2. Physical Sanctions:
-positive
-negative (CJ system)
-economic
-physical
Corporal and Capital Punishment
3. Torture:
-extract confession/info
-”intense pain…mind/body”
-pain not torture
-Courts: prohibit torture not pain
Corporal and Capital Punishment
4. 8th amendment: cruel and unusual punishment
-courts avoid specific definitions: look at
-shocks conscience of court
-violate evolving standards of decency
-disproportionate to offense
-wanton/unnecessary pain
-deliberate indifference
Corporal and Capital Punishment
5. Evolving standards of decency:
Where do the courts look?
Pain itself not cruel/unusual
Corporal punishment as discipline violates 8th
Corporal punishment as sentence no violates 8th
Chief Justice Warren:
1958:
“evolving standards of decedent that mark the progress of a
maturing society”
Corporal and Capital Punishment
6. Gregg v. GA:
-capital punishment not cruel/unusual
-large proportion of society-appropriate
Jackson v. Bishop:
-whipping unconstitutional
-”offends contemporary concepts of decency”
How determine standards of decency?
-state legislatures
-represent “will of the people”
Corporal and Capital Punishment
7. Corporal punishment:
-affects the body
-pillory: wooden frame on tall post/head/hands
-stocks: feet
-Boston-stocks
-1st customer was carpenter
Corporal and Capital Punishment
12. Sticks/canes/rods/straps/rubber hoses
1776-1829-debate focused on types of corporal
punishment versus penitentiaries
What group was this used on routinely?
Whipping
28. STATS: NO NEED TO WRITE DOWN:
-56%-south
-7% northeast
-98% male
-56% white
-42% black
-13% Hispanic
-2% other
-64% prior felonies (8% prior homicide)
CAPITAL PUNISHMENT
29. Leaving Death Row:
-executed
-appeal
-clemency-leniency
Reprieve: stay of execution for period of time
Commutation: reduction of penalty
Pardon: release for responsibility for crime
CAPITAL PUNISHMENT
30. Courts:
Furman v. GA (1972):
Cruel and unusual
Arbitrary/capricious (majority)
Uncontrolled discretion
Other justices:
Unconstitutional by itself
Bifurcated trials:
-guilt phase
-penalty phase (aggravating/mitigating)
CAPITAL PUNISHMENT
31. Abolitionists:
1. State laws
2. Supreme Court
CAPITAL PUNISHMENT
34. Fairness debate:
-Gender (443)
-Social class:
“searches in vain for affluent execution”
-Race:
-Age: under 18 cannot be executed
-Innocence-Todd Willingham (TX)