Getting Away with Murder, Or Not

1. Getting Away with Murder, Or Not Higgins O’Brien Spring 2012

2. “Prison is Too Good for Them” • A 2008 poll conducted by the National Opinion Research Center showed that 2/3 of citizens believe the courts are “too soft” on crime • This contrasts with the 1990's, when about 85% of the public believed the courts were fair

3. The Insanity Defense • The first insanity trial occurred in 1724 England, when a shooter believed imps were keeping him awake at night • Courts have always struggled with defining “madness” • The McNaughten rule • The defendant must understand the act • The defendant must know that it is wrong • These early rules were very broad, and many offenders were successful in claiming insanity

4. The Insanity Defense continued • The assassination attempt on President Ronald Reagan was a major turning point • John Hinkley Jr. believed that killing the President would win the affection of actress Jodie Foster • Hinkley was successful in his plea of insanity • 76% of the public felt justice had not been served • Many reforms took place • The prosecution no longer has to prove that the offender is sane, it now rests on the defense to demonstrate insanity • Must have clear and convincing evidence

5. The Insanity Defense continued • Despite public opinion, less than 1% of defendants attempt an insanity plea • Of these cases, only 26% were successful • Offenders attempting to lie and escape punishment do exist, but the majority of insanity defenses are for individuals with severe and legitimate mental issues

6. Capital Punishment • The death penalty has been, and continues to be a huge debate in the United States

7. Capital Punishment continued • There are many public misconceptions about sentencing and release • Politicians who support the death penalty often gain strong support from the public • Key issue in the successful Presidential campaigns of George Bush Sr. and Bill Clinton • There is still a considerable debate on what crimes warrant death (first degree murder, second degree murder, rapists)

8. Capital Punishment continued • Most scientific research points toward the death penalty having no effect on murders • No more likely to deter crime than life imprisonment • But despite a lack of deterrence effect and the expensive cost of trials, capital punishment remains popular • Supporters cite retribution, “an eye for an eye”

9. Racial Discrimination inCapital Punishment?

10. Racial Discrimination inCapital Punishment?

11. Capital Punishment continued • DNA testing and other scientific advancement has had a tremendous impact on the criminal justice system • Much more certainty in whether an offender is innocent or guilty • Homicides have dropped in recent years, and so has the number of inmates on death row (3,200 in 2008)

12. Punishing Juvenile Murderers • Even before the death penalty was abolished for minors, very few were ever executed in the U.S. • States differ in law, but the most severe punishment is juvenile life without parole eligibility (JLWOP) • There are about 2,500 inmates incarcerated for life under the age of 18 • In 2010, the U.S. Supreme court abolished JLWOP for non-homicide offenses

13. Epidemic Thinking and Overresponse • Public opinions, perceptions, and attitudes are usually driven by high profile events • These high profile events are usually the rarest and most extreme cases • Child abduction has always remained very low, but “epidemics” appear every few years • Mass media can exaggerate, and link items together that may have no real relation • The idea that “bad things come in threes”