Death by Design: Capital Punishment as Social Psychological System

By Craig Haney | Go to book overview

7

Structural Aggravation:
Moral Disengagement in the
Capital Trial Process

"W"hat we want to cultivate is appropriate compassion based on
reasonable judgments.… "W"e need to ask ourselves what the
particular obstacles to appropriate compassion are in our society.

—Martha Nussbaum, Upheavals of Thought: The Intelligence of
Emotions
(2001)

In this chapter I examine some of the ways that the capital trial process itself helps to facilitate the death-sentencing process. Prospective jurors come to the courthouse already having been elaborately prepared to perform the lethal task that the state may ask them to undertake. Exposure to media misinformation, often frighteningly graphic images of stylized violence, and the narrow interpretive frames I discussed in chapters 2 and 3 have shaped many jurors' expectations long before any evidence has been presented. And, as the last two chapters have made clear, death qualification ensures that capital jurors have been carefully selected on the basis of a stated willingness to impose the death penalty in whatever case they believe it is appropriate.

Soon, however, they will be asked to contemplate doing something few if any civilians in our society are ever called on to do. Capital jury service involves more than merely supporting pro-death-penalty policies in the abstract, or voting for political candidates who give voice to the public's anger over violent crime or the desire for retribution in the case of an especially egregious case. Eventually, in the course of a capital trial, citizen-jurors may be asked to go beyond merely making a theoretical commitment to impose the death penalty in some hypothetical situation. Death penalty trials represent a rare moment in criminal jurisprudence in which jurors—not judges—bear the burden of making a sentencing decision that encompasses the stark and profound choice between life and death.

Thus, unlike most citizens, voters, and politicians for whom the death penalty remains a mere abstraction, capital jurors have more daunting psychological barriers to confront and, for some, to cross. Under ordinary cir-

-141-

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Death by Design: Capital Punishment as Social Psychological System
Table of contents

Table of contents

  • Title Page iii
  • Series Foreword vii
  • Preface ix
  • Acknowledgments xvii
  • Contents xix
  • 1: Blinded by the Death Penalty 3
  • 2: Frameworks of Misunderstanding 27
  • 3: Constructing Capital Crimes and Defendants 45
  • 4: The Fragile Consensus 67
  • 5: A Tribunal Organized to Convict and Execute? 93
  • 6: Preparing for the Death Penalty in Advance of Trial 115
  • 7: Structural Aggravation 141
  • 8: Misguided Discretion 163
  • 9: Condemning the Other 189
  • 10: No Longer Tinkering with the Machinery of Death 211
  • Concluding Thoughts: Death Is Different 241
  • Notes 247
  • Index 323
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