1. Explain retribution to deter crime1. Explain retribution to deter crime• At one time the primary reason At one time the primary reason

for punishing a criminal was for punishing a criminal was RETRIBUTIONRETRIBUTION. This is the idea . This is the idea behind the saying “an eye for an behind the saying “an eye for an eye and a tooth for a tooth.” eye and a tooth for a tooth.” • Instead of individuals seeking Instead of individuals seeking

revenge , society does it through revenge , society does it through the criminal justice system.the criminal justice system.

2. Explain deterrence to deter crimeExplain deterrence to deter crime

•Deterrence: punishment to Deterrence: punishment to discourage the discourage the offenderoffender from committing another from committing another crime in the future; also, to crime in the future; also, to deter deter othersothers from from committing the crime.committing the crime.

3. Explain the purpose of rehabilitation to deter Explain the purpose of rehabilitation to deter crime. crime.

•Rehabilitation is helping Rehabilitation is helping convicted persons change convicted persons change their behavior so that they their behavior so that they can lead useful and can lead useful and productive lives after their productive lives after their releaserelease

4. Explain the purpose of 4. Explain the purpose of incapacitation to deter crimeincapacitation to deter crime

• Incapacitation means that the Incapacitation means that the criminal is physically criminal is physically separated from the separated from the community and the community and the communit4ed is protected as communit4ed is protected as a result of incapacitation. a result of incapacitation. • PRISONPRISON

5. Explain Parole5. Explain Parole• Parole is the release of a convicted Parole is the release of a convicted

person from prison before his or person from prison before his or her entire sentence has been her entire sentence has been served. served. • Eligibility of parole is not a right, Eligibility of parole is not a right,

but, rather, a privilege. Inmates but, rather, a privilege. Inmates may go before a parole board that may go before a parole board that makes the decisionmakes the decision

6. Two ways people can become eligible Two ways people can become eligible for parolefor parole.

1.1.After serving a minimum After serving a minimum sentence specified by the sentence specified by the judge or law.judge or law.

2.2.Or, people automatically Or, people automatically become eligible for parole become eligible for parole after serving a after serving a portionportion of the of the total sentence total sentence

7. What is capital punishment also What is capital punishment also known asknown as?

•Capital punishment Capital punishment is also known as the is also known as the death penaltydeath penalty

8. US Supreme Court 2008 US Supreme Court 2008

• In 2008, the Court found that a In 2008, the Court found that a state law providing the death state law providing the death penalty for the rape of a child penalty for the rape of a child was a disproportionate was a disproportionate punishment (the punishment punishment (the punishment did not fit the crime) and a did not fit the crime) and a violation of the 8violation of the 8thth Amendment. Amendment.

9. • In 1972 case of Furman v. In 1972 case of Furman v.

Georgia, the US Supreme Court Georgia, the US Supreme Court held that the death penalty as held that the death penalty as then applied was then applied was unconstitutional. – Executions unconstitutional. – Executions were halted. States rewrote were halted. States rewrote capital punishment laws. In 1978, capital punishment laws. In 1978, the Court ruled that the new laws the Court ruled that the new laws were constitutionalwere constitutional

10. Death row at end of 2006

•A. 98% were menA. 98% were men•B. 56% were whiteB. 56% were white•C. 42% were blackC. 42% were black•D. 11% were HispanicD. 11% were Hispanic.

11. What do most states use to carry out executions?

•Most use Most use lethal lethal injections injections

1212. • In 2007, all executions were In 2007, all executions were

temporarily stopped when the temporarily stopped when the Supreme Court agreed to hear a Supreme Court agreed to hear a case that challenged lethal case that challenged lethal injection as cruel and unusual injection as cruel and unusual punishment in violation of the punishment in violation of the 88thth Amendment. Amendment.

12a.12a.

•However, in 2008 the However, in 2008 the Court decided that the use Court decided that the use of lethal injection did not of lethal injection did not pose a substantial risk of pose a substantial risk of serous harm, and serous harm, and executions resumed.executions resumed.

13. Explain the two parts in a capital punishment trial.

• Part onePart one: the jury decides guilt or : the jury decides guilt or innocenceinnocence• Part twoPart two: jury decides whether the : jury decides whether the

defendant should receive the death defendant should receive the death penalty or a lesser punishment.penalty or a lesser punishment.• Judges and juries must consider Judges and juries must consider

both aggravating and mitigating both aggravating and mitigating circumstances. circumstances.

14. Aggravating Circumstances• Aggravating circumstances are Aggravating circumstances are

factors that suggest the factors that suggest the defendant deserves a more defendant deserves a more severe punishment. Examples severe punishment. Examples include a gruesome murder, include a gruesome murder, crimes involving children, or crimes involving children, or previous convictions of the previous convictions of the accusedaccused

15. Mitigating Circumstances• Mitigating circumstances are Mitigating circumstances are

factors that suggest the factors that suggest the defendant deserves a less severe defendant deserves a less severe punishment. Examples include punishment. Examples include the defendant’s age, lack of the defendant’s age, lack of criminal record, or a history of criminal record, or a history of showing that the victim had showing that the victim had previously abused the defendant.previously abused the defendant.

16. List the reasons why opponents are against 16. List the reasons why opponents are against capital punishmentcapital punishment

• No one who values life can approve of the No one who values life can approve of the death penalty.death penalty.

• Religious and moral objections to killing Religious and moral objections to killing apply to the government.apply to the government.

• Say death penalty does not deter murderSay death penalty does not deter murder• Death penalty applied in an unfair manner – Death penalty applied in an unfair manner –

more minorities executedmore minorities executed• Violates 8Violates 8thth Amendment’s ban against “cruel Amendment’s ban against “cruel

and unusual punishment.”and unusual punishment.”

17. What is one approach to What is one approach to dealing with a wrongful dealing with a wrongful

convictionconviction?•Use life in prison Use life in prison without parole without parole instead of the death instead of the death penaltypenalty

18. What do advocates of the death penalty What do advocates of the death penalty statestate?

• Advocates state it is a JUST Advocates state it is a JUST punishment for those who punishment for those who commit the most serious crimes.commit the most serious crimes.• Threat of death DOES deter crime Threat of death DOES deter crime

because people fear death more because people fear death more than any other punishment.than any other punishment.