HONR 385
"The Death Penalty in America"
Lecture Questions

Part 1

Lecture Questions 1
"The Death Penalty in the Past"

1. Watt Espy's article on the history of executions in Louisiana says which method of execution has been used most often?

2. What are some of the other methods used since colonial times in Louisiana?

3. What methods were applied to the 1754 mutineers?

4. What did Henry Wirz do to become "the executed warden?"

5. From what you read of him, do you think he deserved a death sentence?

Review: Article 1, "Louisiana's Last Hanging"
 

Lecture Questions 2
"Three Centuries of Debate"

1. When did reformers began to argue for the abolition of the death penalty?

2. In the English Parliament paper, why did the writer argue the death penalty must be used "steadily and impartially?"

3. When did Cesare Beccaria say the death penalty should be used?

4. What did Beccaria think of the execution itself?

5. What alternative penalty did he argue for?

6. Why does John Stuart Mill argue for the death penalty?

7. What does Mill think of the quality of justice in English courts?

8. Horace Greeley argued that the death penalty should be applied in only one circumstance. When was this?

9. What were his arguments against the death penalty?

10. What does Judge Crowe mean in calling the murderer an "anarchist?'

11. What hypothesis does he propose to test the deterrent effect of executions?

12. Defense attorney Clarence Darrow gave some explanations of why the murder rate was higher in the United States than elsewhere. What reasons did he give?

13. What two reasons did he give in calling capital punishment "vicious?"

14. What does Darrow mean by a "more humane criminal code?
 

Lecture Questions 3
"The Death Penalty and Justice"

1. What is the basic position of the Progressive editors on the death penalty?

2. What evidence of cruelty do they cite?

3. What is Sister Helen Prejean's "nightmare" story?

4. What evidence of unfairness in the application of the death penalty do they set forth?

5. When the Chicago Tribune looked at Illinois's capital sentences, what problems did it identify?

6. What does the case of "Leroy and McCorquodale" mean to Ernest van den Haag?

7. What does he argue is the purpose of punishment?

8. Does innocence matter?

9. What if some guilty murderers escape punishment?

10. How does revenge differ from retribution, and justice from charity?

11. John Kavanaugh's article emphasizes the importance of depersonalization. Explain his argument.

12. What moral principle of self-defense does he argue?

13. What crimes does Michael Bradbury, the Ventura County District Attorney, argue deserve the death penalty?

14. How does he respond to criticisms of error and poor representation in capital trials?

15. Peter Berger discusses the grounds on which both conservatives and liberals could oppose the death penalty. Explain.

16. Why does he call the death penalty "an act of torture?"

17. From Pat Buchanan's article, discuss the claims of justice versus mercy as they applied to the case of Karla Faye Tucker.

18. So why is retribution a good thing, in his argument?

19. Marvin Wolfgang dismisses several arguments against the death penalty; which one does he say is the most logical in support of capital punishment?

20. What is his point about corporal punishment today?

21. Is the death penalty a "proportionate sentence?"

22. Can you find support for the idea that "the death penalty is too easy on the criminal?"
 

Lecture Questions 4
"Effectiveness and Fairness"

1. How does Jay Johansen show that the death penalty deters homicides?

2. Notis and Hunter, in the following two-part article, take different views. What are Notis's arguments?

3. Comparing death penalty to non-death penalty states, what do the statistics show?

4. In the second part, what findings did Michael Radelet present?

5. Wesley Lowe says, "The states that have capital punishment have it because of their high crime rate...." Do you think this is true?

6. What deterrent effect of the death penalty does he cite?

7. What point does he use the example of South Africa to make?

8. How would Lowe make the death penalty more effective?

9. Explain Paul Rosenberg's "cycle of violence."

10. Explain the so-called "brutalization effect."

11. Among Rosenberg's "illuminating questions," which one appears most significant to you?

12. In William Tucker's argument, contrast crimes of passion and felony murder.

13. Tucker, who is pretty hard on liberals, blames them for what most significant social trend?

14. In Steven Landsburg's analysis, with whom is the murderer contrasted?

15. What did Isaac Ehrlich's cited research show?

16. What relevance would this research have to public policy?

17. Why does Eugene Methvin believe that the likelihood of wrongful executions is less than ever before?

18. What attention did Roger Coleman attract?

19. What does Methvin mean by a "judicial war against the death penalty?'

20. What is Clarence Page's response to the argument that setting the innocent free from
death row shows that "the system works?"

21. Richard Cohen argues that tinkering with the death penalty will not have as much effect as some people think, and wrongful executions will still occur. What are his arguments?

22. The Washington Post editorial on DNA discusses the case of Kenneth Walters; what was so unusual about his case?

23. What does Greg Easterbrook see as the future of DNA testing?

24. When is DNA testing useful, according to Easterbrook?

25. How could extensive use of DNA testing increase the use of the death penalty?

26. According to Mark Costanzo, how would a murderer go about avoiding the executioner?

27. What does he mean in calling capital punishment "an elaborate, costly charade?"

28. What did the Friends Committee find when it looked at the issue of racial discrimination in the imposition of capital punishment?

29. How does Dudley Sharp explain away what appears to be serious racial discrimination in regard to both black offenders and black victims?

30. With whom do Ellis and Fiorenza compare the mentally retarded, in their article about Texas legislation to prohibit executing the retarded?

31. Cathleen Herasimchuk, a former prosecutor, opposed the same bill. What point did she make about criminal responsibility in general?

32. What specific objections did she have to the legislation as written?

33. What is the significance of the title, "Struck by Lightning?"

34. For what non-homicidal crimes was the death penalty once used?

35. What similarities do Louisiana's electrocuted rapists share?

36. What do you notice that was different about the execution process then, in comparison
to now?

37. What observations about the rapists electrocuted in Louisiana might you have?
 

Lecture Questions 5
"Women and Juveniles"

1. What did Antoinette Frank do to get her death sentence? Does the penalty seem inappropriate to you?

2. Compare the cases of Pamela Perillo and Karla Faye Tucker in Texas. Why did they get death sentences?

3. Why don't more women get death sentences? Why don't we execute the ones who do get them?

4. From Table 5.2, what do women do to get on death row?

5. Tell me the story of Toni Jo Henry, the only woman ever electrocuted in Louisiana.

6. Why was she such a good candidate for the electric chair?

7. What do you notice that was different about her trials and confinement, in comparison to how it would be today?

8. How would you describe her attitude about her life and her crime, from what you read? How important was her relationship with Cowboy Henry?

9. What would be different about her case if she were being tried today?

10. What is the theme of Lane Nelson article, "Killing Kids?"

11. What did Dalton Prejean do to get his death sentence?

12. What is the U.S. history of executing juveniles?

13. What do legal guidelines provide now about executing juveniles?

14. How frequently are juveniles being sentenced to death and actually executed today?
 

Lecture Questions

Part 2

Lecture Questions 6
"The Death Penalty in the Legal System"

1. What did Thurgood Marshall mean by, "Death is different?"

2. Considering these elements--the crime, the defendant, prosecutorial discretion, the
expertise, the cost, the legal complexities, the political symbolism, the length of the process, and the execution event itself--how is death different?

3. What did Gregg v. Georgia provide?

4. How do we get from nearly 20,000 homicides to 300 death sentences each year?

5. What seem to be the most important variables in this process?

6. Explain the difference between "systemic" and "crime/criminal" variables.

7. How would you determine which jurisdictions are most likely to produce above average numbers of death sentences?

8. What are some ways to determine "who is the meanest of them all?"

9. How is Table 3.1 (the meanness ratio) constructed; that is, what variables does it
consider?

10. According to this table, what are the meanest states? Is this surprising?

11. How does the meanness ratio correlate with the homicide rate?
 

Lecture Questions 7
"Legal and Medical Issues"

1. What is the AMA position on physician participation in executions?

2. Do prison physicians agree with this position?

3. What part do doctors play in the execution?

4. Do you see an ethical problem here?

5. What is the issue in Lane Nelson's article, "Enlarging the Circle?"

6. What do current guidelines provide about the death penalty for rape?

7. What is a "volunteer?"

8. Should an inmate on death row be allowed to waive his appeals and be executed immediately?

9. Is consensual execution a form of suicide? What did the Angola inmates respond when surveyed?

10. What happened with the case of Thomas Grasso?

11. What do you notice about Table 8.1, the volunteers for execution? What do you see similar about these men?

12. What is the current practice in America on organ donation by death row inmates?

13. What is the practice in China? What do Chinese officials do to facilitate organ donation?

14. Why is Paul Jernigan remembered?

15. What does the opening line from Shakespeare mean, in "Killing the Lawyers?"

16. What was the role of the death penalty resource centers?

17. What did politicians think about these centers?

18. What problems does the abolition of these centers create?

19. What was the reaction of the staff of the Louisiana resource center?

20. What were the death penalty provisions of the Anti-Terrorism and Effective Death Penalty Act (1996)?

21. What is the basic intent of this law?
 

Lecture Questions 8
"Living on Death Row"

1 . How did Antonio James get to death row (in "Unbalanced Justice")?

2. What was James's appeal and pardon board hearing based on?

3. In the interview, what did James say had made it possible for him to survive on death row?

4. What was his life like, when he was on the streets?

5. How would you describe his attitude, facing execution?

6. What is the theme of "Tragedy," about the life of John A. Brown, Jr.

7. What were some of the key events affecting the direction of Brown's life?

8. Why do you think he got the death penalty for his crime?

9. Brown apparently did not expect to be executed when he was. Why not?

10. How does Les Martin's poem, "Sensory Anguish," open?

11. What is the overall tone of this poem? What sense of life on death row do you get?

12. Tell me an image from this poem that sticks in your mind.

13. What is the meaning of Lawson Strickland's title, "Truce?'

14. What feature does he say dominates his cell?

15. How does he get by living on death row?
 

Review: Articles 3 and 4, "Dance with Death" and "And Then You Fall Off"

Lecture Questions 9
"The Execution and the Executioners"

Review: Articles 5 and 6, "The Deathmen" and "Death Penalty Regulations"

Lecture Questions 10
"Odd Thoughts and Moral Concerns"

1. What does James McCloskey think of the federal courts, in "One Man's View?"

2. At one point he compares the death-sentenced to lepers; what does he mean?

3. What kinds of inmates does McCloskey seem most interested in?

4. What two cases does he cite specifically?

5. What point does he make about prosecutors seeking the death penalty?

6. What is David Marcantel's position on the death penalty?

7. Whose case does he focus specific attention on?

8. What question does he pose at the end?

9. What is the premise about the condemned man's opportunity in "Any Last Words?" How is his situation different from anyone else's?

10. Look through the quotations. Which of them strikes you as most distinctive and memorable?

11. How would you characterize the last words of the men executed in Louisiana?
 

Review: Article 7, "Done Is Done"

Lecture Questions 11
"The Future of Capital Punishment"

1. What was significant about the execution of Rainey Bethea?

2. What accounts for the popularity of the death penalty in the South today?

3. What did Frederick Hoffman attribute the high murder rate in the South to, in 1928?

4. To what do other scholars attribute high levels of interpersonal violence in the South?

5. Where does the South stand historically, in regard to the death penalty?

6. What is the most deadly state?

7. What do people think of the traditional philosophical justifications of the death penalty?

8. What do I identify as the three main features of the emergent death penalty ethic in the South today?

9. So what is the overall social purpose of the death penalty?

10. Why is the death penalty said to be mostly a symbolic act?

11. What does it take to have a "death pocket?"

12. In Lane Nelson's review of executions carried out in 1997, do any of these executions stand out to you?

13. How did Louisiana's execution law change in 1997?

14. What recent developments in the death penalty laws of Iran, Peru, and Jamaica does Lane Nelson discuss in "Far-Off Places?"
 

Review: Articles 8, 9, and 10: "Cost to Kill," "Death and Deterrence," and "Knowledgeable Choices"