Education major factor in determing who dies in death row cases

[Elphaba]

Who Will Die?: Computer Predicts Which Death Row Inmates Will Be Executed

Capital punishment is legal in 36 states, but that does not necessarily mean all of the condemned will be executed. Some will languish behind bars for life and others may actually be exonerated and set free. Now researchers say they have built a computer system that can predict with 92 percent accuracy which death row inmates are most likely to be executed, a development they hope will lead to a fairer appeals process.

According to the system, the death row inmates most likely to be executed are those with the lowest levels of education. The researchers, from Texas A&M University–Texarkana and Loyola University New Orleans, report in the International Journal of Law and Information Technology, that neither the severity of the crime nor race—the latter of which is often cited as a key factor in convictions—are reliable forecasters of a prisoner's fate.

continued in link

Elphaba

[utcowboy]

I wonder, does that mean that the more education you have the more you know how to manipulate the system?

[prisonchaplain]

This finding is absolutely in line with my intuition. I've described it differently, but with the same idea. IMHO, capital sentences are far more likely for those from cultures that do not work well in court room settings. For example, if you have been taught your whole life to be a survivor, that you must be respected or you will be perceived as weak, that to apologize for small infractions is a sign of weakness, and that if you are scared you'd better feign bravado and courage instead--then to many jurors and judges you will appear aggressive and unrepentant.

On the other hand, those raised to be calm, careful, apologetic when wrong ("Say your sorry, and shake hands") etc., will come across as humble and truly sorry--rehabilitatable.

How this effects the justice of capital punishment? IMHO, it may be okay if the occasional educated convict manipulates the system for a lighter sentence. On the other hand, if it appears that innocent defendents of poor education are wrongly convicted, or that guilty convicts receive consistently excessive sentences...that could mean we need to evaluate the basic fairness of our system.

[Islander]

This finding is absolutely in line with my intuition. I've described it differently, but with the same idea. IMHO, capital sentences are far more likely for those from cultures that do not work well in court room settings. For example, if you have been taught your whole life to be a survivor, that you must be respected or you will be perceived as weak, that to apologize for small infractions is a sign of weakness, and that if you are scared you'd better feign bravado and courage instead--then to many jurors and judges you will appear aggressive and unrepentant.

On the other hand, those raised to be calm, careful, apologetic when wrong ("Say your sorry, and shake hands") etc., will come across as humble and truly sorry--rehabilitatable.

How this effects the justice of capital punishment? IMHO, it may be okay if the occasional educated convict manipulates the system for a lighter sentence. On the other hand, if it appears that innocent defendents of poor education are wrongly convicted, or that guilty convicts receive consistently excessive sentences...that could mean we need to evaluate the basic fairness of our system.

PC, I am inclined to agree with you.

I would also note that we are still struggling with deep rooted and at times unconscious bias. This is socially learned behavior that it is not easy to escape. Research also indicates that racial makeup is a significant factor in sentencing. My theory is that it may not be intentional but the impact is visible. Minority and poor suspects receive significantly longer sentences for the same felony class offenses than white defendants. There are too many variables to consider and there is currently no judicial theory that can satisfactorily explain the disparities.

We remain locked in a culture of "accountability" which is rooted in the political nature of the administration of justice. "The "if they break the law lock them up" kind of approach. We need to move to a culture of inquiry. Research based theory and experimental design for solution centered approaches is what we need. We keep throwing money at the issues but it may be futile. We do not understand the issues and nobody wants to admit it. We keep trying the same old tired strategies in an insane attempt to obtain new and positive results. It is a loosing battle.

Edited July 5, 2008 by Islander

[prisonchaplain]

Worse yet...we know some approaches to rehabilitation work, but then the politics of revenge set in, and we decide there's not enough money for such programs.

Case in point, Unicorp (Federal Prison Industries) was a great success. Inmates learned marketable job skills, and had much lower return rates, once they got out. The products they produced could only be sold to government agencies, but they were a mandatory source for some of them.

This program worked. It absolutely succeeded at reducing crime and rehabilitating criminals. But alas, there were small to medium-sized companies out there that lamenting the unfair system. They couldn't even compete for those jobs, and their employees had broken no laws. Over time the mandatory became voluntary, and then, in some cases, Unicorp was not allowed to bid ("prison labor" vs unemployed civilians with families, after all).

So the real kicker in this discussion is that even if we could find all the answers, we might not, as a society, be willing to implement them.

[VisionOfLehi]

I think education is a major factor in ALL things.

For instance, an African woman with just a 3rd grade education is TREMENDOUSLY less likely to have children she can't take care of.

---

I think we need to take care of it at it's source. I like the concept PC was talking about, for the rehabilitation, but it REALLY has to start sooner than that.

The ones more likely to commit crimes in the first place are likely those without a successful education. I know there's probably statistics out there to back this up, but I'm too lazy to get them today.

But it's for a long time been my belief that the majority of the world's problem arise from being unfair to the next generation: Not educating them, not protecting them, not disciplining them, not instilling morals (Note: not religion, just morals), etc.

[Moksha]

I have notice from TV, that those with a lot of money frequently can get themselves acquitted of murder and other crimes and that when sentenced, they receive a lighter sentences and serve in a nicer facilities than those without money.

[prisonchaplain]

Moksha, can't change the money part...but in line with Visions pro-education post, I would add something you make reference to...less TV. Our kids need less screen time (including video games). More play, and more reading...less easy stimulation.

[Fiannan]

Sorry to spoil the "Let's cuddle a crook" thread but there are a few more things to consider...

First, rehabilitation works okay with drug and property offenders -- probably with offenders who are spontaneous, not habitual, criminals as well. On the later category that would even include someone who murders someone in a heated argument at a bar or catches a spouse with another person. In reference to drugs, most of the drug offenders should probably not even be in jail in the first place. People who steal or cheat on their taxes are not criminals who actually scare me in the sense of being a danger to life or limb. These people are generally the type of people who, in the old days in England, got shipped off to Georgia (pre-Revolutionary War) or Australia.

Second, people who rape, molest kids or do pre-meditated violent acts have a low rate of rehabilitation. These are people who, in the past, weren't exiled to distant lands but were executed. No big deal.

Third, let's not try to make race a big issue here. Most crimes involving non-whites are commited against other non-whites. That is usually not pointed out in articles dealing with sentencing. Also, I suspect that statistics can also get distorted by looking at these cases on a national level and not statewide. Most of the states that don't have the death penalty also have low percentages of non-whites. We could possibly conclude that in such states there is probably going to be less emphasis on punishment since the socio-cultural composition of the state is generally more liberal -- due in part to what areas of Europe settled the region. So if Skip steals a car in Minnesota he might get an easier sentence due to the prevailing attitudes of the people there than if Lamont steals a car in Mississippi even if the judge and jury in Mississippi might be totally black.

[Elphaba]

So you want rehabilitation? According to the BeeGees, "We should be Dancin' . . . "

And according to the CEBU prison in the Phillipines, the BeeGees are right.

Inmate 'Thriller' Video Is Web Hit

By PAUL ALEXANDER

The Associated Press

Thursday, August 9, 2007; 3:08 PM

CEBU, Philippines -- Behind thick stone walls topped by electrified razor wire, one of cyberspace's most unlikely hits is already warming up as the rest of Cebu stirs from sleep.

Pockets of inmates stretch and practice their latest moves. Then the morning workout gets under way in earnest in the exercise yard of the Cebu Provincial Detention and Rehabilitation Center.

In their identical orange prison uniforms, up to 1,500 march and clap in unison as they perform precision dance routines with the Village People's "In the Navy" and "YMCA" pounding from six well-worn black speakers.

And why not? Their version of Michael Jackson's "Thriller" had been watched nearly 4.4 million times on YouTube as of Thursday, uploaded by Byron Garcia, the Cebu provincial security consultant who came up with the idea of adding structure to poorly attended exercise sessions.

Inmates with arms covered in tattoos and baby-faced guys who might have been gang members on the outside gyrate next to one another. They all seem to be enjoying themselves or at least taking pride as their sandals and tennis shoes slap in unison on the gray concrete. They laugh when they screw up, applaud when they get a new sequence right.

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Continued on link. Hint: Don't click on the link provided in the article. It doesn't take you to the song in question. Click this link instead.

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Chances are you've already seen this on YouTube. I never tire of it, and think it is a great way for despondent and defeated people to get a lift, if only for a small part of their lives.

Elphaba

[Elphaba]

Sorry to spoil the "Let's cuddle a crook" thread but there are a few more things to consider...

First, rehabilitation works okay with drug and property offenders -- probably with offenders who are spontaneous, not habitual, criminals as well. On the later category that would even include someone who murders someone in a heated argument at a bar or catches a spouse with another person. In reference to drugs, most of the drug offenders should probably not even be in jail in the first place. People who steal or cheat on their taxes are not criminals who actually scare me in the sense of being a danger to life or limb. These people are generally the type of people who, in the old days in England, got shipped off to Georgia (pre-Revolutionary War) or Australia.

Second, people who rape, molest kids or do pre-meditated violent acts have a low rate of rehabilitation. These are people who, in the past, weren't exiled to distant lands but were executed. No big deal.

Third, let's not try to make race a big issue here. Most crimes involving non-whites are commited against other non-whites. That is usually not pointed out in articles dealing with sentencing. Also, I suspect that statistics can also get distorted by looking at these cases on a national level and not statewide. Most of the states that don't have the death penalty also have low percentages of non-whites. We could possibly conclude that in such states there is probably going to be less emphasis on punishment since the socio-cultural composition of the state is generally more liberal -- due in part to what areas of Europe settled the region. So if Skip steals a car in Minnesota he might get an easier sentence due to the prevailing attitudes of the people there than if Lamont steals a car in Mississippi even if the judge and jury in Mississippi might be totally black.

Do you have references for any of the above? I'm not saying you're necessarily wrong about some of the issues you raise--I just want to see credible evidence for it.

Also, are you saying you disagree with the International Journal of Law and Information Technology conclusions?

Elphaba

[Bookmeister]

I was working on this big, long argument about education levels, economic opportunities, crappy defense lawyers, etc, but instead...........

1. No education, no decent job opportunity.

2. No decent job, no decent money.

3. No decent money legally, then get money illegally.

4. Add in anger and rage, an environment in which you're surrounded by other people just like you, where you see the most aggressive people get the most money and "stuff", then sit back and wait to see what happens.

Once you're charged with a crime that sets you up for execution......

1. No money to hire a private lawyer and pay for a proper defense team, so....

2. You get the 2 years out of law school public defender, or....

3. The mostly drunk private attorney appointed for $200 to handle the case (with an additional $200 if you end up actually going to trial) by the court, and...

4. No money to hire investigators, to challenge evidence (especially scientific evidence), to locate potential defense witnesses......

And you're going up against the entire prosecutor's office, all the police, all the outside experts, and at the same time listening to this appointed lawyer that you don't trust at all......

Of course the poor, stupid people are more likely to be executed.

Now, I'm nothing remotely approaching a liberal sort of fellow, but if the criminal justice system is going to work at all, people have to be on something approaching a level playing field. OJ Simpson won because he had the resources to battle the state of California on it's own turf. If the case had involved OJ Simpson, school janitor, the trial would have lasted a week and he would have spent the rest of his life in prison.

It seems pretty simple to me. Education equals money, and legitimate money means a much smaller chance of ever being executed for a crime.

I realize there there are no absolutes, so please don't read this as if there are. I know there are exceptions to the rules...LOL.

[prisonchaplain]

While I largely agree with Bookmeister, here's where I differ. The playing field does not have to be even approximately equal between rich and poor. It does, however, have to be adaquate for the poor. In other words, OJ's acquittal is not important. Rather, if demonstrably innocent poor/uneducated folk are, with some consistency, being found guilty, then we have a serious problem.