Expect a low or Failing Expect a low or Failing Employability Grade if you:Employability Grade if you:

(Success is a CHOICE)(Success is a CHOICE) Are absent frequentlyAre absent frequently Are habitually late for classAre habitually late for class Are too talkativeAre too talkative Use inappropriate languageUse inappropriate language Put your head down on desk Put your head down on desk Sleep during classSleep during class Disrupt classDisrupt class Do other class work in classDo other class work in class

Restoration of Voting Restoration of Voting RightsRights

In almost all states, felons lose their In almost all states, felons lose their right to vote while in prison. In some right to vote while in prison. In some states that right is automatically states that right is automatically restored after a sentence is completed. restored after a sentence is completed. In other states, the ex-felon must apply In other states, the ex-felon must apply for restoration of voting rights, for restoration of voting rights, sometimes after a waiting period of sometimes after a waiting period of several years after the completion of a several years after the completion of a sentence.sentence.

Should felons lose their right to vote Should felons lose their right to vote while in prison? After sentence is served?while in prison? After sentence is served?

Bell RingerBell RingerWhy does Why does society punish society punish criminals for criminals for violating our violating our government’s government’s laws?laws?

Try to list Try to list THREE reasonsTHREE reasons

Criminal Justice Criminal Justice ProcessProcess

Sentencing and Sentencing and CorrectionsCorrections

Sentencing Sentencing PhasePhase

The Final stage of the Trial Begins with the sentencing of a

guilty defendant by either a judge or a jury

Sentence - critical decision in the criminal justice process

Can determine the defendant's fate for years or even for life

Mitigating vs. Aggravating Mitigating vs. Aggravating FactorsFactorsMitigating factor - any information or

evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence

the issue of mitigating factors is most important in death penalty cases

Aggravating factor - any fact or circumstance that increases the severity or culpability of a criminal act

Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others

Purposes of Purposes of Punishment Punishment 

Four general reasons for punishing convicted defendants:

RetributionRetributionDeterrenceDeterrenceRehabilitationRehabilitation IncapacitationIncapacitation

RetributionRetribution Idea that punishment should Idea that punishment should

involve some form of involve some form of paybackpayback ("an eye for an eye")("an eye for an eye")

SocietySociety through the criminal through the criminal justice system takes revenge justice system takes revenge instead of the individualinstead of the individual

DeterrenceDeterrence Punishment will Punishment will discouragediscourage

the offender from committing the offender from committing crimes in the futurecrimes in the future

Discourages Discourages othersothers from from engaging in future criminal engaging in future criminal activitiesactivities

RehabilitationRehabilitation Time in prison will allow the Time in prison will allow the

prisoner to prisoner to changechange his/her his/her ways and learn how to ways and learn how to function as a productive function as a productive member of societymember of society

Examples: educational, Examples: educational, vocational, and vocational, and counselingcounseling programsprograms

IncapacitationIncapacitation Removes the individual from Removes the individual from

society in order to make the society in order to make the community community safesafe from the from the threat he/ she posedthreat he/ she posed

Sentencing Sentencing OptionsOptions

Criminal statutes (state or federal) set Criminal statutes (state or federal) set out basic out basic guidelinesguidelines for sentencing for sentencing

JudgesJudges generally have considerable say generally have considerable say (discretion) in determining the (discretion) in determining the appropriate sentence for a defendant appropriate sentence for a defendant (within these guidelines)(within these guidelines)

Judges may have several Judges may have several optionsoptions for for sentencingsentencing

The most severe sentences a judge may The most severe sentences a judge may impose are impose are imprisonmentimprisonment and death and death

The Sentencing The Sentencing DecisionDecisionFactors:Factors:

A judge’s theory of corrections

The presentence report – gives the sentencing judge information about the defendant’s background and prospects for rehabilitation

Recommendations from the defense attorney and prosecutorJudges or juries (death penalty cases) are required to consider both aggravating and mitigating circumstances, including such things as the nature of the crime

Sentencing Options Sentencing Options include:include:

Suspending the sentence or allowing the defendant to serve the sentence at a later time

Releasing the defendant to the supervision of a probation officer

Sentencing the defendant to serve his or her time at home (home confinement or house arrest)

Issuing a fine Requiring the defendant to pay back the victim

for harm caused (restitution) Allowing the defendant to work in the

community during the day but return to prison at night or on weekends (work release)

Correctional Correctional SupervisionSupervisionForms of correctional supervision include:

Probation - supervision requires adherence to specific rules of conduct while in the community

Prison - confinement in a State or Federal correctional facility to serve a sentence of more than 1 year

Jail - confinement in a local jail while pending trial, awaiting sentencing, serving a sentence that is usually less than 1 year, or awaiting transfer to other facilities after conviction

Parole - community supervision after a period of incarceration

ParoleParole Release of a convicted person

from prison before his/her entire sentence has been served

Privilege granted to those who seem to have reformed and appear ready to rejoin society

Is parole a good idea?

Bell RingerBell Ringer

FFYYi i For Your For Your InformationInformationThe Innocence Project The Innocence Project

The Innocence The Innocence ProjectProject

Capital Capital PunishmentPunishment

BELLRINGERBELLRINGER Roper v. SimmonsRoper v. SimmonsIn 2005, the Supreme court ruled that minors should NOT be held to the same standards of accountability as adults because they don’t have a fully developed sense of right and wrong.

The Supreme Court has ruled on this issue but some continue to argue that if you are capable of murder you should be eligible for the death penalty. What do you think?Should the death penalty for juveniles be legal? DISCUSS with your learning partner then answer. Yes or No?Yes or No?

Explain why or why not.Explain why or why not.

THE DEATH PENALTY DEBATE

A Barbaric Practice

OR

Humane Justice?

Graphic Organizer Graphic Organizer ActivityActivity

PART 1PART 1

READ the Article – READ the Article – The Death Penalty DebateThe Death Penalty Debate

Complete upper half of Graphic Organizer (Both sides)Complete upper half of Graphic Organizer (Both sides)

AS YOU READ look for arguments presented that are AS YOU READ look for arguments presented that are

for and against the death penalty as a possible sentencefor and against the death penalty as a possible sentence

List those in bullet formList those in bullet form

Add any reasons that you think are missingAdd any reasons that you think are missing

ForFor the Death the Death PenaltyPenalty “Eye for an Eye, …” old principle of justice i.e. killers

get what they deserve

Deters Crime – people fear nothing more than death

Brings some closure and sense of justice to victim’s family

Protects society from dangerous criminals

Saves the government money

It is fairly applied through court system

Supreme Court has ruled that it is constitutional

AgainstAgainst the Death the Death Penalty Penalty Statistics show it does not deter crime

It is unfairly applied and discriminates against minorities and the poor

Killing is wrong no matter who is doing it, including the government

It violates the Eighth Amendment’s ban against “cruel and unusual punishment”

The wrong people have been executed Life without parole serves the same purpose

Graphic Organizer Graphic Organizer ActivityActivity

PART 2PART 2After reading the article and weighing the After reading the article and weighing the

arguments presented and reviewed in class arguments presented and reviewed in class

yesterday, write a thorough PARAGRAPH in yesterday, write a thorough PARAGRAPH in

which you explain whether or not you support which you explain whether or not you support

the death penalty for certain crimes.the death penalty for certain crimes.

Class Assignment 5 point scale applies as Class Assignment 5 point scale applies as

usualusual

    Capital Capital PunishmentPunishment   Also known as the

death penalty, is a highly controversial topic

The Supreme Court has upheld the constitutionality of capital punishment under certain circumstances

Does the Death Penalty Does the Death Penalty Cost Less Than Life in Cost Less Than Life in

Prison?Prison? Cases without the death penalty

cost $740,000, while cases where the death penalty is sought cost $1.26 million.

Maintaining each death row prisoner costs taxpayers $90,000 more per year than a prisoner in general population. 

Methods of Methods of ExecutionExecution

In the 32 states and the In the 32 states and the federalfederal government that currently have government that currently have death penalty statutes, there are death penalty statutes, there are five different methods of execution:five different methods of execution:

Lethal Lethal InjectionInjection ElectrocutionElectrocution Lethal Lethal GasGas FiringFiring Squad Squad Hanging Hanging

Supreme Court Supreme Court DecisionsDecisions

In 1972, U.S. executions were briefly halted following the ruling of the U.S. Supreme Court on the case of Furman v. Georgia

The Supreme Court held that the death penalty as then applied was unconstitutional because juries were given too much discretion (freedom) in assigning this sentence

States then rewrote their capital punishment laws

In 1978, the Court ruled that new laws were constitutional as long as BOTH aggravating and mitigating circumstances were considered

Executions soon resumed

Supreme Court Supreme Court DecisionsDecisions

2002: Atkins v. Virginia. Barred the execution of mentally retarded.

2005: Roper v. Simmons. Barred the execution of juvenile offenders.

2008: Baze v. Rees. Approved execution by lethal injection.

2008: Kennedy v. Louisiana. Restricted the death penalty to crimes in which the victim is killed, or in cases of treason.

Capital Punishment The death penalty in the United

States is limited under the Eighth Amendment to the United States Constitution

In practice, is used almost exclusively for aggravated murders committed by mentally competent adults

It is currently a legal sentence in 32 states, as well as the federal civilian and military legal systems

Capital Punishment Since capital punishment was

reinstated in 1977, thirty-four states have performed executions 

The methods of execution and the crimes subject to the death penalty vary by state and have changed over time

Texas has performed the most executions

The most common method since 1976 has been lethal injection

Capital Punishment In 2013, 39 inmates were executed in the United States and 3,108 were on death row – an execution rate of less than 2%

Many states such as Texas, Oklahoma, Florida, and Arizona regularly execute convicted murderers

The search for a quiet and humane form of

executionWith lethal injections, first used by Texas in 1982 and gradually adopted by every other state with the death penalty, Americans thought they had finally arrived at a perfect solution.

The search for a quiet and humane form of

execution“From shooting and hanging to electrocuting to gassing to injecting, Americans have continuously introduced new killing technologies that have promised to minimize the discomfort, for witnesses and the condemned ...”

Daniel LaChance

The search for a quiet and humane form of

execution The Court previously upheld the constitutionality of lethal injection in a 2008 decision

But much has changed since then

European suppliers are barred by European Union regulations from selling drugs that will be used in executions

So states have struggled in recent years to find reputable vendors of execution drugs

Last year, in Oklahoma, technicians incorrectly inserted the needle into Clayton Lockett’s groin, missing his vein and releasing the drugs into the surrounding tissue

After being declared unconscious, Lockett began writhing and attempted to sit up

He died of a heart attack 43 minutes after the execution began and seven minutes after rattled officials tried to abort it

In response to incidents like this, attorneys for condemned inmates have launched a new legal attack on lethal injection

What Next?What Next? Concerned that the Supreme Court may

soon declare lethal injection unconstitutional, some states are making back-up plans.

In March, Utah’s governor signed legislation that will bring back the firing squad as the state’s official execution method in the event that injection – the method used by every state that still retains the death penalty – is no longer possible

Utah’s legislation has received a lot of national attention

Utah’s firing Utah’s firing squad plan is squad plan is another twist in another twist in America’s long America’s long quest for quest for a perfect a perfect execution methodexecution method

Debate rages about the morality and constitutionality of the death penalty. Lethal injection is the standard, though a few states allow inmates to choose other

methods. It is the ACLU’s position that

all five current methods of execution violate the Eighth

Amendment's ban on cruel and unusual punishment, which prohibits the imposition of

gratuitous pain.

"Old Sparky”the electric chair used at Sing Sing prison

The electric chair became a symbol of the death penalty in the U.S.

Its use is in decline due to the rise of lethal injection

Its use also caused a great deal of controversy over botched executions

Cruel and Unusual Cruel and Unusual Punishment?Punishment? Last person (Larry

Bill Elliot) executed by means of the electric chair was in 2009 (VA)

He had the option of lethal injection but chose electrocution

Lethal injection is now seen as a more humane method

Trends and Trends and NumbersNumbers

Supreme Court ruled death penalty unconstitutional

STATES WITHOUT THE DEATH PENALTY YEAR ABOLISHED IN PARENTHESES)0

Alaska (1957)Connecticut (2012)Hawaii (1957)Illinois (2011)Iowa (1965)Maine (1887)Maryland(2013)Massachusetts (1984)

Michigan (1846)Minnesota (1911)New Jersey (2007)New Mexico (2009)New York (2007)North Dakota (1973)Rhode Island (1984)Vermont (1964)

West Virginia (1965)Wisconsin (1853)

ALSODist. of Columbia (1981) 

The Recent World The Recent World TrendTrend

Death Row: The Final 24 Death Row: The Final 24 HoursHours

If the death penalty was on the ballot If the death penalty was on the ballot and you could vote to bring the death and you could vote to bring the death penalty back in Massachusetts, how penalty back in Massachusetts, how would you vote?would you vote?

YesYes – Bring it back – Bring it back

NoNo – I am opposed to it – I am opposed to it

BELLRINGERBELLRINGERROOM OPINION POLLROOM OPINION POLL

Do you believe that the voting Do you believe that the voting rights of felons should be rights of felons should be

restored after they complete their restored after they complete their sentences?sentences?

Yes or NoYes or No

What is the difference between a What is the difference between a RIGHT and a PRIVILEGE?RIGHT and a PRIVILEGE?

ThinkThinkWriteWritePair Pair ShareShare

CorrectionsCorrections

Recent public opinion Recent public opinion polling data on polling data on

criminal justice in criminal justice in MassachusettsMassachusetts Nearly two thirds of Massachusetts

residents want the criminal justice system to focus on prevention and rehabilitation for non-violent criminals and drug users

The majority of respondents believe the current system is too focused on punishment

Two thirds of residents want reforms that result in fewer people being sent to prison

The poll also found that by more than a two-to-one margin, public opinion sees drug use as a public health issue rather than a crime

Do Inmates Have Rights?

If So, What are They?List them

What Rights Should What Rights Should Prisoners Have?Prisoners Have?

Free speech (mail, phone calls) Religion Food Space Personal safety Medical care Privacy Sanitation Shelter Due process

Rights of Rights of InmatesInmates Even the most chronic or Even the most chronic or

hardened inmates hardened inmates have basic rights that are protected by have basic rights that are protected by the U.S. Constitutionthe U.S. Constitution

If you are facing incarceration, you If you are facing incarceration, you should know your rightsshould know your rights

If you have a family member or friend If you have a family member or friend who is in prison or jail, who is in prison or jail, you should know what their rights are, you should know what their rights are, as wellas well

CorrectionsCorrectionsThere are several treatment and There are several treatment and punishment options available to the punishment options available to the government, including:government, including:

Community CorrectionsCommunity Corrections - - offenders are supervised offenders are supervised (probation/parole) and provided (probation/parole) and provided services outside jail or prison)services outside jail or prison)

Jails Jails

Prisons Prisons

Jail vs. PrisonJail vs. PrisonJailJail

Operated by towns, cities and counties

Used to detain people awaiting trial

Hold mental patients, drug addicts, alcoholics, and felons on a temporary basis

Hold people convicted of minor crimes (sentence is a year or less)

PrisonPrison Operated by federal

or state governments

Used to incarcerate people convicted of serious crimes

Usually felonies (sentence is more than one year)

FYIThe standard size of jail cells is 6 feet by 8 feet

HIGH HIGH INCARCERATION INCARCERATION

RATERATEThe United States is the world's leader in incarceration with over 2.2 million people currently in the nation's prisons or jails -- a 500% increase over the past thirty years

These trends have resulted in prison overcrowding and state governments being overwhelmed by the financial burden of funding a rapidly expanding prison system

Angola Prison Angola Prison (Louisiana)(Louisiana)

California’s Three Strikes Law

Passed by 72 percent of the electorate in 1994

Scaled back by voters in 2012

Now requires third felony convictions to be serious to count as a third strike

Third “strike” triggers a mandatory 25-years-to-life prison sentence

America’s Prison America’s Prison Problems Problems Overcrowding

Violence (fights and riots)

Drug use

Sexual assaults

Uncomfortable conditions

Dangerous and unpleasant

Prison Life

Prison LifePrison LifeLife in prison is different from

living in the free community.

Prison life includes: Prison life includes:  Pronounced deprivation of

personal freedom Loss of privacy Scarce resources Greater insecurity, stress,

unpredictability

Massachusetts Massachusetts Prisons Prisons (Selected)(Selected)

Massachusetts Correctional Institution - Cedar Junction

Norfolk / Walpole Maximum/Medium

Massachusetts Correctional Institution - Concord

West Concord Medium

Massachusetts Correctional Institution - Framingham

Framingham Medium

Massachusetts Correctional Institution - Norfolk

Norfolk Medium

Massachusetts Correctional Institution - Plymouth

Plymouth Minimum

Massachusetts Correctional Institution - Shirley

Shirley Medium/Minimum

Souza-Baranowski Correctional Center

Lancaster Maximum

Souza-Souza-BaranowskiBaranowski

Correctional CenterCorrectional Center

Located in Shirley, about 40 miles outside downtown Boston

It's called Souza, for short, and it's the state's newest prison (opened in 1998)

"It's very shiny and clean looking and very sterile … It is a very dangerous prison that is right now ."

Leslie WalkerLeslie Walker Executive Director of Prisoners' Legal Services of Massachusetts

Has a matrix of 366 cameras recording live 24 hours a day and a microwave detection perimeter

The cells are stark, small rooms of painted cinder-block walls with metal fixtures

A bunk mounted to the wall, a toilet and sink combination, a small writing shelf attached to the wall, and a nearby small stool affixed to the floor

There's also a shelf for a small television, which must have a clear back for easy inspection

With the exception of the TV, which inmates can buy for under $200, all furnishings are metal and bolted down to keep inmates from throwing them

There are two windows: one roughly 4 by 20 inches with clear glass that looks outdoors to a wall, building or trees, and a tiny window on the cell door, which has two slots, for handcuffing in the middle and ankle cuffing at the foot of the door

“There's very little to do”

It was built as a punishment facility

The thing in corrections is that you don't want people to like it there

Some people have been there since it opened, and those people are excruciatingly bored or scared or both

Hard Time in Solitary

"Solitary confinement is a kind of torture that no one does well in. The lack of meaningful sensory stimulus and contact drives people mad … It's very hard time."

To combat opiate use among inmates, prison guards use narcotics-sniffing dogs for inspections.

"It's pretty pathetic. I have clients (in Souza prison) who are heroin addicts who are trying to get clean," Walker said.

There also are gangs in the prison, she said. As for violence, one elderly inmate was beaten to death last year, Walker said.

AFTER PRISON?AFTER PRISON?76% of prisoners do not have paid employment to go to after release

Half of all prisoners do not have the skills required by 96% of jobs

Why Stay in Why Stay in School?School? Dropouts comprise a

disproportionate percentage of the nation's prison and death row inmates

About 75% of America's State prison inmates, almost 59% of Federal inmates, and 69% of local jail inmates did NOT complete high school

Reentry ProgramsReentry Programs

Phase 1Phase 1Provide education, mental health services, substance abuse treatment, job training, and mentoring for convicts to psychologically prepare them to reenter society

Reentry ProgramsReentry Programs

Phase 2Phase 2Focus is placed on the actual transition back into the community – including decisions about where to live, how to find a job, and ways to reestablish ties with members of the community

Reentry ProgramsReentry Programs

Phase 3Phase 3Provides long-term support and mentoring for those NO longer under the supervision of the justice system by linking them with a network of social agencies

Why are Reentry Why are Reentry Programs Needed?Programs Needed? Most inmates will at some

point return to their communities

Preparation for reentry can reduce recidivismrecidivism (Criminal offenders repeat and return to prison)

Recidivism Rate Recidivism Rate HighHigh

Within three years of their release, 77% of former prisoners are rearrestedrearrested

52% are re-incarceratedre-incarcerated

America’s high recidivism rate high recidivism rate calls into question the effectiveness of America's corrections system, which costs taxpayers $60 billion $60 billion a year

Recent Prison Study Recent Prison Study ConclusionConclusion

Since 95% of inmates are eventually released back into society, ill-equipped to lead productive lives

Given the dramatic rise in incarceration over the past decade, public safety is threatened unless the corrections system does in fact “CORRECTCORRECT” rather than simply PUNISHPUNISH