The Death Penalty 1. What is the recent history of the death penalty in the United States?

How does this differ from other countries? o People's view of death penalty Most people support the death penalty. From the high 80% of supporting death penalty for murder, it has fallen to 66% now. It is a big drop. This is a sign of public discontent of the death penalty People are beginning to question death penalty o Basic facts Executed more than 4000 people since 1930s. Estimated to much higher (15,000) if going back to the beginning history of the country. 3261 inmates on death row in USA 1999 - put 98 people to death , 2008 - put 56 ppl, 2009- 44ppl, 1972 - briefly abolished 1976 - reinstated death penality 1332 people executed o Why was death penalty abolished and reinstated Supreme court abolished is mainly because it violated the 8th amendment to the Constitution (cruel and unusual punishment) They said that death penalty was unfair because it was applied to only some people and not all. Furman vs Georgia - court said the reason people get executed often has nothing to do with the nature and seriousness of the crime. It is usually base of anything. (race of the defendant, income, what judge you get) The door was left open for it to be reinstated. States drew out systematically guidelines to what crimes death penalty can be applied to Gregg v. Georgia - took away the constitutional arbitrary and can now execute people again. A lot of states have the death penalty but does not use it. Most in the southern state (1000 out of 3261) Texas and Virginia (500) Texas (464) o What is death penalty used for? o Used for homicide especially with a second crime o At one time, rape was a common capital crime. o Wrecking a train is considered treason which is death penalty penalized o How we differ from other countries? o We are the only Western industrialized country that have death penalty We are going against the grain since more and more countries are abandoning it 90 countries have abolished death penalty o Formal abolitionist England, France, Australia, Almost all the advanced industrialized country as well as the third world countries. Mexico o Trend around the world is toward the abolitionist side o Countries that use death penalty a lot are China, Iran, Saudia Arabia, Pakistan, US = 5 MAIN some African countries, o Court cases for the youth and mentally ill o Roper v. Simmons - unconditional to execute people who are under 18 when they committed the crime o Atkins v. Virginia- Supreme court said unconditional to execute people whose intelligence is below a certain level o Sammi Perkins was executed in north carolina 4 years ago. He was severally mentally ill. His lawyers said the jurors never heard Perkins' full story of his mental disorder. He was from a poor family and could not get psychiatric help. He used alcohol and cocaine to self help himself.

o Ford v. wainwright - Supreme Court said that you cant execute people that are insane. Which means

that you don't understand what you did was wrong, or what will happen to you. The standard is really high. o US stands out sharply in death row o us is more punitive, seen as a way to deter crime o its a way for us to express our feelings towards the criminals o US uses death penalty for ordinary crimes 2. Is the death penalty administered fairly in the U.S. in terms of race and class? Whats the evidence one way or another? RACE Black are more likely to be on death row and to be executed 44% white and non Hispanic 42% black 12% hispanic 2% others Is the disparity natural or discriminatory? It does exist in death row It depends on the race of the person you kill and the race that you are. Blacks were punished harder for killing white person Anyone were let off easier to kill someone that was black 455 executions for rape 1930-1964 405 were black men in the south Baldus (1980) - studied people who were convicted of homicide. Looked at everything to check the impact of anything else but race. He found that race matters. Victims as white were 4 times as likely to get death penalty It is still being applied arbitrarily McCleskey v. Kemp - denied equal protection of the law and should be unconstitutional, but the Supreme court said that they are wrong McClesky was put to the electric chair in 1991 CLASS Class and income "poor man gets the chair" Median schooling of death row inmate is 12 years They don't make it out of high school 1 out of 6 don't make it out of 8th grade 3. Does the death penalty deter violent crime? How do we know? o What do we get? We get rid of the individual offenders It incapacitates ( best method) - theyre dead duh 0 recidivism rate . THEY ARE DEAD Does it really reduce violent crime? NO It DOESNT deter violent crime... for the same reasons as general deterrence. People are committing these crimes are not thinking rationally, they do not weigh the cost and benefits of what the rational choice theory assumes o Deterrence - why it does not work People do not think rationally when they commit a crime that will get them into death row They are often mentally disturbed Some people just don't care what will happen to them Ex. Charles Walker first person to be executed in Illinois in 1990 since 1962 He was out fishing and killed a young couple to get $40 so he can buy some beer He welcomes death row Counter deterrent effect from death penalty - it actually cause these crimes instead of prevent them.

Some people just really want to commit suicide Brutalization effect - more homicide after an execution Beccaria said that it is setting a savage example It takes about 20 years before the person is executed. This cost a lot of money. Having a death penalty trial is very expensive Cost of the federal death penalty- drug is 8 times more expensive

4. Are there costs to using the death penalty? What are some of them? o Death penalty 2 components Guilty of the crime? Whats the punishment going to be This causes it to be much more expensive The amount that is spent is hugely important of whether or not the person lives or dies There is no way to eliminate death penalty trial if there is going to be death penalty It takes about 20 years before the person is executed. This cost a lot of money. Having a death penalty trial is very expensive Cost of the federal death penalty- drug is 8 times more expensive o Collateral consequences - families, income o Losing public trust in the criminal justice system - death penalty not administered equally, targeting certain people o Prosecuting innocent people Crimes in the Family 1. What are some of the causes of family violence? What do we know about the kinds of families that are most likely to be involved in these crimes? What are some of the key social, economic, and cultural factors that encourage (or discourage) violence in the family? o Causes of family violence First step in understanding where it comes from is to realize that family violence varies enormously from one society to another and even from within society (from one class to another) David Levinson - did a study where there is a society with lots of family violence and a society with none. It tells us that child abuse and family violence are not fixed in human nature. They vary significantly from culture to culture and society to society. It must have to do with some fundamental aspect of the society. Domestic violence o Majority happen to women when it comes to serious incidences o 1 out of 5 crimes women are victims of are because of domestic violence o 3% of violent crimes perpetrated to men are by their intimate partner o 1 out of 3 women that gets married will be assaulted by their husbands o A lot of women are seeking help for domestic violence o Family violence is a very big problem that occurs not just in the US but in other countries as well.. Maybe some countries are even more than US. o Violent people most likely come from violent homes when they were growing up Preventing that kind of child abuse and family violence is important because those that experience violence as a child will become internalized o Kinds of families involved Social economic There is a myth that all females of any class can be a victim and any child of any race or class can be victim of child abuse The colonel of truth is that it is possible for them all to be a victim Typical parent that beats their child is most often those that commit street crime. Most likely to be uneducated, unemployed, poverty condition (under $15,000 a year) Middle class women are much more likely to report domestic violence than poor women. In fatal cases: we know who dies. It is much less likely to be subjected to bias

Family violence is a Social cost of extreme poverty. There are other social economic forces that breed this violence: Social impoverishment - those that are cut off from social help, no one to talk to, no one to take care of the kids, Immigrant struggling and are afraid to go to authorities. Immigrant are extremely high risks Individual resources that women have to support themselves economically. Research shows that where there are few economic resources that women can count on, they are most likely to suffer from domestic violence because where women don't have the means to support themselves outside the relationship of a man than she is more likely to stay in the abusive relationship. Women who are unemployed, poor, no education, no access to childcare are more likely to be in an abusive relationship. Absence of option for self support Cultural factors Another force that breed this violence is Cultural attitudes Attitude of male dominance If he doesnt have what it takes ( no job) then it is a problem Men are taught that fighting is good. Belief that it is okay or even a good thing to use violence against children as normal rearing We are at the punitive end Sweden and 15 other European countries make it illegal to spank kids US has a tolerance of punishing kids both in the home and school. The line between punishing and abusing is fuzzy 2. How does the response to family violence by criminal justice system and other agencies compare with the way we respond to street crime? What might be some reasons for the differences? Could we improve the way the justice system (and other agencies) deal with family violence? How? o Family violence vs. "street" crime Street crime Wait for it to happen and then Lock them up for a long time Family violence When spouse fighting, lock one away. When 2 guys on street fight, lock both them away. Get kids aid early with programs. Different in treating violence with kids and adults crime between the family, relationship, behind closed doors. o Home may be the most dangerous place Unless you are a grown up male Family violence has been an exception to the tough on crime policy o Its not a hot topic for political figures We need front end program to stop family violence and eventually street crimes . Intervention to PREVENT crime. o But we are only attempting it from the tail end. o How criminal justice system deals with o Response to family violence and child abuse has not been very effective and certainly not a tough response o People didnt pay much attention to these as crimes o There was not much research on it o Cops only separate the couple and told the guy not to do it. They felt that it was useless to do anything more because the batterer will go right back and do it again They felt that these cases involved private behavior and was no ones problem but the families

Widespread idea that in American culture, it is okay for men to use violence because his home, his palace Rule of thumb - as long as the stick is no wider than the males thumb, it is okay to use it to beat the wife Cops were predominantly male Women did not press charges because they were reluctant. They did not want the guy to go to jail. She may not have any faith that he will be locked up. She may be afraid of retaliation o There are strong limits on what we can do to stop domestic violence . Criminal justice system may not be deterrent to stop these crimes o Mandatory arrest was stimulated by one piece of important research (by Sherman/Berk) ARRESTED: 10% of them committed another crime MEDIATED: 16% WALK: 22% People realize that when people get arrested they will not do the crime again. Strategies for Change 1. Are there ways the criminal justice system could be changed so that it does a better job of dealing with crime? What evidence is there that these changes might make a difference? Based on the evidence youve seen, what kinds of changes might be most important? Why? Three levels that we can think about in terms of developing a better set of strategy to deal with crime o First level: changing our priorities in the criminal justice system Work with the criminals that are already behind bars. o Second level: working outside the system on preventable measures Focus on two types of program to prevent crime and delinquency Prevent child abuse and neglect Child abuse and the connection of violence is a big piece of the puzzle We created a pretty grim situations First line of defense - local child protected agencies However they are so starved from funds, they can barely do the job at all Averaged abused child in CA is reported 6-10 times before there is any action taken Measures are reactive It is better to prevent it We do know how to Home visiting - "Almira program" or PEIP- worked with mothers who are in high risk of abusing their kid. These women were often in desperation. Trained nurses were sent out to spend several session with the moms in the homes before the kid is born. Taught right nutrition, arranged transportation, etc. After the kid is born - for 2 years - help them relate to the kid and meeting their needs. This approach has been remarkably successful. 4% of the program mothers abused their kids 19% of similar mothers without program abused their kids Healthy start - statewide in Hawaii. Wanted to make it available to all families. They will screen family that are about to have a baby. They look at med rec and talk to doctors to decide which family is at high risk for abusing their kid. Then contact the family and see if they want help. The workers will basically take on any problems the family have These programs provide something for the families to lean on and support. Violent offenders come from violent homes

Early child education designed to develop skills early on in life to do better in school and life afterwards Criminological theories (strain or opportunity theory) - people get involved with crime because they are blocked from achieving their goal in society. They don't make it to school. Our society values school as a key to success. Dropping out of school and behind bars is a high correlation Perry preschool project - michigan city. It was designed to work with impoverished city kids. Educational system has given up on these kids already. It was started by educational reformers. Did home visits 35% v 7% of committing crime of those not in the program and in the program Cost about $4000 per kid for a year. But money is still saved Age 40 28% that have been in program have spent some time in prison. But the people that haven't been in the program 50% have been in prison.

o Third level: o some of the things we can do involve broader changes in society especially changes in

opportunities we provide for people (jobs, decent income) and also changes in social support we provide for people o Focus on work as one of the social issue that we want to grapple with Work is the most important crime prevention mechanism that we have because: Its how people get their income and dealing with drugs and other illegal activities become less attractive. Have a decent roof over your head and have a decent family life. Work creates a sense of participation that you're part of the society Problems There just aren't enough jobs. Many of the jobs we do have cant support a decent living Jobs in US pay too poorly in society. To have a decent living, you need 2 jobs. What does that mean if youre a parent. You arent there for your kid Job killing measure: employers cant afford these wages if living wage law is enforced. When people get paid more, they spend more and the money goes back in the community But this is hard for small business There isn't enough jobs to go around High school grads dont have jobs College grads dont have jobs If we make the commitment of putting people to work and doing the necessary social things then we accomplish two things: Turn our country into a more safer, greener place Offer the young people a chance to turn their chances around. Give them chance to feel proud of and a part of. National youth administration - job creating for young people in Great depression. Organized the kids in a work program. Federal government funded this program We need to start using the justice system more preventively. o What we do now most of the time is that we wait for crime to happen and then we step in. o And assuming we can catch this person then we can punish them and put them in our swollen prison system. o But the result is that when we do it, we fail to do anything constructive once they are put behind bars. [like special deterrence- we don't doing anything for them once they are behind bars] This is a recipe for failure. We need to change the way once people are put in the criminal justice system. o Real crisis of the criminal justice:

we have very few options for offenders between two extremes. We either dont do anything or throw them behind bars and not do anything for them. o 1950s/60: people said that we should try to rehabilitate those in the criminal justice system. But we didn't do it. o Martinson- wrote "what works." He said nothing works to rehabilitate offenders. We need to sift out things that do work. Ways we can keep people out of institutions and custody Things we can do with people that we do have to put behind bars. Changes most important : Prevention and intervention

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2. Similarly, are there programs outside the justice system that you think might be especially helpful in preventing crime? Whats the evidence that these programs would really help? We need to invest more in alternate sanctions (alternative to incarceration). Alternative means to work with people. This gives us an opportunity for us to work with the underlying problems that got them in the prison system in the first place. Choice program: state of Maryland along with other states (MA) decided to shut down almost all their prisons for juveniles. o They would intensively work with these kids for a long time to deal with their underlying problems. o Hired young case workers (right out of college) to work with these kids. o They worked around the clock, always somebody there. o The program worked. It had lower recidivism rate than normal juvenile systems. o Usually 3 or 4 month duration MST program : if you want to work with someone, you deal with the system first (school/heath/family). Cost several thousands dollars a year. These programs are cheap and it works. It is not in every state because ? 3. What larger changes in the economy and society might reduce crime in America? Why do you think so? What can we learn from the experience of other countries about social and economic changes that might reduce crime? o Economy There should be more job opportunities People would feel like they belong in the society Illegal activity and drug dealing will become less attractive once they make a decent living with a regular job o Society Better health care systems Social programs for at risk families Become a better welfare state like other advanced societies and not socially excluding certain groups of people o Other countries Canada has universal healthcare, 4. What do we know about the role of guns in violent crime? How is the American situation with respect to guns and gun control laws on crime if any? What specific approaches to gun regulation might make an impact on violence in America if any? o The sheer number of guns available is turning fights into deaths o Example: Woman sitting in a park. A car stops at the stop sign, a second car open fires and wounds some of the guys in the first car but kills the woman in the park. o The senselessness of the crime is escalated by the gun. o Example:

 In Berkeley: Blondies pizza. Couple of guys eating. Both of guy reach for red pepper and one of the

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pizza fell on the floor. Open fire 4 bullets to the guy and hits him in the arm. Ran out and was caught by police. This suggest that trivial things can be escalated firearm homicide is an American disease. California is more strict on gun laws. But no states have laws as strict as other countries have it. But it has begun to change along the 1990s and has continue to change. 5 different strategies used to control guns. 1. Waiting periods and background checks of people buying guns. We need to check who is buying the guns so we can make sure the wrong people don't buy it. Waiting period allows time to do background check and also allows somebody to think of the consequences. California had a 10 day waiting period. But there was no national law to mandate it. The Brady Bill was named after Jim Brady who was the press assistance to Ronald Reagan. The bill mandated a 5 day waiting period and during that time have a background check. a. Does this have an effect? Don't really know. But it is clear that the Brady law has stop a lot of people from buying guns legally b. There are other means to get a gun: illegally, from a friend, gun shows c. Brady law doesnt really have an effect on those that really want to get a gun. 2. Limiting the number of guns that you can buy. 1990s- VA passed 1 gun a month. It puts a crimp in that kind of gun trade. 3. Limit the kinds of guns that ordinary people can buy. The 2 bank robbers had such massive guns that police could not stop them. Tech dc-9 is a semi automatic pistols that can carry a lot of bullets. Banned them by name- the problem with that is that gun manufacturer can change the name and put it back in the market 4. Controlling the sell of guns. Lawsuits against gun manufacture or dealers for being negligence in the way they sell or distribute guns. Negligent in the way of having guns get in the hands of the wrong people. Some cities have argued that gun dealers who sell so many guns that it is far beyond the capacity of the legal market to absorb, we are going to sue them. 5. The other 4 is how to restrict the supply of guns. This strategy wants to restrict the damage of the guns by changing the nature of the guns. Change the guns so that it is less likely to be used by the wrong people. Make the gun have child protection lock, finger print recognition, voice recognition, or if someone steals it. Approach the dangers of guns through another means. The proportion of car accident is getting lower but the proportion of gun deaths is rising.