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Death Penalty in America,
Legal Studies 485, Spring 2003 |
02-25-03, Group discussion questions
Chapters 11 and 12 address the question of incapacitation; that is, whether the only way to protect society is to execute (and thereby permanently incapacitate) convicted murderers.
1. Following the 1972 U.S. Supreme Court decision, Furman v. Georgia, 558 murderers on death row had their sentences reduced and some were paroled within a few years. If it turns out that incapacitation is the only way to protect society, what would you expect to see about the behavior of these former death row inmates?
2. The authors note that “Custodial officers, psychiatrists and prison administrators feared the release of the Furman-commuted inmates into the general prisoner population.” (p. 168) What were they afraid of? Were their fears borne out?
3. The authors also note that “the greatest fear expressed after the Furman decision was that commuted inmates would someday be released to society and commit more heinous crimes.” (p. 170) Were these fears borne out? Are released murderers more likely to commit new crimes than other released criminals? Be specific.
4. What is recidivism? Were the Furman-commuted murderers more likely to murder again than other murderers? What does this tell us about whether capital punishment is reserved for the “worst of the worst”? In order to address the question of recidivism, what would have to be done?
5. Do these authors conclude that capital offenders are a threat to society? Or, put another way, do capital murderers need to be incapacitated (e.g. executed) in order to protect society? Do you agree or disagree with them? Be specific.
6. How much time do murderers sentenced to a term of years (as opposed to LWOP) actually serve? (p. 180) Do you think juries should be informed about parole eligibility? Should juries be instructed about the difference between a sentence for a term of years and a LWOP sentence?
7. In the introduction to this section, Bedau states “if the results of [deterrence and incapacitation] research are generalizable, they show that, yes, executing all convicted murderers would almost certainly prevent some murders and many other felonies--but only at a terrible cost. Which cost it is better for our society to pay is not a question easily answered...” (p. 134) What is the cost he is referring to? Do you think the cost is worth paying? Explain. Be specific.