1. The International Use of the Death Penalty: With an Emphasis on the United States Harry R. Dammer Chair, Criminal Justice Dept. University of Scranton Visiting Fulbright--Bochum, Germany June 2009

2. Goals of Presentation: Current overview of international use of the Death Penalty Overview of use of Death Penalty in the United States, including:  Brief History of Death Penalty in USA  Public Opinion about Death Penalty  Major Steps of Legal Process  Current Issues Related to Death Penalty

3. International Use of the Death Penalty In 2008, at least 2,390 people were known to have been executed in 25 countries and at least 8,864 people were sentenced to death in 52 countries around the world. Five countries with the highest number of executions in 2008 were China, Iran, Saudi Arabia, Pakistan and the United States of America. They account for 93 percent of total. Source: Amnesty International, April 2008

4. Recent Methods of Execution Beheading (Saudi Arabia) Hanging (Bangladesh, Botswana, Egypt, Iran, Iraq, Japan, Malaysia, Pakistan, St. Kitts & Nevis, Singapore, Sudan) Shooting (Afghanistan, Belarus, China, Indonesia, Iran, Mongolia, Viet Nam) Lethal injection (China, USA) Stoning (Iran) Electrocution (USA)

5. China Said to execute three times as many as all other countries combined. Moved in 2006 to reduce DP through new policies:  Appeals in all DP cases must be heard in open court with oral arguments allowed by defense attorneys  Lethal injections to replace shootings  Final approval must be reviewed by high court

6. Movement Towards Abolition?? Began in 1800’s with Age of Reason and writings by Montesquieu, Voltarie, Bentham Venezuela first to full abandon in 1863 Most recent Argentina and Uzbekistan in 2008 International Organizations have repeated moved to reduce or abolish use of Death Penalty since founding of United Nations in 1948– most recent in 2007 when UN General Assembly called for moratorium with a goal of abolishing Death Penalty Juvenile Abolition in almost all countries minus 4.

7. More on Abolition More than two-thirds of the countries in the world have now abolished the death penalty in law or practice. The numbers are as follows: Abolitionist for all crimes: 92 Abolitionist for ordinary crimes only: 10 Abolitionist in practice: 36 Total abolitionist in law or practice: 138 Retentionist: 59

8. Countries with Executions 1980-2007 Source: http://www.amnesty.org/en/death-penalty#paneltabs-2

9. Why countries have moved to abolish DP? Evolution towards a more humane/civil society Supports movement away from retribution and towards unemotional solutions to social problems Growth of “International Community” concept No evidence that it works (Hood, 2002) Many feel it is a major step towards racial peace and social healing Examples: Haiti, Chile, Nicaragua, Romania, South Africa

10. History of Death Penalty in USA At least 18,800 executed since year 1608 Used widely in 18 th and 19 th centuries Early 20 th also common (3,800 between 1930 and 1967). Abolished between 1967 and 1977

11. More on USA and Death Penalty… From 1977 to present: Total of 1156 with high of 98 in 1999 (35 just in TX) Slow decline since 1999 with “only” 20 in ’07 3309 remain on Death Row 35 of 50 States and Federal Government (60 different crimes) legally have the death penalty

12. Why USA refuses to abolish?? High violent crime rate Long History of and high tolerance for violence Poor race relations And most important… Crime policy driven by politics. People want it!

13. Public Opinion on Death Penalty What do American people think about about DP? 2007 Gallup Poll says: 1. 69% of Americans were in favor of DP 2. But, number drops to 47% if given option of life without parole. 3. 63% believe that innocent people have been executed in recent years. 4. 64% believe DP is not a deterrent for murder 5. Yet, 51% feel DP is not used enough 6. Over 90% believe DNA should be used if possible

14. Views of DP over Seventy Years

15. Impact of USA refusal to Abolish Loss of respect in International community Loss of cooperation in fight against Transnational crimes like terrorism, drug trafficking Loss of fugitives from USA to non-DP countries Reverses trend in international law making Shows lack of respect for international law by USA

16. Death Penalty Process The legal administration of the death penalty in the United States is complex. It may be slightly different across the 50 states and in the Federal system. Typically, it involves these critical steps: 1. Sentencing: Two levels 2. Direct Review to State or Federal Courts 3. State Collateral Review 4. Federal Habeas Corpus review 5. Section 1983 Challenge: Civil Rights violated? 6. Clemency or pardon

17. Current Issues Related to the Death Penalty in USA Death penalty and legal innocence Death penalty and discrimination Death Penalty and costs Expansion of Death Penalty

18. Death Penalty and Legal Innocence Since 1973, 130 prisoners released from death row after evidence proved their innocence. Around 15 were from DNA testing* States have moved to include DNA testing whenever DP is used if possible *Overall 213 DNA exonerations for all criminal offenses since 1973

19. Death Penalty and Discrimination Percentage of blacks on Death Row equal to number in prison, and to those who commit capital offenses But as to victims there is evidence of discriminatory pattern—white victims killed by blacks are more likely to incur DP

20. Costs of Death Penalty California: Report of the California Commission on the Fair Administration of Justice “The additional cost of confining an inmate to death row, as compared to the maximum security prisons where those sentenced to life without possibility of parole ordinarily serve their sentences, is $90,000 per year per inmate. With California’s current death row population of 670, that accounts for $63.3 million annually.” Using conservative rough projections, the Commission estimates the annual costs of the present (death penalty) system to be $137 million per year. The cost of the present system with reforms recommended by the Commission to ensure a fair process would be $232.7 million per year. The cost of a system in which the number of death-eligible crimes was significantly narrowed would be $130 million per year. The cost of a system which imposes a maximum penalty of lifetime incarceration instead of the death penalty would be $11.5 million per year. Source: Commission on the Fair Administration of Justice, June 30, 2008.Commission on the Fair Administration of Justice

21. Expansion of the Death Penalty Federal Gov. has expanded for Terrorism related crimes since 1994. Over 60 crimes now incur DP Including “military crimes” (Example: 6 inmates in Guantanamo). Some states have moved to expand the DP to other crimes such as death by abuse, rape against minors, or mandatory for killing a police officer. In 2008 (Kennedy vs. Louisiana) the Supreme Court ruled against DP for raping a minor.

22. Other Sources of Information: Hood, R. The Death Penalty: A World Wide Perspective. 3 rd edition, Oxford: Clarendon Press, (2002). Banner, S. The Death Penalty. Cambridge: Harvard University Press, (2002) Death Penalty Information Center at http://www.deathpenaltyinfo.org/ Amnesty International at http://www.amnesty.org/en/death-penalty DPIC report: Millions Misspent: What Politicians Don't Say About the High Costs of the Death Penalty (updated version, 1994)Millions Misspent: What Politicians Don't Say About the High Costs of the Death Penalty

23. Any Comments or questions contact Harry Dammer at dammerh2@scranton.edu

24. Types of Punishments by % Deprivation of liberty - 35% Fines - 33% Control in freedom - 14% Warning - 13% Community service - 2% Corporal punishment - 1% Life sentence - <1% Other (Including Death Penalty) - 2%