Crime and PunishmentLaw and Order

Crime and Punishment: The American Penal SystemSession 3

Deacon Edward P. Munz

What We Will Cover

Types of crime and types of criminal Who is in prison and why? Social Contract Theory California Crime Project (Assignment) The death penalty “The Prisoner’s Dilemma”

Before We BeginWhat is your response to these questions?

People in prison deserve to be there The threat of prison helps prevent crime Generally speaking, the criminal justice system in the U.S. is

fair and treats everyone equally I would vote for a politician who promised to “get tough on

crime” My view on criminals is simple: Lock them up and throw away

the key Prisons or capital punishment are the only realistic ways to

deal with wrongdoers If I were an employer, I would not hire someone who had

spent time in jail I personally know someone who is, or has been in a prison All accused people have the same access to a fair and

impartial defense.

Social Justice and Criminal JusticeTypes of Crime

Social Justice = Discrimination and unjust social structures Criminal Justice = Treatment of people in the judicial system White-collar Crime = Embezzlement, Fraud Blue-collar Crime = Rape, Murder, Burglary Crimes against People = Assault, Murder, D.U.I. Crimes against Property = Crimes against Business.

What are the most common crimes?

What is your stereotype of a criminal? (Be Specific) The most common crimes may not be committed by those

who fit your stereotype One crime kills more than all other crimes combined What is your stereotype of one convicted of D.U.I. Most costly crime against property Fraud and Embezzlement (treated less harshly)

Making bail, quality legal services, company attorneys

Enron/Tyco – AIG/Stanley-Morgan. What harm resulted?

Who is in Prison and Why? Vast majority of prisoners are those with “invisible

disabilities” Poor Undereducated/Uneducated Mentally ill Member of a minority group Under represented Unstable family backgrounds Repeated failures in school Lack job skills or no record of long-term employment.

National Statistics for Types of CrimeBreakdown of Violent Crime by Race

http://www.ojp.usdoj.gov/bjs/glance/corr2.htm

Plea Bargaining: The Process

Plea bargaining is a process whereby someone accused of a crime pleads guilty to the charge or to a lesser crime in exchange for a recommendation of a lighter sentence than the one usually given for the offense. In our overworked judicial system, this might be a reasonable choice.

Consider the following …

A person unable to raise bail is accused of a crime and incarcerated. He is later told that a court date will not be available for perhaps a year; but if he pleads guilty, he can get off with a sentence of 6 months with time served. The accused person, guilty or not, might reasonably choose plea bargaining for the shorter sentence than spend an additional 6 months or so just awaiting trial. Such a scenario may sound wrong, but in fact it represents the norm in many local prisons. Nationwide, over 50% of county jail inmates are simply awaiting trial, presumably “innocent” but unable to raise bail or hasten a court date.

“The Farm: Life Inside Angola State Prison”

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Thomas Hobbes (17th Century)

Most people don’t act ethically Egoism - I am Number 1 & you don’t count Natural Law & Virtue Ethics too lofty State of Nature = Selfishness/Greed Too much wealth, power, security? Never State of nature - how person’s behave without law Wealth, power, security are limited commodities State of nature is not peaceable and harmonious.

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The State of Nature …

People are naturally competitive All pretty evenly matched, but live in fear

“I better kill you before you kill me” Strongest in society also fearful of attack So… attack the other or retreat into hiding

No commerce, no culture, no knowledge, no arts, only continual fear of violent death!

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Conflict between “A” and “B” What is best interest for “A” is worst for “B” 2nd best option for both is to cooperate

“A” and “B” cannot trust each other enough to cooperate - too risky.

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Characteristics of Law:Characteristics of Law:5 Characteristics to Consider5 Characteristics to Consider

1)1) Law provides basis for good order Law provides basis for good order within society.within society. Good order is the aim of lawsGood order is the aim of laws Laws free AND restrict usLaws free AND restrict us Law tries to preserve “the common good” in 3 Law tries to preserve “the common good” in 3

ways:ways: Respect for the personRespect for the person Social wellbeing and development of group/societySocial wellbeing and development of group/society Peace.Peace.

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Characteristics of LawCharacteristics of Law

2)2) Laws protect welfare / rights of individual Laws protect welfare / rights of individual members of a communitymembers of a community Without laws powerless have no protection against Without laws powerless have no protection against

powerfulpowerful Good laws balance concern for common good with Good laws balance concern for common good with

concern for individual rights / welfareconcern for individual rights / welfare Right to privacy vs. society’s right for info. to serve the Right to privacy vs. society’s right for info. to serve the

common goodcommon good Right to firearms (individual freedom) vs. public concern Right to firearms (individual freedom) vs. public concern

for safetyfor safety Right to smoke in public places vs. public right to Right to smoke in public places vs. public right to

healthy air.healthy air.

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Characteristics of LawCharacteristics of Law

3)3) Laws usually minimum requirements of Laws usually minimum requirements of community’s memberscommunity’s members

Paying taxes is minimum of good citizenshipPaying taxes is minimum of good citizenship Attending class is minimum requirement of a Attending class is minimum requirement of a

studentstudent Laws do not specify everything required.Laws do not specify everything required.

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Characteristics of LawCharacteristics of Law

4)4) Laws typically stated in negative termsLaws typically stated in negative terms

““Do not kill”Do not kill” ““Do not cheat on tests”Do not cheat on tests” ““Do not arrive late for class”Do not arrive late for class” ““Do not throw food in the cafeteria”Do not throw food in the cafeteria” ““Do not exceed the speed limit”Do not exceed the speed limit”

Laws do not usually guide us in what we Laws do not usually guide us in what we shouldshould do. do.

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Characteristics of LawCharacteristics of Law

5)5) Laws reveal what society considers Laws reveal what society considers importantimportant

Laws against shoplifting = concern for private Laws against shoplifting = concern for private propertyproperty

Recycling laws = concern for the environmentRecycling laws = concern for the environment

Traffic laws = how society protects its citizens from Traffic laws = how society protects its citizens from harm.harm.

The California Project

Presentations Begin as Agreed!

Death Penalty: Arbitrary & Fallible

ARBITRARY: 1 in 100 convicted murderers sentenced to death Half overturned

FALLIBLE: Innocent people executed Since 1973 = 139 sentenced to death – found

innocent/released, 23 executed.

Death Penalty: Racist, Sexist, Classist

RACIST: Black kills White? 11 times more likely to die than if a White kills Black

SEXIST: 1980-1999, 1% women on death row. 15% of homicides committed by women

CLASSIST: 90% of death row inmates cannot afford an attorney.

http://www.deathpenaltyinfo.org/race-death-row-inmates-executed-1976#defend

The Death Penalty …Not effective in crime preventionMust be consistent and prompt (appeals)States with death penalty do not have lower capital

crime rateDuring the 1980’s

Death Penalty States 7.5 homicides/100,000Abolition States 7.4 homicides/100,000

2008 Homicides/100,000 D.P. States 5.22008 Homicides/100,000 N.D.P. States 3.32008 Homicides/100,000 Overall Rate 5.4

Currently there are 3,279 on death row.

http://www.amnestyusa.org/death-penalty/death-penalty-facts/the-death-penalty-and-deterrence/page.do?id=1101085

International Abolition: in 1977,16 countries had abolished the death penalty for all crimes. By 1988, 35 countries had done so and another 18 had abolished the death penalty for all but exceptional crimes like treason.

As of the end of 2009, 139 countries were abolitionist.http://www.amnestyusa.org/death-penalty/death-penalty-facts/death-penalty-trends/page.do?id=1011572

Execution of Minors: Iran, Iraq, Nigeria, Pakistan, Saudi Arabia and until recently, NH allowed execution of minors.

Costs more than life without parole Single death penalty case (from arrest to execution)

ranges from $1.0 million to $3.0 million per case Life imprisonment averages $500,000 including

incarceration costs CA: D.P = $137.0 million vs. $11.5 million N.D.P. (

California Commission for the Fair Administration of Justice, July 2008)

Most Americans oppose the death penalty if convicted murderers were sentenced to life without parole and were required to make financial some kind of restitution to victims and/or society.

Death Penalty Costs …

TRIAL

Regular

TRIALCapital

$160,058

DefenseAttorney

$385,998

$ 5,105

DefenseInvest.

$ 48,523

$320,116

Prosec.Attorney

$771,996

$ 5,105

Prosec.Invest.

$ 48,523

$ 82,188

Court

$506,408

$ 54,750

+

$821,613

LA JailPrison

$136,875

+

$189,603

$1,448,935

TOTALCost LA

$2,087,926

http://www.worldpolicy.org/projects/globalrights/dp/dp-cost.html

Current Studies:

A study done by the Sacramento Bee argued that California would save $90 million per year if it were to abolish the death penalty. The average cost of a capital trial in Texas is $2.3 million--three times the cost to incarcerate an individual for 40 years. The average cost of a capital trial in Florida is $3.2 million.

Capital Punishment:Are We a Better Society With It … Or Without It?

1972 U.S. Supreme Court declared the death penalty unconstitutional.

1976 U.S. Supreme Court did not disallow new state laws making it legal.

39 states made capital punishment legal 3,279 persons on death row, 1,193 executed since 1976 Average stay on death row = 10 years, 6 months Capital punishment does not make society safer Capital punishment is not a deterrent to crime Capital punishment is more expensive than life.

Capital Punishment:Are We a Better Society With It … Or Without It?

Church position - Death penalty OK when “NO OTHER MEANS OF DEFENDING SOCIETY IS POSSIBLE”

Deterrence means that punishment or fear of punishment can prevent crime Particular Deterrence = An individual who committed a crime in the

past is deterred from committing future crimes. Death penalty passes the test for Particular Deterrence

General Deterrence = Fear of punishment inhibits people in general from committing certain crimes … No conclusive evidence here!

Capital Punishment:Are We a Better Society With It … Or Without It?

Rehabilitation - One of the major goals of the prison system Penitentiary - A place to do penance. To see and understand one’s

errors and return to society as a reformed person. Prisons have a poor record here

More often prisons make criminals feel more victimized, angry, more anti-social

Retribution - Restoring order through punishment, eye-for-eye Restorative Justice - Restore as close as possible to before crime Revenge - Goal is to inflict equal or greater harm (hatred, revenge).

Capital Punishment:Why it Should Be Abolished …

1. Sends a message that we can break cycle of violence2. We need not take life for life, there is a higher means of

punishment3. Statement of our belief in unique worth and dignity of each

person4. God is the author of life5. Example of Jesus - practiced forgiveness of injustice6. Death penalty provides only an illusion of safety and resolution.

Assignment: Position PaperPlease Follow

“Guidelines For Success”

What is the most compelling reason to abolish the death penalty?

Include in your development the Catholic moral philosophy on the death penalty.

Must include two outside, credible sources from my website

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QuestionsQuestionsCommentsCommentsConcernsConcernsProblemsProblems

“Dead Man Walking”