1. Purposes of Prison Mission statement of Federal Bureau of Prison Mission statement of Federal Bureau of Prison –“to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.” Implies rehabilitation Implies rehabilitation

2. Goals of Incarceration Retribution: taking out society’s vengeance against a defendant Retribution: taking out society’s vengeance against a defendant Rehabilitation: help defendant mend his/her criminal ways and encourage to adopt a lawful lifestyle Rehabilitation: help defendant mend his/her criminal ways and encourage to adopt a lawful lifestyle Deterrence: threat of prison is in place to deter people from committing crimes Deterrence: threat of prison is in place to deter people from committing crimes Punishment: lock up bad people to punish and get off our streets Punishment: lock up bad people to punish and get off our streets Politics: “tough on crime” campaigning gets votes Politics: “tough on crime” campaigning gets votes

3. History of Prison Systems in the United States Can be traced to 2 systems in the 19 th century Can be traced to 2 systems in the 19 th century –New York’s Auburn Prison (1817) –Eastern State Penitentiary @ Cherry Hill (1829) Judge Morris Lasker Judge Morris Lasker –How should society deal w/ people who violate its rules and customs? Punishment and sequestration of the offender in the hope of deterring him and others from committing futher offenses, or… Punishment and sequestration of the offender in the hope of deterring him and others from committing futher offenses, or… Redeeming the prodigal son so that, w/ a new set of values, he will internalize conformity w/ society’s rules. Redeeming the prodigal son so that, w/ a new set of values, he will internalize conformity w/ society’s rules.

4. History of Executions in the U.S. Prior to 19 th Century, hanging was the most common method. Prior to 19 th Century, hanging was the most common method. –Inexpensive and easily carried out –Painful, often taking 20 minutes for death to occur, and often resulted in decapitation Long-drop introduced in late 19 th century. Long-drop introduced in late 19 th century. Hanging later fell out of favor in most jurisdictions. Hanging later fell out of favor in most jurisdictions. –Illegal Lynching-hanging that took place w/out authority permission –Delaware, New Hampshire, and Washington still offer hanging as a method of execution.

5. History of Executions in the U.S. Electrocution Electrocution –New York 1888 –William Kemmler 1 st man executed via electrocution (1890) 1 st man executed via electrocution (1890) Firing Squad Firing Squad –Utah 1854 –Nevada 1911 Lethal Gas Lethal Gas –Nevada 1921 –Seen as an improved method of execution because did not disfigure or mutilate the body.

6. Abolishment of Execution After WWII, many factors contributed to a movement against the death penalty. After WWII, many factors contributed to a movement against the death penalty. –Atrocities witnessed during the war –Civil Rights movement –ACLU and NAACP attempts to appeal death penalty cases –Abolition of death penalty in a number of Western countries –Weakening in public support for the death penalty.

7. Abolishment of Execution Prior to 1920: Prior to 1920: –Wisconsin, Minnesota, and North Dakota abolish death penalty. 1950’s and 1960’s: 1950’s and 1960’s: –10 states abolish death penalty Alaska, Hawaii, Delaware, Oregon, Iowa, Michigan, West Virginia, Vermont, New York, and New Mexico Alaska, Hawaii, Delaware, Oregon, Iowa, Michigan, West Virginia, Vermont, New York, and New Mexico By 1968, executions have ceased. By 1968, executions have ceased.

8. Cruel and Unusual Punishment 1969 – Boykin v. Alabama 1969 – Boykin v. Alabama 1970 – Maxwell v. Bishop 1970 – Maxwell v. Bishop 1971 – People v. Anderson 1971 – People v. Anderson 1972 – Furman v. Georgia 1972 – Furman v. Georgia Reinstatement Reinstatement –After Furman v. Georgia –1976 – 35 states enacted new death penalty statutes –July 2, 1976, Gregg v. Georgia Not Cruel and Unusual

9. Some Federal Capital Crimes Homicide related crimes: Homicide related crimes: –1 st degree murder –Genocide –Retaliatory murder of a member of the immediate family of law enforcement –Murder… Of a Federal judge or law enforcement official Of a Federal judge or law enforcement official During a kidnapping or hostage-taking During a kidnapping or hostage-taking Of a court officer or juror Of a court officer or juror Related to rape or child molestation Related to rape or child molestation Non-homicide crimes: Non-homicide crimes: –Espionage –Treason –Drug trafficking in large quantities

10. Capital Punishment 2001 Stats 15 states and the Federal Government executed 66 prisoners during 2001. 15 states and the Federal Government executed 66 prisoners during 2001. –Under sentence an average of 11yrs and 5 months. –63 men and 3 women –48 whites, 17 blacks, and 1 American Indian –Youngest death row inmate was 19 and oldest was 86. –All lethal injection 3,581 prisoners were on death row 3,581 prisoners were on death row –California (603), Texas (453), Flordia (372), and Pennsylvania (241). –19 prisoners were on Federal death row

11. Capital Punishment 2002 Stats 71 persons executed in 13 states 71 persons executed in 13 states –53 white and 18 black –69 men and 2 women –Lethal injection accounted for 70 of the executions and 1 was carried out by electrocution. 3,557 prisoners on death row 3,557 prisoners on death row –All had committed murder.

12. Capital Punishment 2003 Stats 65 inmates were executed in 11 states and the Federal system 65 inmates were executed in 11 states and the Federal system –41 were white, 20 black, 3 Hispanic, and 1 American Indian –All 65 were men 47 women were on death row, but none executed 47 women were on death row, but none executed Lethal injection accounted for 64 of the executions Lethal injection accounted for 64 of the executions 1 execution was carried out by electrocution. 1 execution was carried out by electrocution. –James Neil Tucker chose electrocution in South Carolina and was executed on May 28, 2004.

13. More Execution Info Last state execution Last state execution –November 4, 2004 –Robert Morrow, white male, age 47 –Crime On April 3, 1996, Morrow abducted and murdered a 21-year old white female. On April 3, 1996, Morrow abducted and murdered a 21-year old white female. –Texas by Lethal Injection –Robert Morrow Robert MorrowRobert Morrow Last federal execution Last federal execution –March 18,2003 –Louis Jones, black male, decorated Gulf War veteran –Crime Kidnap/Murder of young white female soldier, Pvt. Tracie Joy McBride Kidnap/Murder of young white female soldier, Pvt. Tracie Joy McBride Links: Links: –Federal Death Row Prisoners 2004 Federal Death Row Prisoners 2004Federal Death Row Prisoners 2004 –United States Executions 2004 United States Executions 2004United States Executions 2004

14. State Methods of Execution Lethal Injection Lethal Injection –Used my almost all states and also most frequently used method Electrocution Electrocution –Still offered by 9 states as an option Lethal Gas Lethal Gas –Still offered by Arizona, California, Missouri, and Wyoming as an option Hanging Hanging –Still offered by Delaware, New Hampshire, and Washington as an option Firing Squad Firing Squad –Still offered by Idaho, Oklahoma, and Utah as an option

15. Since 1977… Three inmates have been executed by hanging. Three inmates have been executed by hanging. –2 in Washington and 1 in Delaware –The last hanging was in 1996 in Delaware. Two inmates have been executed by firing squad. Two inmates have been executed by firing squad. –Both took place in Utah, and the last was in 1996. Nine inmates have been executed by lethal gas Nine inmates have been executed by lethal gas –The last taking place in North Carolina in 1994.

16. This map shows the various types of execution methods used in the United States. This map shows the various types of execution methods used in the United States.

17. Why is it an Issue? Cost Cost Executions as Entertainment Executions as Entertainment Violence on Television Violence on Television Botched Executions Botched Executions We are Killing in Our Name We are Killing in Our Name Deterrence Deterrence First Amendment Rights First Amendment Rights

18. Both Sides Confused Supporters of death penalty oppose public executions for fear of arousing sympathy, make public forget the crimes commited Supporters of death penalty oppose public executions for fear of arousing sympathy, make public forget the crimes commited Opponents believe the quick TV death would convey that execution is quick,in reality long years of mental anguish spent on death row Opponents believe the quick TV death would convey that execution is quick,in reality long years of mental anguish spent on death row

19. Arguments Against… Cost Cost –Both a financial and emotional cost involved –Financial : Executing an individual costs twice what incarcerating an inmate would, even more if made a media event –Emotional : victims families not only now dragged through court systems, but now must be made to endure increased public exposure

20. Executions as Entertainment Last U.S. public execution in 1920, people crowded + watched Last U.S. public execution in 1920, people crowded + watched An event which people came to watch for fun An event which people came to watch for fun Another example : Roman Gladiators Another example : Roman Gladiators

21. Violence on Television Many studies have been conducted to show the affects of violence on television Many studies have been conducted to show the affects of violence on television Huesmann (1982) Huesmann (1982) –“Children create and store in their memories problem-solving algorithms that are based in part on observation of others’ behavior.”

22. Bobo Doll Study Bandura conducted study, 72 children participated Bandura conducted study, 72 children participated Children placed in room with adult who both physically and verbally abused an inflated Bobo dolls Children placed in room with adult who both physically and verbally abused an inflated Bobo dolls When placed in a room alone, after being frustrated by not being allowed to play with toys, children who observed adults showing violence were much more likely to imitate their actions When placed in a room alone, after being frustrated by not being allowed to play with toys, children who observed adults showing violence were much more likely to imitate their actions Both physical and verbal abuse on the dolls Both physical and verbal abuse on the dolls

23. Teaching Violence Our culture tries to teach our youth that violence is not an answer Our culture tries to teach our youth that violence is not an answer Public executions would show that we approve of meeting violence with violence Public executions would show that we approve of meeting violence with violence Numerous experimental studies, many static observational studies, and a few longitudinal studies all indicate that exposure to dramatic violence on TV is related to violent behavior Numerous experimental studies, many static observational studies, and a few longitudinal studies all indicate that exposure to dramatic violence on TV is related to violent behavior Exposure to violence in mass media could cause both short and long term increases in a child’s aggressive and violent behavior (Berkowitz, Eron) Exposure to violence in mass media could cause both short and long term increases in a child’s aggressive and violent behavior (Berkowitz, Eron)

24. Botched Executions Some believe that executions should not be televised because something may go wrong. Some believe that executions should not be televised because something may go wrong. –April 22, 1983. Alabama. John Evans. After the first jolt of electricity, sparks and flames erupted from the electrode attached to his leg. The electrode then burst from the strap holding it in place and caught on fire. Smoke and sparks came out from under the hood. Two physicians entered the chamber and found a heartbeat. The electrode was reattached to his leg. More smoke and burning flesh. Again doctors found a heartbeat. Ignoring the pleas of Evan's lawyer, Russ Canan (202-292- 7676), a third jolt was applied. The execution took 14 minutes and left Evan's body charred and smoldering.

25. Botched Executions Sept. 2, 1983. Mississippi. Jimmy Lee Gray. Officials had to clear the room eight minutes after the gas was released when Gray's desperate gasps for air repulsed witnesses. His attorney, Dennis Balske of Montgomery, Alabama, criticized state officials for clearing the room when the inmate was still alive. Says David Bruck, "Jimmy Lee Gray died banging his head against a steel pole in the gas chamber while reporters counted his moans (eleven, according to the Associated Press)" Sept. 2, 1983. Mississippi. Jimmy Lee Gray. Officials had to clear the room eight minutes after the gas was released when Gray's desperate gasps for air repulsed witnesses. His attorney, Dennis Balske of Montgomery, Alabama, criticized state officials for clearing the room when the inmate was still alive. Says David Bruck, "Jimmy Lee Gray died banging his head against a steel pole in the gas chamber while reporters counted his moans (eleven, according to the Associated Press)"

26. Botched Executions December 12, 1984. Georgia. Alpha Otis Stephens. After the first jolt of electricity failed to kill him, Stephens struggled for eight minutes before a second charge finished the job. The first jolt took two minutes, and there was a six minute pause so his body could cool before physicians could examine him (and declare that another jolt was needed.) During that six-minute interval, Stephens took 23 breaths. December 12, 1984. Georgia. Alpha Otis Stephens. After the first jolt of electricity failed to kill him, Stephens struggled for eight minutes before a second charge finished the job. The first jolt took two minutes, and there was a six minute pause so his body could cool before physicians could examine him (and declare that another jolt was needed.) During that six-minute interval, Stephens took 23 breaths. March 13, 1985. Texas. Stephen Peter Morin. Had to probe both arms and legs with needles for 45 minutes before they found the vein. March 13, 1985. Texas. Stephen Peter Morin. Had to probe both arms and legs with needles for 45 minutes before they found the vein.

27. Not What You Expect Many family members who watch executions leave feeling let down. Many family members who watch executions leave feeling let down. Executions are now clean, sterile, quick Executions are now clean, sterile, quick As quoted from a grandmother who watched Timothy McVeigh die As quoted from a grandmother who watched Timothy McVeigh die “It was so quick and so sterile and so serene, it left me feeling angry” “It was so quick and so sterile and so serene, it left me feeling angry” Many don’t find the closure which they expect Many don’t find the closure which they expect

28. Well-Publicized Executions Most studies have found no effect in decline of homicides after well publicized executions, while some discover homicides increase after the execution. Most studies have found no effect in decline of homicides after well publicized executions, while some discover homicides increase after the execution. –Known as brutalization effect. Effect of desensitizing people to the immorality of killing, increasing likelihood that some individuals will make decision to kill. Effect of desensitizing people to the immorality of killing, increasing likelihood that some individuals will make decision to kill.

29. Arguments For.. Capital punishment is by nature public. Capital punishment is by nature public. –It is killing by the state. Executions are done in our name. –Public executions allow society to take responsibility and acknowledge this. Capital punishment is now an easily ignored act and just a matter of administration. Capital punishment is now an easily ignored act and just a matter of administration. Let’s us off the hook.

30. Out of sight, out of mind? If the death penalty is legal then why hide it? Why be ashamed? If the death penalty is legal then why hide it? Why be ashamed? –It is the legal and just way society responds to murder. Albert Camus author of Reflections on the Guillotine: Albert Camus author of Reflections on the Guillotine: “One must kill publicly or confess that one does not feel authorized to kill.” “One must kill publicly or confess that one does not feel authorized to kill.”

31. How is it different? It is no worse than what has already been aired: It is no worse than what has already been aired: –Film of JFK assassination –Tape of Jack Kevorkian injection Thomas Youk airing on “60 minutes” in 1998 –Live murder of Lee Harvey Oswald by Jack Ruby on live TV Nov. 24th, 1963

32. Deterrence … The most effective way to promote these are to make the execution public. The most effective way to promote these are to make the execution public. – Maximize the level of deterrence Deterrence is only as good as the degree to which it is publicized. Deterrence is only as good as the degree to which it is publicized.

33. Why the other side advocates publicity… Opponents of the death penalty support public executions and believe that if it were made public it would not survive. Opponents of the death penalty support public executions and believe that if it were made public it would not survive. It would force the system to justify each execution if done publicly. It would force the system to justify each execution if done publicly. –Must weigh out and evaluate every aspect Done both by the public and administration Done both by the public and administration

34. It would raise questions regarding the merit and terms of the death penalty: It would raise questions regarding the merit and terms of the death penalty: –Why is a black man who kills a white man executed more often? Before America decided to abolish it, the death penalty would become more humane. Before America decided to abolish it, the death penalty would become more humane. –Authorities could not afford a botched execution.

35. First Amendment Issues It is the public’s right to know governmental proceedings, especially executions. It is the public’s right to know governmental proceedings, especially executions. –Capital punishment is the most severe form of punishment in our laws. American’s can make up their mind on the capital punishment if given real knowledge and evidence. (Understand true workings of capital punishment) American’s can make up their mind on the capital punishment if given real knowledge and evidence. (Understand true workings of capital punishment) –This freedom of information keeps democracies healthy. This is why the First Amendment is so important. This is why the First Amendment is so important. Media discrimination: pen/paper vs. camera Media discrimination: pen/paper vs. camera

36. U.S. Court of Appeals for the Ninth Circuit (2002) The court struck down a Californian administrative rule which forbids the public viewing of the initial process of an execution. (California First Amendment Coalition v. Woodford) The court struck down a Californian administrative rule which forbids the public viewing of the initial process of an execution. (California First Amendment Coalition v. Woodford) The court ruled that the First Amendment right which allows access to governmental proceedings outweighs the state’s concern for the security of the execution staff. The court ruled that the First Amendment right which allows access to governmental proceedings outweighs the state’s concern for the security of the execution staff.

37. Two Rationales: First Rational: Eighth Amendment (Cruel & Unusual Punishment) interpretation: Eighth Amendment (Cruel & Unusual Punishment) interpretation: –The constitutionality for the death penalty depends on whether or not it is in accordance with… “the evolving standards of decency which mark the progress of a maturing society” “the evolving standards of decency which mark the progress of a maturing society” Therefore, citizens must evaluate whether or not lethal injection (for example) is a “standard of decency.” Therefore, citizens must evaluate whether or not lethal injection (for example) is a “standard of decency.”

38. In order to do this, the court stated that citizens must have full access to the process and method of the death penalty. In order to do this, the court stated that citizens must have full access to the process and method of the death penalty. –Allows citizens to make a meaningful assessment which in turn the courts can rely on to interpret the Eighth Amendment. Second Rationale: Second Rationale: Public viewing promotes a communal expression of moral outrage. Public viewing promotes a communal expression of moral outrage.

39. Our Position We believe that executions should be televised based on the fact that if we, as America, continue to use the death penalty we should not feel ashamed and hide the act from the public eye. We believe that executions should be televised based on the fact that if we, as America, continue to use the death penalty we should not feel ashamed and hide the act from the public eye.

40. Resources www.ojp.usjoj.gov www.ojp.usjoj.gov www.ojp.usjoj.gov www.fcc.state.fl.us./fcc/reports/methods/emushist. html www.fcc.state.fl.us./fcc/reports/methods/emushist. html www.fcc.state.fl.us./fcc/reports/methods/emushist. html www.fcc.state.fl.us./fcc/reports/methods/emushist. html www.deathpenaltyinfo.org www.deathpenaltyinfo.org www.deathpenaltyinfo.org http://usgovinfo.about.com http://usgovinfo.about.com http://usgovinfo.about.com www.nolo.com/lawcenter.com www.nolo.com/lawcenter.com www.nolo.com/lawcenter.com www.penalrehab.org www.penalrehab.org www.penalrehab.org http://people.howstuffworks.com/lethal- injection5.htm http://people.howstuffworks.com/lethal- injection5.htm http://people.howstuffworks.com/lethal- injection5.htm http://people.howstuffworks.com/lethal- injection5.htm Bureau of Justice Statistics Bulletin - Capital Punishment 2001, 2002, and 2003 Bureau of Justice Statistics Bulletin - Capital Punishment 2001, 2002, and 2003