollable hatred for Bob because of his criticism of Adams faith, and Adam hid and waited for Bob to desecrate the monument with the intent kill Bob, then the state would most likely bring a murder charge against Adam.

71 INVOLUNTARY MANSLAUGHTER Unintended killing that takes place during the commission of a misdemeanor OR Killing caused by criminal negligence

72 Elements of the Offense Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter: 1.Someone was killed as a result of act by the defendant. 2. The act either was inherently dangerous to others or done with reckless disregard for human life. 3. The defendant knew or should have known his or her conduct was a threat to the lives of others. -

73 VEHICULAR HOMICIDE Killings done when the driver is criminally negligent

74 ASSISTED SUICIDE…? The Supreme Court has determined that no right exists for physician-assisted suicide. However, states are free to enact laws to permit it. Those government interests include: 1.To preserve life 2.To prevent suicide 3.To avoid the involvement of third parties and the use of arbitrary, unfair, or undue influence 4.To protect the integrity of the medical profession 5.To avoid future movement toward euthanasia and other abuses

75 ASSISTED SUICIDE LAWS STATE BY STATE Currently, 34 STATES have statutes explicitly criminalizing assisted suicide : Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Wisconsin NINE states criminalize assisted suicide through common law: Alabama, Idaho, Maryland, Massachusetts, Michigan, Nevada, South Carolina, Vermont, West Virginia THREE states have abolished the common law of crimes and do not have statutes criminalizing assisted suicide : North Carolina, Utah, Wyoming In Ohio, that state's supreme court ruled in October 1996 that assisted suicide is not a crime. In Virginia, there is no real clear case law on assisted suicide, nor is there is a statute criminalizing the act, although there is a statute which imposes civil sanctions on persons assisting in a suicide. Only the states of Oregon and Washington permit physician-assisted suicide. Source: Associated Press.Provided by Infonet List is a daily compilation of pro-life news and educational information

76 "I will follow that method of treatment, which, according to my ability and judgment, I consider for the benefit of my patients, and abstain from whatever is deleterious and mischievous. I will give no deadly medicine to anyone if asked, nor suggest any such counsel. Physician-assisted suicide is fundamentally incompatible with the physician's role as healer, would be difficult or impossible to control, and would pose serious societal risks."

77 LEGAL Passive euthanasia include turning off respirators, stopping medication, discontinuing food and water, or failing to resuscitate.

78 Serial Murder: The unlawful killing of three or more victims by the same offender(s), in separate events. Definition used by FBI

79 Six characteristics in his definition of serial murder: (1)There are a minimum of four murders; (2) the killer and victim are unrelated; (3) the murders have no direct connection to each other and occur at different times; (4) the murders usually occur at different locations; (5) victims may have characteristics in common with earlier or later victims; and (6) the murders are not committed for material gain but for gratification based on fantasies. SERIAL KILLERS

80 MYTH: SERIAL KILLERS ARE ALL DYSFUNCTIONAL LONERS. The majority of serial killers are not reclusive, social misfits who live alone. They are not monsters and may not appear strange. Many serial killers hide in plain sight within their communities. Serial murderers often have families and homes, are gainfully employed, and appear to be normal members of the community. Because many serial murderers can blend in so effortlessly, they are oftentimes overlooked by law enforcement and the public.

81 MYTH: SERIAL KILLERS ARE ALL WHITE MALES. Contrary to popular belief, serial killers span all racial groups. There are white, African-American, Hispanic, and Asian serial killers. The racial diversification of serial killers generally mirrors that of the overall U.S. population.

82 MYTH: ALL SERIAL MURDERERS TRAVEL AND OPERATE INTERSTATE. Most serial killers have very defined geographic areas of operation. They conduct their killings within comfort zones that are often defined by an anchor point (e.g. place of residence, employment, or residence of a relative).

83 MYTH: SERIAL KILLERS CANNOT STOP KILLING. It has been widely believed that once serial killers start killing, they cannot stop. There are, however, some serial killers who stop murdering altogether before being caught. In these instances, there are events or circumstances in offenders’ lives that inhibit them from pursuing more victims

84 MYTH: ALL SERIAL KILLERS ARE INSANE OR ARE EVIL GENIUSES. As a group, serial killers suffer from a variety of personality disorders, including psychopathy, anti-social personality, and others. Most, however, are not adjudicated as insane under the law.

85 MYTH: SERIAL KILLERS WANT TO GET CAUGHT. Offenders committing a crime for the first time are inexperienced. They gain experience and confidence with each new offense, eventually succeeding with few mistakes or problems.

86 LETTER FROM JACK THE RIPPER Dear Boss I keep on hearing the police have caught me but they wont fix me just yet. I have laughed when they look so clever and talk about being on the right track. That joke about Leather Apron gave me real fits. I am down on whores and I shant quit ripping them till I do get buckled. Grand work the last job was. I gave the lady no time to squeal. How can they catch me now. I love my work and want to start again. You will soon hear of me with my funny little games. I saved some of the proper red stuff in a ginger beer bottle over the last job to write with but it went thick like glue and I cant use it. Red ink is fit enough I hope ha. ha. The next job I do I shall clip the ladys ears off and send to the police officers just for jolly wouldn’t you. Keep this letter back till I do a bit more work, then give it out straight. My knife’s so nice and sharp I want to get to work right away if I get a chance. Good luck. Yours truly Jack the Ripper

87 CAPITAL PUNISHMENT : CRIMINAL IS EXECUTED FOR HIS/HER CRIME AGAINST SOCIETY. Almost exclusively used in first degree and felony murder cases Although no one is on death row for the following crimes, capital offenses exist in state law for various other crimes: a. Treason (Arkansas, Calif., Colorado, Georgia, Illinois, Louisiana, Mississippi, Missouri, Washington) b. Aggravated kidnapping (Co., Idaho, Il., Missouri, Mont.) c. Drug trafficking (Fl., Missouri) d. Aircraft hijacking (Ga., Mo.) e. Placing a bomb near a bus terminal (Mo.) f. Espionage (New Mexico) g. Aggravated assault by incarcerated, persistent felons, or murderers (Mont.) h. rape of a child

88 Mitigating circumstances: circumstances that reduce criminal responsibility. EXAMPLES: cooperation with authorities, surrender, good character, Aggravating circumstances: circumstances relating to the commission of the crime that make it more grave than the average instance of of that crime

89 THE UNITED STATES IS RESPONSIBLE FOR 97% OF THE WORLD’S STATE SANCTIONED EXECUTIONS

90 8 TH AMENDMENT Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Is Capital Punishment cruel and unusual punishment?

91 Methods: Hanging, poison gas, lethal injection, firing squad, electrocution

92 THE APPLICATION OF THE DEATH PENALTY IN THE UNITED STATES. Using the Execution Lists from 2012-2015, identify 10 capital punishment trends in the United

93 FEDERAL CAPITAL PUNISHMENT CRIMES Federal capital statutes for non-murder crimes (no one on death row for such offenses) A. Espionage (18 U.S.C. 794) B. Treason (18 U.S.C. 2381) C. Trafficking in large quantities of drugs (18 U.S.C. 3591(b)) D. Attempting, authorizing or advising the killing of any officer, juror, or witness in cases involving a Continuing E. Criminal Enterprise, regardless of whether such killing actually occurs (18 U.S.C. 3591(b)(2))

94 7. ALABAMA…56 2015= 0 Top seven states that have utilized the death penalty since 1976

95 6. GEORGIA: TOTAL 58 2015: 3

96 5. MISSOURI…86 2015=6

97 4. FLORIDA… 90 2015= 1

98 3. Virginia… 111 2015=1

99 2. Oklahoma…112 2015=1

100 1. TEXAS…528 2015 = 10

101 DO YOU SUPPORT THE DEATH PENALTY FOR A PERSON CONVICTED OF MURDER?

102 Gleason said he only requested death in order to keep a promise to a loved one that he wouldn't kill again. He said doing so would allow him to teach his children, including two young sons, what could happen if they followed in his footsteps. "I wasn't there as a father and I'm hoping that I can do one last good thing," he said previously. "Hopefully, this is a good thing." Gleason had fought last-minute attempts by former attorneys to block the scheduled execution. E EXECUTED: January 16, 2013

103 McCarthy, a former cocaine addict, was convicted of killing her 71-year-old neighbor during a 1997 robbery. She was found guilty of using a butcher knife and a candelabra to beat and stab retired college professor Dorothy Booth. Using the same knife, she severed Booth's finger to steal her wedding ring. McCarthy was granted a retrial by an appeals court in 2002 on the ground that police had obtained her confession illegally, but she was sentenced to death row again. EXECUTED: June 26, 2013

104 KARLA FAYE TUCKER Executed February 3, 1998

105 SHOULD THESE TWO RECEIVE THE DEATH PENALTY? h

106 Hill was sentenced to death for the 1990 beating death of a fellow inmate. At the time, Hill was serving a life sentence for murder in the 1986 death of his girlfriend Myra Wright. Hill’s attorneys have argued their client should be spared from the death chamber because he is mentally disabled, a claim the Georgia Supreme Court has rejected. Georgia law requires defendants to prove their mental disability beyond a reasonable doubt — which Hill’s attorneys say is impossible ATLANTA -- The Supreme Court of Georgia has unanimously agreed to hear an appeal that stopped the execution of a death row inmate

107 FURMAN V GEORGIA 1972: The death Penalty, as Georgia was implementing it, was inconsistent and therefore unconstitutional. capital punishment lacked uniformity throughout individual – State:

108 USSC VERDICT: GEORGIA V. FURMAN Verdict Delivered: The Supreme Court overturned Furman’s execution, stating that unless a uniform and unwavering policy of determination for the eligibility to undergo capital punishment exists, the death penalty is to be considered as ‘cruel and unusual’ punishment; as a result of this finding, the death penalty was deemed to be illegal within the United States until 1976: Dissent: "most assuredly does not speak to the power of legislatures to confer sentencing discretion on juries."

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110 COKER V GEORGIA 1977 The Argument: Is the imposition of the death penalty for rape unconstitutional? Does it violate the Eighth Amendment…Excessive bail shall not be required nor excessive fines imposed The Decision: “A punishment is ‘excessive’ and unconstitutional if it (1) makes no measurable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering; or (2) is grossly out of proportion to the severity of the crime.”

111 FORD V WAINWRIGHT Ford was sentenced to death in Florida in 1982. As his incarceration continued Ford began to show signs of mental illness. His attorneys petitioned the court to evaluate Ford’s competency and his ability to understand why he is being punished and what will eventually happen to him. The Decision: the Eighth Amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane and not aware of his impending execution The Decision

112 BUT… if an inmate's mental competency has been restored, he or she can then be executed. Inmates who are mentally ill, but not insane, have no such exemption.

113 WHICH GROUPS ARE MOST LIKELY TO SUPPORT THE DEATH PENALTY?

114 HOW CAN WE PROTECT OURSELVES IN THE FUTURE?

115 INDIVIDUAL FREEDOM V SAFETY Clarence Thomas

116 PATRIOT ACT Goal intercept and obstruct terrorist activity Roving wiretaps, fewer restrictions on investigation

117 EDWARD SNOWDEN Crimes: espionage, theft, and "conversion of government property”


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