Arbitrariness and Discrimination under Post-Furman Capital Statutes

1980 ◽  
Vol 26 (4) ◽  
pp. 563-632 ◽  
Author(s):  
William J. Bowers ◽  
Glenn L. Pierce

Drawing on a wide variety of data sources, this study examines arbi trariness and discrimination under capital statutes in Florida, Georgia, Texas, and Ohio, which are responsible for roughly 70 percent of the. death sentences imposed nationwide in the five years following the United States Supreme Court's Furman decision. It finds that there are gross dif ferences in the treatment of potentially capital offenders by race of of fender and victim and by judicial circuits within states. These are (1) inde pendent of aggravating felony-related circumstances, (2) present at both presentencing and sentencing stages of the criminal justice process, (3) uncorrected by the postsentencing appellate review process, (4) unaltered by the form and restrictiveness of capital statutes among states, and (5) remarkably similar to the best documented patterns of differential treat ment by race of offender and victim under pre-Furman capital statutes, now ruled unconstitutional. These findings show that the present system of capital punishment is inconsistent with the constitutional standards of the Furman and Gregg decisions of the United States Supreme Court, but is instead consistent with historically prevailing extralegal influences which compromise and displace the legally prescribed functions of such punishment and are an enduring source of arbitrariness and discrimina tion.

1987 ◽  
Vol 15 (2) ◽  
pp. 177-188
Author(s):  
C. Robert Showalter ◽  
W. Lawrence Fitch

In its landmark opinion in Ake v. Oklahoma, the United States Supreme Court enunciated a broad right to psychiatric assistance for criminal defendants who raise the defense of insanity or whose mental condition is relevant to sentencing in a capital case. Recognizing such assistance as essential to the proper functioning of the adversary process in cases in which an issue concerning the defendant's mental condition has been raised, the opinion may be read to pose an ethical dilemma for the psychiatrist who regards his or her assessment as objective and, hence, not a proper subject for adversarial presentation or inquiry. The authors contend, however, that rather than inviting psychiatrists to compromise their objectivity in these cases, in fact the Supreme Court's ruling challenges psychiatrists to demonstrate and assure their objectivity by revealing and explaining the bases for their opinions, thereby enhancing their utility in the criminal justice process and, ultimately, their credibility in the minds of the public.


Author(s):  
Elizabeth A. Linehan

The risk of executing innocent persons is a decisive objection to the institution of capital punishment in the United States. Consequentialist arguments for the death penalty are inconclusive at best; the strongest justification is a retributive one. However, this argument is seriously undercut if a significant risk of executing the innocent exists. Any criminal justice system carries the risk of punishing innocent persons, but the punishment of death is unique and requires greater precautions. Retributive justifications for the death penalty are grounded in respect for innocent victims of homicide; but accepting serious risks of mistaken executions demonstrates disrespect for innocent human life. United States Supreme Court decisions of the 1990’s (Coleman v. Thompson and Herrara v. Collins) illustrate the existence of serious risk and suggest some explanations for it.


2003 ◽  
Vol 65 (1) ◽  
Author(s):  
Cynthia A. Orpen

Since the United States Supreme Court held the capital sentence of mentally retarded John Paul Penry to be constitutional in Penry v. Lynaugh, the relationship between capital punishment, mental retardation and the Eighth Amendment has been widely debated. In a long awaited opinion, the Court finally held that the Eighth Amendment categorically prohibits the execution of the mentally retarded. In Atkins v. Virginia, the Court overruled its holding in Penry, and recognized that capital sentences imposed on the mentally retarded constitute cruel and unusual punishment in violation of the Eighth Amendment. Although this appears to be a victory for the mentally retarded and their advocates, the real effect of the decision will depend largely on how the states apply the Atkins holding.


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