The
conditions are controlled in part by key decisions:
•What types of
victims are deemed so worthy that their slayers shall be executed?
•What types of
persons will be deemed appropriate for execution?
•Under what
conditions will the executions take place?
Many
variables determine the PACE. At the most basic level are variables that
involve the dignity of the execution process. These include family
visitation before the execution, the method of execution and other
"gallows manners." For example, in some jurisdictions it is
politically imperative to execute with the maximum display of anger and
revenge i.e., using the electric chair or hanging. In other
jurisdictions, the politically mandated facade of humane behavior calls
for the use of lethal injection. Some jurisdictions use the most brutal
methods of execution as a political palliative for society's desire for
many executions. Such jurisdictions may not execute many people, but
they do it in spectacular fashion. In other jurisdictions, the condemned
are "put to sleep" by lethal injection. This method provides a
"humane" facade for executions and may mask an unusually large
number of executions.
The
political environment in a particular state is instrumental in
determining the total number of executions, the spacing of the
executions and their timing. Upcoming elections, the citizens'
discontent with the government's efforts to control crime, and a host of
other variables unrelated to the functioning of a rational criminal
justice system come into play.
In
comprehending the idea, it is important to further understand the
universe of applicants eligible for the PACE. The relevant factors
include:
•The types of
crimes for which persons are sentenced to death and the types of crimes
for which persons are executed (two very distinct categories);
•The ratio
between the number of people being sentenced to death and the number of
people who are actually executed;
•The procedural
safeguards provided by the statutes of various jurisdictions;
•The safeguards
that are actually. judicially implemented in the various jurisdictions;
•The number of
death-eligible persons under the laws of the various jurisdictions;
•The demographic
identities of the persons charged in capital cases and those convicted
and executed;
•The
victim/defendant identities in cases where defendants are capitally
charged, convicted and executed;
•The limiting
mechanisms in the system which are used to achieve -- without exceeding
-- the PACE (such as the requirement of a governor's death warrant or an
attorney general's letter before an execution date is set).
The number
of variables goes on, ad infinitum. All are related to political
considerations.
The PACE,
which determines more than anything the number of actual executions in a
particular state, is not always controlled by statewide factors. A
county may use its PACE goals to diminish the number of death eligible
persons in the state's universe, however the PACE goals of one
particular county cannot change the PACE for the state. In a like
manner, the entire country's view of the PACE may have some diminishing
impact on the actual number of executions in a particular state, however
this national view cannot increase the number of executions in a state.
A particular state's PACE is controlled by state political
considerations.
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