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Oxidation kinetic of soot generated from ammonia-acetylene laminar diffusion flame
No full textCo-combustion of ammonia with hydrocarbon fuels and its effect on soot emission characteristics have garnered interest. In this study, the oxidation kinetics of soot generated in a laminar co-flow acetylene diffusion flame were investigated under 30 –800 °C temperature-programmed oxidation and isothermal oxidation at 500°C, 600°C, and 700°C using thermogravimetric analysis (TGA). The evolution of functional groups on soot surfaces and gaseous products were monitored by Fourier transform infrared spectroscopy (FT-IR) and thermogravimetric analysis coupled with infrared spectroscopy (TG-IR), respectively. Results indicate that the activation energy for soot oxidation increases with higher NH3 substitution ratios (XNH₃) and elevated temperatures. Isothermal oxidation tests also show that the oxidation rate constant increases with increasing XNH₃. FTIR results show that increasing XNH₃ reduces aliphatic C–H groups and increases oxygenated groups on soot surfaces. The detected C–N bonds are attributed to dehydrogenation of aliphatic carbon atoms on polycyclic aromatic hydrocarbons (PAHs) surfaces. TG-IR analysis revealed the C–N bonds in urethanes on soot surfaces may release as the gaseous C–N species during low-temperature (500 °C) oxidation of soot particles. Nevertheless, the higher-temperature facilitated the cleavage of C–N bonds, and then the generated NH₂ radicals react with oxygen radicals, leading to the formation of HNO on the soot surface
Team communication actions: Beyond the dichotomy of face-to-face versus virtual interactions in teams
No full textIn this article, we introduce the novel concept of team communication actions, which reflects the actions that team members perform over communication media, shaping the way they interact with each other, such as using written messages or involving multiple participants. This new concept offers a more fine-grained and nuanced understanding of the use of communication media within teams. Modern teams interact through multiple media, combining information and communication technologies (ICTs) with face-to-face interactions. However, the study of ICTs is often associated with teams that exhibit some level of virtuality, overlooking the extensive use of ICTs by all kinds of teams. Additionally, this research has often adopted a dichotomous perspective of ICTs versus face-to-face interactions, grouping all ICTs together and ignoring their unique capabilities. The idea of team communication actions allows these limitations to be addressed by integrating the ideas of relevant computer-mediated communication theories, such as Media Synchronicity Theory and non-deterministic theories of technology, with the teams literature. To achieve this, we also present a list of eight different communication actions and analyse how these can impact several teamwork processes
Belief, certainty and vagueness
No full textWhat is belief and how does it relate to certainty? This paper takes on some of the strongest arguments for views that identify belief with certainty, credence 1 or maximal confidence. It considers an influential version of the position on which the assignment of credences is context-dependent in crucial ways (especially Clarke [2013]), arguing that such a position is not viable. Examining these arguments and approaches in detail is shown to illuminate some key issues about credences and beliefs and the relation between them, as well as elucidating the role of representation in the understanding of beliefs. While rejecting the position that belief is certainty may seem to reopen the threat of arbitrariness and imprecision, I argue that it is essential to our understanding of beliefs to recognise that our belief-talk is vague. In the final section, I explore the nature and role of doxastic states that are borderline beliefs, which I call vague beliefs. Acknowledging the vagueness of the category of beliefs is necessary to reflect the rich and complex pattern of our doxastic states and commitments in the inevitable absence of certainty
Minerva 2 for speech and language tasks
No full textMost artificial neural networks do not directly incorporate a memory of previous experiences, instead using training data to parameterise a model, and then discarding the training data prior to inference. While some recent models have included a memory, this has typically been added to an already highly parameterised model. An alternative option is to use a purely memory-based model, and then add parameters. This has been shown to work for Minerva 2, a simple, non-parametric, memory-based model which has been widely used in the field of human psychology. We revisit the use of Minerva 2 for speech and language tasks, drawing comparisons between Minerva 2 and other architectures, and showing that an iterative process that Minerva 2 uses for inference is a close relative of deep equilibrium models. We assess parameterised models based on Minerva 2, including a sequence model inspired by Minerva 2’s similarity to the transformer architecture, which shows promising results
The Fluid Fourteenth: Brown, Bakke, and Bollinger
No full textDoes race matter in the United States? Or more specifically does race matter in American education? This is, in essence, the question that is currently in front of the Supreme Court, a place and has been for the last 65 years.
That the court is the place where these questions are being answered should not be a surprise. The judiciary has become the most powerful branch of our three-tiered government. Historically a refuge for minorities, in recent years the court has expanded their powers to include systematically redistributing power (to the states), and even a role in the election of our president. What in theory, or at least according to the Constitution, appears to be the least dangerous branch, the judicial, has become the most dangerous branch. The Constitution’s clear separation of powers has been frustrated by the Court, an unelected, undemocratic elite.The Fluid Fourteenth:
Brown, Bakke, and Bollinger
Paul D. Sellers
Political Science Thesis
Gustavus Adolphus College
Gustavus Student Repository
Introduction
"Race matters in the United States"1
Paul D. Sellers
5/27/03
Does race matter in the United States? Or more
specifically does race matter in American education? This
is, in essence, the question that is currently in front of
the Supreme Court2
, a place and has been for the last 65
years.
3
That the court is the place where these questions are
being answered should not be a surprise. The judiciary has
become the most powerful branch of our three-tiered
government. Historically a refuge for minorities, in
recent years the court has expanded their powers to include
systematically redistributing power (to the states), and
even a role in the election of our president. 4 What in
theory, or at least according to the Constitution, appears
to be the least dangerous branch, the judicial, has become
the most dangerous branch. The Constitution"s clear
separation of powers has been frustrated by the Court, an
unelected, undemocratic elite.
1 John Payton, the lawyer who argued the University of Michigan's case to the Supreme
Court in Gratz v. Bollinger.
2 Gratz v. Bollinger/ Grutter v. Bollinger
3 1938 is the year the court ruled on Missouri ex rel. Gaines v. Canada, Registrar of the
University of Missouri, et al. 305 U.S. 337
4 Bush v. Gore 531 U.S._ (2000).
1
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Paul D. Sellers
5/27/03
It is hard to find a historical opinion that does not
suggest that the Civil Rights struggle would have remained
a fruitless struggle, had it not been for the Supreme
Court. Most historians see Brown as both a catalyst and a
contagion for the ensuing movement, and many argue that
Marshall was just as responsible as King for the gains made
in the two decades following the Brown decision.
There is no dispute that once the court decided on
Brown they took it upon themselves (rather than directing
future action to the legislature) to decide the limits and
implementation of their landmark decision. That the future
decisions regarding race and education are to be made in
the courts is a very important fact. Not only are the
courts unaccountable to the public, but they are controlled
by an academically trained few who do not directly
represent the public as a whole.
Most importantly, for a decision to be made in the
court it has to be done upon precedent. This precedent is
nearly always "rooted" in the constitution. Each case must
somehow incorporate precedent, and this precedent must, at
least indirectly, lead back to the Constitution. Every
decision must be made in a manner that reflects, at least
in notation, the language of the constitution.
2
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Paul D. Sellers
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For the court deciding Brown, Bakke, or the University
of Michigan cases, the task of "rooting• a decision in the
constitution is especially difficult. This is because
there is no passage on race and education in our
constitution. In fact, neither "race'' nor "education 11
appears in the constitution.
What has been used as the basis for deciding these
cases is the Fourteenth Amendment. The relevant passages,
or those that which could have been used to decide such
cases, are "No state shall make or enforce any law which
shall abridge the privileges or immunities of citizens of
the United States, • "nor shall any state deprive any person
of life, liberty, or property, without due process of law, •
and "nor deny to any person within its jurisdiction the
equal protection of the laws.•
The wording of the Fourteenth Amendment has not
changed since 1868, when it was added to the constitution.
How is it, then, that the between 18965 and 1954 6 the
meaning of the Fourteenth Amendment could change so
differently?
There was no precedent to reverse Plessy. In fact,
there was only one case of note that could serve to give
5 Plessy v. Ferguson 163 U.S. 537 (1896)
6 Brown v. Board of Education of Topeka 347 U.S. 483 (1954)
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desegregationists any hope for a reversal of Plessy, and
even in that case Plessy was affirmed, albeit grudgingly. 7
In fact, the only true chance the NAACP had of overturning
Plessy in regards to school segregation was they believed
that in the fifty years after the Plessy ruling the culture
had shifted. 8
Eighty-six years later after its enactment the text of
the Fourteenth Amendment had not changed, but the morals,
language, and truth of American society had. Like Plessy
before it and Bakke after it, the Brown decision had less
to do with the law and Constitution than it did with the
questionable social science9 that was included in the now
famous "footnote eleven."
There is nothing in the constitution or in the
historical review of the Fourteenth Amendment that on its
own demands segregation. Legal historian Alfred Kelly, who
helped the NAACP lawyers prepare the Brown brief, later
admitted, "I didn't see a good argument that might be
available to us. ,, io
7 Sweatt v. Painter 339 U.S. 629 (1950)
8 Patterson, 39.
9 Garfinkel, Herbert "Social Science Evidence and the School Segregation Cases."
10 Anderson, Brian C. "Why the Battle for the Court Will Be Nasty"
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But, as Brian C. Anderson, senior editor of City
Journal, argues:
The Warren Court wasn't going to let these
difficulties impede it from doing justice. 'We
cannot turn the clock back to 1868, when the
[fourteenth] amendment was adopted, or even to
1896 when Plessy was written, ' Warren's
opinion for the Court asserted. Instead, the
Court turned to contemporary social psychology
that purported to show that segregation harmed
the self-esteem of black schoolchildren and made
it tougher for them to learn. Therefore, the
Court said, separate wasn't equal in education,
regardless of what the Fourteenth Amendment's
framers intended or the Plessy Court believed. 11
However well-intentioned, this argument advanced no
legal reason to reach its holding. "As a matter of
principled constitutional law, " says Northwestern legal
historian Stephen Presser, "the Brown opinion is almost
certainly indefensible. " 12
James M. Nabrit, an desegregation lawyer and a man who
would go on to become the president of Howard University,
in citing legal theorist Roscoe Pound, stated, "Law makes
l 1 Ibid.
12 Ibid.
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habits, it does not wait for them to grow. " 13 As beautiful
as that sounds, it is simply not true. Just as the
opponents of Roe have not allowed the decision to affect
their stance on abortion, even in the slightest way,
Nabritt in no way was subdued into believing in "separate
but equal" just because Plessy made it so. Widespread
segregation in the South continued after Brown, until
Congress passed the 1964 Civil Rights Act and the 1965
Elementary and Secondary Education Act. These changes were
instituted by the legislation of the people's elected
representatives, not the dictates of unelected judges.
While it is pertinent that the law must at least
appear to be "rooted" in the constitution, the constitution
has nothing to do with the outcomes of these cases. To the
rulings in Brown, Bakke, and in what one can only presume
will come to be known as Bollinger, societal pressure to
rule a certain way makes the law irrelevant. As this paper
will outline, the basis for the decisions in these cases is
in exercising cultural will, not constitutionally based
legal judgment.
13
Patterson, 38.
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Chapter I: The Creation of An Amendment
Paul D. Sellers
5/27/03
"No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny
to any person within its jurisdiction the equal protection
of the laws. "14
In 1857, the highest court in the United States held
that Blacks in America possessed no rights, could never
become citizens of the United States, and that Congress was
powerless to abolish slavery. 15 Less than a decade later,
by way of the bloodiest war America has ever been a part
of, the court was overturned. Within months after the end
of the Civil War the states ratified the 13 th Amendment. It
was beginning to look like Abraham Lincoln's success in the
Civil War had sparked a new era for the Black race in
America.
Soon after the passage of the Thirteenth Amendment, in
an attempt to restrict the freedom of the newly freed
slaves, many southern states passed "Black Codes" that
limited the right to vote, to engage in certain
occupations, and to participate in the judicial system. In
response, the Republicans in Congress passed the Civil
14 Amendment XIV, Section I
15
Dred Scott v. Sandford, 60 U.S. 393 (1856)
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Rights Act of 1866, which guaranteed Blacks equal rights
under the law, damages in cases of intentional
discrimination in employment, and property rights of
citizens. But through intimidation by such organizations
as the Ku Klux Klan, laws were passes that segregated
Blacks from Whites.
The battle continued when the thirty-ninth congress,
which was dominated by Republicans, refused to seat
southern Representatives and Senators. This allowed the
Northerners, who were in control of the congress, to
propose the Fourteenth Amendment, consistent with Article
V's requirement of a two-thirds majority for sending a
proposed amendment to the states.
On January 12, 1866, the Joint Committee on
Reconstruction submitted a proposed amendment to the
Constitution.16 The lawmakers primary reason for proposing
the Fourteenth Amendment may have been to give the Civil
Rights Act power by constitutionalizing it, but they
clearly saw it as doing something more. 17 Their motivations
are best described in the appendix to Justice Hugo Black's
dissent in Adamson v. California.
16 Mendelson, 154.
17 Ibid, 154.
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Presenting for the Joint Committee Ohio Representative
John A. Bingham outlined their initial proposal:
The Congress shall have the power to make all
laws necessary and proper to secure to all
persons in every State within this Union equal
protection in their rights of life, liberty, and
property. 18
This proposal was rejected, but it formed the basis
for the subsequent drafts. When the final draft was
constructed it was taken to both the House and Senate for
approval. Since the south had been effectively shut out of
the debate, Northerners like Bingham and Michigan Senator
Jacob Howard were able to push the limits of the bill and
shape it in a way that would have the longest lasting
effect.
When the Amendment was completed, the congressmen
began the task of selling the proposal to more conservative
Northerners and those from the south who were involved in
the process. Senator Howard used this defense in response
to negative reaction to the measure:
I can hardly believe that any person can be found
who will not admit that every one of these
provisions is just. They are all asserted, in
some form or other, in our Declaration or organic
18 Adamson v. California 332 U.S. 46 (1947) Appendix
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law. But the Constitution limits only the action
of Congress, and is not a limitation on the
States. This amendment supplies that defect, and
allows Congress to correct the unjust legislation
of the States, so far that the law which operates
upon one man shall operate equally upon all. 19
Though the Northern states ratified the Fourteenth
Amendment, it was decisively rejected by the Southern and
border states, failing to secure the three-fourths of the
states necessary for ratification under Article V. The
Radical Republicans responded with the Reconstruction Act
of 1867, which virtually expelled the Southern states from
the Union and placed them under martial law. To end
military rule, the Southern states were required to ratify
the Fourteenth Amendment.
19 Ibid.
10
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Chapter II: Plessy
Paul D. Sellers
5/27/03
"The object of the amendment was undoubtedly to enforce the
absolute equality of the two races before the law. " 20
The arrest of Homer Plessy on June 7, 1892, was part
of a planned challenge to the 1890 Louisiana Separate Car
Act by a small group of Black professionals in New Orleans.
After successfully leading a test case in which the
Louisiana district court declared forced segregation in
railroad cars traveling between states to be
unconstitutional, the committee was anxious to test the
constitutionality of segregation on railroad cars operating
solely within a single state. The committee's strategy was
to have someone with mixed blood violate the law, which
would allow the lawyer for the group to question the law's
arbitrariness. Homer Plessy, a native of south Louisiana
who could "pass" as white, agreed to be the test case. The
committee arranged with the railroad conductor and with a
private detective to detain Plessy until he was arrested.
When Plessy appeared before the Louisiana district
court, the court ruled that a state had the constitutional
power to regulate railroad companies operating solely
within its borders and concluded that the Louisiana
Separate Car Act was constitutional. The decision was
20 Plessy v. Ferguson, 163 US 537 (1896).
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appealed to the state supreme court in 1893 and was
appealed again to the U. S. Supreme Court in 1896.
Justice Henry Brown made a clear and direct argument
in what many realized at the time would become a landmark
case. Citing historical precedent (if a bit obscure and
outdated), Brown establishes the "separate but equal" legal
doctrine that the Plessy decision is known for. One point
Brown specifically makes, as if anticipating a future
challenge, was the correct notation that the same congress
that passed the Fourteenth Amendment required separate
schools for colored children in the District of Columbia.21
The lone dissenter in the Plessy decision was John
Marshall Harlan, Sr. Writing with eloquence and passion
Justice Harlan delivers a morally sound, if not legally
solid, diatribe, leaving no doubts about his views on the
"separate but equal" doctrine. In one of his most powerful
passages Harlan points out what we would consider now to be
an undeniable truth:
In the eye of the law, there is in this country
no superior, dominant, ruling class of citizens.
There is no caste here.
colorblind, and neither
classes among citizens.
Our Constitution is
knows nor tolerates
In respect of civil
rights, all citizens are equal before the law.
21 E&W 625 '
12
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The humblest is the peer of the most powerful.
The law regards man as man, and takes no account
of his surroundings or of his color when his
civil rights as guaranteed by the supreme law of
the land are involved. It is, therefore, to be
regretted that this high tribunal, the final
expositor of the fundamental law of the land, has
reached the conclusion that it is competent for a
State to regulate the enjoyment by citizens of
their civil rights solely upon the basis of
race. 22
22 Plessy v. Ferguson, 163 US 537 (1896).
13
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Chapter II: Brown
Paul D. Sellers
5/27/03
"To separate them from others of similar age and
qualifications solely because of their race generates a
feeling of inferiority as to their status in the community
that may affect their hearts and minds in a way unlikely
ever to be undone. 23
As was briefly touched upon in the introduction, in
1950 the NCAAP's legal wing (the Legal Defense and
Educational Fund, or "the Fund"), under the guise of
Thurgood Marshall, decided to stop pushing for equality
between White and Black schools, and instead challenge the
institution of segregation altogether.24 Marshall clung to
the belief that there was enough sentiment in the North,
and on the court, to achieve his desired result.25
In his book, Brown v. Board of Education, James T.
Patterson spurns this belief and argues that we cannot look
to the White Northerners as the cause of the cultural shift
that had taken place. He cites the Korean conflict,
McCarthyism, and the Cold War as reasons Northern Whites
were disinterested in the "plight of Blacks. " 26 While some
Northerners may have been disinterested in the "plight, "
many were not. One notable exception to Patterson's claim
was President Harry S. Truman.
23 Brown v. Board of Education of Topeka 347 U.S. 483 (1954)
24 Patterson, 21
25 Patterson, 37
26 Patterson, 21
14
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Paul D. Sellers
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In February of 1948, during a most crucial election
year, Truman made a very bold move. He issued a ten-point
civil rights plan for creation of a Commission on Civil
Rights that included measures for an anti-lynching law and
an anti-poll tax, and even included a plan for
desegregating the army. 27
This plan was quickly subdued by conservative southern
Democrats but resurfaced in a most forceful way at the 1948
Democratic National Convention when Minneapolis Mayor
Hubert H. Humphrey took the stage and spoke. He delivered
a forceful, unambiguous call for civil rights. In one
defining part, he called on those who remained ambivalent
about the drastic shift in the Democratic platform by
saying:
To those who say, my friends, to those who say,
that we are rushing this issue of civil rights. I
say to them we are 172 years late! To those who
say, to those who say that this civil-rights
program is an infringement on states' rights, I
say this: the time has arrived in America for the
Democratic party to get out of the shadow of
state's rights and walk forthrightly into the
bright sunshine of human rights! 28
27 "Documentary History of the Truman Presidency ... "
28 Humphrey, Hubert H. Democratic National Convention, Philadelphia, PA, July 14,
1948. http://www.pbs.org/greatspeeches/timeline/
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It is this type of political and social action that
served to embolden Marshall and give him determination, not
anything that was going on in the courts, as Patterson
suggests. 29 Because of this determination, Marshall led
"the Fund" in challenging segregation in four areas:
Charleston, South Carolina,
30
Prince Edward County,
Virginia,
31
Wilmington, Delaware,
32
and the most famous,
Topeka, Kansas.
33
While the four cases were similar in their general
nature (they all called for equal treatment), the Topeka
case was decidedly the weakest. Its plaintiff's daughter,
Linda Brown, went to an all-Black school that was
essentially equal to White schools of its type, and she
took free busing which was only available to Black students
( "For a few White children, this meant paying for public
transportation, being driven to school, or walking thirty
or more blocks"
34
) •
The equality of the educational facilities were not
specifically challenged in Brown, rather, Marshall and the
29 Patterson 21, 23
30 Briggs v. Elliot
31
Davis v. County School Board of Prince Edward County
32 Gebhardt v. Belton
33 Brown v. Board of Education of Topeka 347 U.S. 483 (1954)
34 Patterson, 32
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other lawyers for "the Fund" were arguing that the mere
fact that Linda Brown and the other Black school-age
children had to bus to school was unconstitutional.
The cases moved through the courts, and in 1952 they
landed in the Supreme Court. It was here, in this forum
that Marshall wanted to "go all the way" and challenge
segregation directly. The problem was that there was very
little legal precedent he could draw on to make such an
argument.
It would be very hard for him to take an originalist
approach, as the same congress discussed in Chapter I, who
crafted the Fourteenth Amendment, had passed legislation
supporting segregated schools in the District of Columbia
and those run by the Freedman's Bureau. 35
Where Marshall turned was to social science. He used
studies by psychologist Kenneth Clark to demonstrate that
in the words of President Truman's commission, segregation
left Blacks with "damaged, thwarted personalities. " 36 While
somewhat limited, there was precedent for using social
science data in a constitutional argument. 37
35 Patterson, 39
3 6 Scott, 48.
37 Garfinkel, Herbert. "Social Science Evidence and the School Segregation Cases." (see
page 40 , referring to the "Brandies brief.")
17
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The work that "the Fund" cited was in no way
Paul D. Sellers
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groundbreaking or original. In fact the social science
community had been suggesting such for the last twenty
years.
3 8 If this was truly the "evidence " needed for
over
The Potential Political Involvement of Megachurches in Minnesota
No full textIn the past 20 to 30 years, the growth of megachurches has become a religious and sociological phenomenon. These large churches have become a source of hot debate among some religious studies researchers who discuss the benefits and drawbacks of large churches, whether the service is "authentic," and the future of megachurches and their denominational connections. Researcher Os Guinness writes that, "The church-growth movement represents the most influential movement in the American churches in the 1990s ... years ago the attention was on the Christian Right; today it is on church growth." Management expert Peter Drucker called megachurches "the most important social phenomenon in American society in the last 30 years."The Potential Political Involvement of Megachurches in Minnesota
by
Leslie Wilcox
Political Science Thesis
Professor Chris Gilbert, Advisor
In conjunction with Religion and Politics in America, POL-325
May 25, 2003
Gustavus Student Repository
Gustavus Student Repository
Table of Contents
I. Introduction 1
II. Overview of Megachurches 3
m. The Connection Between Religion and Politics 9
IV. Why Megachurches Could Be Politically Involved 13
V. Why Megachurches Could Lack Political Involvement 15
VI. Case Study 1: Grace Church, Eden Prairie, Minnesota 16
VII. Case Study 2: Mount Olivet Lutheran Church, Minneapolis, Minnesota 25
vm. Conclusion 30
IX. Endnotes 32
X. Bibliography 36
Gustavus Student Repository
I
I. INTRODUCTION
In the past 20 to 30 years, the growth of megachurches has become a religious and
sociological phenomenon. These large churches have become a source of hot debate
among some religious studies researchers who discuss the benefits and drawbacks of
large churches, whether the service is "authentic," and the future of megachurches and
their denominational connections.1 Researcher Os Guinness writes that, "The churchgrowth
movement represents the most influential movement in the American churches in
the 1990s ... years ago the attention was on the Christian Right; today it is on church
growth."2 Management expert Peter Drucker called megachurches "the most important
social phenomenon in American society in the last 30 years."3
In addition to religious and sociological research, megachurches churches have
the potential for political involvement. Jeffery Sheler of U.S. News and World Report
writes that the rapid growth and "the political and religious power" of the huge
evangelical and fundamental megachurches are a "late 20th century phenomenon
unparalleled in American religious history."4
Based on the sheer number of people amassing in one place and belonging to one
group, as well as the possibility of both the strongly evangelical religious doctrine and
captivating clergy influencing the large number of members, it seems logical how
megachurches could have the potential for political involvement and influence.
Megachurches tend to be very conservative in their evangelical theology,5 which most
likely would translate into largely Republican votes.6 However, because large churches
pride themselves on their inviting and comfortable nature in order to appeal to potential
and current members, a divisive ideological (or overtly political statement) might tum
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3
II. OVERVIEW OF MEGACHURCHES
Megachurches are also known as "seeker," "shopping mall,"7 "new," or "sevenday-
a-week"8 churches. The leading research authority on megachurches, Professor
Scott Thumma of the Hartford Institute for Religion Research, has defined megachurches
in his extensive research as sharing the following common characteristics:
1. A congregation that has over 2,000 worship attendees in a week
2. A conservative theological position
3. A charismatic, authoritative senior minister
4. A very active seven-day a week congregational community
5. A multitude of social and outreach ministries,
6. A complex differentiated organizational structure.9
However, even though most megachurches share these common characteristics,
megachurches differ depending on the needs and demographics of the congregation, as
well as the location of the church and clergy leadership.
There are other characteristics of megachurches that also separate them from
smaller, more traditional churches. Many megachurches in the United States do not have
crosses, stained-glass windows, or pews. 10 The lack of religious symbols, some believe,
helps make the church more inviting to all people.11 Some megachurches also offer
other amenities such as hotels, day-care centers, bookstores, coffee shops, health clubs,
music lessons, ball fields, movie theatres, restaurants, retreat centers, and parking lot
shuttles.12 Most megachurch members are Caucasian (outside the South), well educated,
live in the suburbs of large cities, and are in the Baby Boomer generation.13 Many
megachurches have captivating clergy who often wear suits, rather than robes.14
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4
Sermons are easy to understand ad relate to current society.15 Ninety-nine percent of the
megachurches surveyed by Thumma had a male senior pastor. Six percent were AfricanAmerican,
and six percent were from other racial or ethnic backgrounds.16
Because of the large size of megachurches, most of them utilize small groups,
creating a niche for people where the group is specifically focused to the worshiper's
needs. The churches are able to create many small groups and provide something for
most everyone. Because of this, fifty percent of megachurch members said they felt like
a "close-knit family, " which Thumma explained as due to "extensive use of small-group
fellowship in megachurches."17
In summary, megachurches cater to people's specific needs in the congregation
because there are many resources available. Some pastors of megachurches compare the
megachurch phenomenon to free markets and capitalism. Donnie Earl Paulk, pastor of
Cathedral of the Holy Spirit in Atlanta, said:
I become all things to all people. I've got to give them a little of what they
want. I shout and dance a little bit. As we say, I've got to take them to
church ... It's a tough line to walk between, being a cross consumeroriented
spiritual entrepreneur and being a true man of god.18
Charlie Brandshaw, executive pastor of North Coast Church in Vista, California (outside
San Diego), said:
The reasons why churches are getting bigger are the same reasons why
your Costco, your Wal-Mart, our Home Depot and Lowes are expanding
and are successful. .. They're providing what you're looking for in options
and prices, and that's why people are driving by the mom 'n' pop stores.19
Denominational Breakdown of Megachurches
Thumma's latest research on megachurches through the "Faith Communities
Today" project found that one-third of megachurches in the United States are not
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affiliated with a specific denomination or avoid heavy denominational involvement.20
Even if a megachurch says it belongs to a denomination, the ties could be extremely
week.21
5
Table 122 is the self-reported category of megachurches into theological
categories. This table shows that most megachurches are conservative in their theology.23
More on this topic of megachurch doctrine will be discussed later in this paper.
TABLEl
Evangelical 48%
Charismatic 14%
Moderate 12%
Pentecostal 11%
Traditional 8%
Seeker 3%
Fundamental 2%
Other 3%
Numbers of Megachurches
By different counts, there are 500 to 700 megachurches in the United States.24
Researcher John Vaughan estimates there is a new megachurch every three weeks.25 The
numbers of worshipers each Sunday that attend megachurches tell the more drastic story.
There are approximately 2,500,000 weekly worshipers at Protestant megachurches
alone. 26 The average weekly megachurch attendance in 2001 was 3,850.27 In
comparison, the average congregation in the United States has an average weekly
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attendance of 90 in 2000 according to Barna Research Group. 28 In addition, half of all
Protestant churches in 1998 had fewer than 7 5 members.29
Location of Megachurches
The majority of megachurches in the United States are located in the Sunbelt
states (like Georgia, Florida, Texas and Califomia)30 Seventy-three percent of
megachurches are in the South or West, 31 and only two percent are in New England.32
States with the highest proportion of megachurch members in 2002 include Washington
D.C. (2.74 percent of the population), Georgia (1.59), Oklahoma (1.3), Texas (1.28),
Tennessee (1.22), Colorado (1.13), Arizona (1. 12), California (1.08), Minnesota (0.94),
and Oregon (0.90).3 3 According to researcher John Vaughan, Southern Baptist churches
make up twenty percent of all the nation's megachurches. 34 Research done in 2001 by
Vaughn showed Minnesota had 46,051 megachurch members, which ranked it tenth in
h · 35 t e nat10n.
In Minnesota, there are 149 churches with over 1,000 weekly worshipers in the
Twin Cities area, according to Martha Sawyer Allen of the Minneapolis Star Tribune.
36
According to Thumma's 2001 research listing churches of over 2,000 weekly worshipers,
there are 23 megachurches in Minnesota. 37 Most of the megachurches in America are
located in the suburbs outside very large cities. 38 Table 2 shows that almost all of the
megachurches in the Twin Cities metro area are located in the suburbs, and a few are in
Minneapolis.
6
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7
TABLE 2: Minnesota Megachurches
Megachurch Denomination Location Avg. Weekly Attendance
Living Word Christian Center NONDEM Brooklyn Park 8000*
Mt. Olivet Lutheran Church ELCA Minneapolis 6000
Grace Church NONDEM* Eden Prairie* 5000*
Prince of Peace Lutheran Church ELCA Burnsville 4200
Church of the Open Door NONDEM* Crystal 4000
St. Andrews Lutheran Church ELCA Mahtomedi 4000*
Wooddale Church NONDEM Eden Prairie 4000*
The Church of the Risen Savior CATH* Burnsville 4000*
Crystal Evangelical Free Church EF New Hope 4000*
Colonial Church NONDEM Edina 3600
Emmanuel Christian Center AG Minneapolis 3500
Eagle Brook Church NONDEM White Bear Lake 3300
North Heights Lutheran Church ELCA St. Paul 3142
Evergreen Community Church NONDEM Bloomington 3000
Woodland Hills Church BAPT Maplewood 3000
St. Andrews Lutheran Church ELCA Eden Prairie 2530
Calvary Lutheran Church ELCA Minneapolis 2300
The Zion Lutheran Church ELCA Anoka 2000
Hope Presbyterian Church PCUSA Richfield 2000
Hosanna Lutheran Church ELCA Lakeville 2000
Wayzata Community Church ucc Wayzata 2000
St. Philip the Deacon ELCA Plymouth 1878**
Bloomington Assembly of God AG Bloomington 1500**
KEY: Denomination (AG= Assemblies of God, BAPT= Baptist, EF= Evangelical Free,
PCUSA= Presbyterian Church, U.S.A, UCC= United Church of Christ, NONDEM=
nondenominational, ELCA= Evangelical Lutheran Church of America, CATH= Catholic.
Rank is by average weekly attendance.
* These statistics are based not on Thumma' s research, but on the author's phone calls to
the respective churches in May 2003.
** These churches, when asked their average weekly attendance, did not meet Thumma's
standard of 2,000 worshipers per week. However, Thumma included them in his study of
Minnesota churches.
Recent Growth of Megachurches
In the past 20 to 30 years, there has been tremendous growth of megachurches,
from only 10 non-Catholic megachurches in the 1970s to over 500 today.39 Most of the
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members of megachurches come from another denomination (around 80 percent).
Megachurches also tend to attract baby boomers who perhaps are looking for something
other than the traditional church they grew up in, asserts Eddie Gibbs, a professor at
Fuller Theological Seminary in Pasadena, California, who studies church growth and
church renewal.
40
In addition, Gibbs notes, "the growth of the megachurch parallels the
decline of the traditional denominations."41 Others have noted the trend of declining
denominations of the Lutherans, Methodists and Episcopalians because they are
"institutionally weak," meaning they are open to different beliefs and some assert are
becoming too liberal. Reporter Vanessa Ho wrote:
In contrast, megachurches tend to demand strong commitment, though
evangelism and strict beliefs. They bolster worship with a bounty of
classes and prayer groups. They market God well to traditionally
indifferent churchgoers, such as baby boomers and singles.
42
8
Megachurches are both similar and different than more traditional, smaller
churches. In addition, as a group, megachurches definitely have some similar attributes,
but also can differ. As megachurches are growing, their primary task is still the same as
smaller churches - to worship God. Indeed, the style and even the focus may be different,
but megachurches are still houses of worship, with sometimes really big sanctuaries.
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9
III. THE CONNECTION BETWEEN RELIGION AND POLITICS
Religion in Politics
Regardless of membership size, churches have connections to politics in many
ways. Because religion is about one's faith and values, it is obvious how religious beliefs
would be translated into beliefs about political issues and the society in general.43
Americans (about 80 percent!) report their religion affects their lives and their political
decisions.44 Even though different religions differ on the policies and issues they
support, on most issues a person's religion matters more than any other single factor
when it comes to political decisions.45 Researcher Andrew Kohut summarized the impact
as:
Religion has a clear influence on citizens' views of the political parties
and on their choice of party identification. Through both its influence on
party affiliation and on the opinions that citizens hold about important
issues, religion exerts a significant influence on electoral choice.46
Just how well those beliefs are translated and acted upon by an individual depends
on many factors, including the doctrine of the church, the activeness and organization of
the clergy and congregation, and the willingness of the membership to act on issue
stances of the church and/or become involved in politics. People's opinion can have a
direct influence on the agenda and outcome of the government only if they act on them,
by voting, being active in a campaign, and through other political involvements.
Doctrine and Commitment Matters
The doctrine of most megachurches in the United States could be considered
evangelical, according to Thumma' s megachurch study. Mainline Protestants and
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evangelical Protestants are the strongest denominations voting for Republican
presidential candidates and identifying themselves as Republicans.47 Megachurches aim
to bring in people who either are unhappy with the present church home or are looking
for a church and discover something more fulfilling in their lives. If people enjoy going
to these large churches, and the churches take it upon themselves to be warm, welcoming
and responsive to the congregation's needs, people will likely go more often.
People who attend church very frequently in almost any religion are more likely
to be more conservative, influencing their political decisions. Many of the members of
megachurches are committed and frequently are involved in their church more than once
a week. According to the 1996 National Election Survey (NES), 73 percent of committed
evangelicals identified themselves as conservatives.48 Kohut said, "Being a committed
evangelical or a mainline Protestant (committed or not) is associated with a significantly
higher likelihood of being a Republican."49 According to the Pew 1994-1996 surveys
cited in Kohut's The Diminishing Divide, "Committed evangelicals and mainline
Protestants are largely Republican, while their less committed counterparts tilt less
strongly toward the GOP ... Racial and ethnic minorities and non-Christians are largely
Democratic. "50
Evangelical Versus Mainline
While membership at evangelical churches is on the rise, membership in mainline
protestant churches is decreasing. Researcher Robert Booth Fowler clarified how
mainline Protestants have declined in memberships and attendance and their churches,
and that has affected their importance with the Republican Party. Many of their members
could almost be considered as similar to secular voters:
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who seldom attend church but continue to identify themselves as
Methodists, Presbyterians and Baptists and whose politics are often
different from the more religiously committed. Recent analysis suggests
that while faithful old-line attendees remain pretty strongly Republican,
many uninvolved Protestants have become a party of the growing secular
segment of the electorate that leans Democratic. [There has also] been the
modest increase in Democrats among faithful mainline Protestants, who
are now far less Republican than are Protestant evangelicals ... Part of the
explanation may be that old-line Protestants now tend to be socially liberal
even as they remain moderately conservative on economics.51
Differences Between Denominations and Churches
11
Even though religious traditions are very similar in some respects, there still are
differences between individual members of a church when it comes to what policies and
how strongly to support them. Variances depend on the demographics of the
congregation, leadership of clergy, interpretation of the doctrine, etc. Kohut said that "no
religious group is politically monolithic; on most specific questions regarding political
values or public policy, even the most religiously committed groups in the population
display diverse opinions."52 In response to more contemporary issues, Newsweek reporter
Dirk Johnson said, "Even among the faithful, religion scarcely speaks with a single voice,
especially when it comes to war. Polls show the nation is largely split on attacking
Baghdad, and opponents of war, too, often draw on faith. "53
Other Influencing Factors
However, the link between people attending church and then being involved in
politics and voting a certain way is not always so direct; there are several other factors
that many churchgoers as a group already possess. Evangelicals today are largely middle
class and live in the suburbs, two other factors that lead them to vote for Republicans
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based on economic factors.54 In addition, people that go to any church and who are
middle-aged are more likely to vote overaU.55
12
Another factor that determines whether a religious person is involved in political
activity is mobilization. People have to be motivated and then organized to action.
Megachurches have a large amount of strong leadership potential. Resources of money
ad personnel help churches mobilize their large congregations. The circumstances and
issues to become involved have to be appropriate with the church and the congregation.
There needs to be a large consensus of what direction the church should be going for the
congregation to be taking a stand on issue.56
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IV. WHY MEGACHURCHES COULD BE POLITICALLY INVOLVED
Large Group Membership
Megachurches are large membership organizations where citizens come (some
more frequently than others) to hear a message. If the congregation is united for or
against something, they could have enormous organizational and political power because
of the sheer number of voters and mobilization force. According to Thumma, zoning and
land use conflicts have been a major source of dispute where megachurch members are
unified, involved, and a powerful resource in political issues.57 Again, because of the
sheer size of megachurches and the fact that the worshipers come from various
surrounding areas around the home location of the megachurch, they have the ability to
organize. Vaughn wrote, "When megachurch pastors and their congregations speak
about community problems, they are seldom ignored. Make no mistake, megachurches
serve a key role in encouraging all churches within a city to be alert and bold in sharing
the living Christ with the hurting and broken people of the city and its ever-changing
communities. "58 Even Thumma said: "'Mega size has a powerful influence on political
involvement ... their large size makes them able to 'promise' politicians the votes on
Election Day."59
Resources
In addition to their size, megachurch pastors have likely risen to their position and
stature because of resources available such as money and personnel to mobilize, through
strong leadership and organizational skills. Thumma suggests that megachurches are
politically successful and active "because their large size makes them able to 'promise'
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14
politicians the votes on Election Day. I've seen many candidates at all levels cater to
megas in order to win the hearts and votes of lO00's of persons who often vote regularly.
I've also seen quite a few mega pastors able to bend the will of town, county and state
governments just with their well known presence, and a large voting bloc. "60 Doug
Wead, who led outreach to churches in Vice President George Bush's successful 1988
campaign for president, said, "For a political candidate to reach a large number of people,
and not be embarrassed, he can find a pretty good ally in one of those megachurch
pastors ... They know how to communicate, how to use technology, how to organiz e. "61
There are often resources available to organize members (through volunteer
groups) or because many megachurches are already divided into small groups around
members concerns and interests. Thumma also notes that the small groups are sometimes
divided up "intentionally along local electorate lines in order to have a mobile and
responsive voting membership for local town and school board elections."62
Gender and U.S. Asylum Law: Recognizing Rights, Eliminating Inconsistency, Seeking Balance
No full textWomen from a host of nations are being oppressed continually. While the forms of oppression vary from physical to emotional and psychological, the fact remains that the majority of the world, including the United States, is only beginning to recognize the severity and extent of the abuse; few nations have even a simplistic system for dealing with abuse specifically against women Furthermore, the oppression of women, especially in a domestic or ritualistic setting, continues to be perceived as private. In light of the pervasive crimes occurring against women without recourse, present American asylum policy, then, remains inconsistent and contradictory. Only recently has some precedent for women as asylum seekers on the basis of their gender been achieved. The victories that have been won, however, have done little to establish a framework for women to consistently win asylum claims on the basis of well-founded gender persecution.Gender and U.S. Asylum Law: Recognizing Rights,
Eliminating Inconsistency, Seeking Balance
Erin E. Mathern
Political Science Senior Thesis
Gustavus Adolphus College
19 December, 1996
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Immigration has been an issue of constant controversy in
American politics. The ebb and flow of public opinion coupled with the
multi-faceted nature of this issue make it one of the most intriguing and
debated in United States' policy making. Whether the case is actual
numbers of legal immigrants, the status of illegal immigrant children, or
strain on the welfare system caused by immigration, the issue of who is
allowed in and who is kept out of our nation remains unresolved. In the
midst of this immigration quagmire, one issue of particular importance
often gets lost: the asylum and refugee process. With myriad changes
occurring in government and society globally, the number and nature of
individuals seeking asylum in the United States is also continually
changing. With specific regard to female refugees, which constitute
eighty percent of the world's refugee population, the nature of the asylum
process is highly ambiguous.
Presently, asylum in the United States is offered to an individual
who can demonstrate a "well-founded fear of persecution on one of these
five grounds: race, religion, nationality, membership in a social group, or
holding a political opinion." These categories were established by the
United Nations High Commission on Refugees in 1951 and many United
Nations' member states comply with these guidelines. The five categories
are not gender exclusive and women are admitted to the United States
under each of the existing asylum categories. However, in the recent
past, it has been shown that there are certain atrocities and grounds for
asylum occurring the world over that are unique and inherent to women;
these abuses are perpetrated solely on the female gender. They range
1
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from domestic and sexual violence, genital mutilation and tribal ritual,
to jail and imprisonment for transgressing social custom and male
dominance. Human Rights Watch, an international organization
dedicated to the preservation of global human rights indicates,
Women are murdered, beaten, raped, traded as chattel, denied
their independence, and marginalized in many ways - often with
the active participation or deliberate indifference of government
officials. The international human rights principals established
after World War II guarantee civil liberties and fundamental
freedoms for all individuals, yet women have seldom benefitted
from such rhetorical commitments. 1
The mass atrocities occurring against women of the global
community are evident. On an international level, decrees to end this
violence including the United Nations Universal Declaration of Human
Rights2 and a March 1993 declaration calling for the integration of the
rights of women into the United Nations' human rights mechanisms
signed at the World Conference on Human Rights3 have been
established. However, the rhetoric involved in these decrees means little
to the governments of nations who support and advocate subjugation of
women on the basis of culture, religion, or other reasons. In short, the
international declarations are not enforced and women continue to be
1 The Human Rights Watch Global Report on Women's Human Rights. New York: Human Rights
Watch. August, 1995. introduction.
2 This document has been ratified by the U.N. General Assembly and is incorporated into the
human rights policies of many member nations.
3 ''The Vienna Declaration and Program of Action," adopted by the World Conference on Human
Rights, June 25, 1993. This document indicates, '1he human rights of the woman and girl-child
are an inalienable, integral and indivisible part of universal human rights. The full and equal
participation of women in political, civil, economic, social , and cultural life, at the national, regional,
and international levels, and the eradication of all forms of discrimination on grounds of sex are
priority objectives of the international community. Gender-based violence and all forms of sexual
harassment and exploitation, including those resulting from cultural prejudice and international
trafficking, are incompatible with the dignity and worth of the human person, and must be
eliminated. pg.33-34
2
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the world's largest oppressed minority, denied even basic human rights in
many nations.
On a domestic level, the United States is only beginning to
recognize the plight of women globally. While disappearance, torture,
and detention are recognized as human rights violations by the United
States, blatantly gender-based violence such as assault, rape,
subordination, and mutilation are frequently not considered a human
rights violation or a form of persecution.4
One of the few institutions in the United States to acknowledge
violations of human rights is the Immigration and Naturalization
Service's office of asylum and refugees. It is the specific goal of this INS
agency to evaluate claims of asylum seekers coming to the United States
and determine whether they have suffered abuses of their human rights.
However, when evaluating these claims, gender-based attacks and
persecution are often discounted:
Although the presence of gender-based violence distinguished
women's experiences from those of men . . . even if a woman can
prove that she is a victim of gender persecution, she is often
unable to prove that it is on account of one of the five enumerated
reasons. Women who are victimized on account of race, religion,
political opinion, or nationality may be granted asylum, while
women who are victimized because of their gender currently have
no such recourse.5
Some success has come in a few recent landmark cases which
distinguish female victims of gender-based violence as a "social group"
and allow those individuals into the United States under present asylum
law. These cases and the politics leading up to them will be discussed in
4 Bower, Karen. Georgetown Immigration Law Journal. Vol. 7, 1993. pg. 175.
3
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depth later. However, for the most part, gender-based persecution
continues to be deemed a "private" act by the majority of the world.
Subjugation of women is an integral part of ethnic, cultural, and
religious tradition in many nations. The fact that violence against
women in all forms is usually deemed unworthy of international
attention is at the heart of asylum problems encountered within our
borders:
Immigration law has tended to ignore the plight of refugee women.
Lawyers and immigration officers often follow their standard line of
questioning about politics and the personal stories of the women
never come out. Many judges and immlgTation lawyers treat rape
and battery - even at the hands of government officials - as private
acts.6
To begin to understand the scope and scale of atrocities occurring
against women and the need and rationale for fundamental change in
the nature of United States' asylum policies, female persecution can be
divided into three categories.
Domestic and Sexual Violence
Many nations around the world simply fail to protect their female
population from violence both inside and outside the home. Women in
primarily third world nations, including the Middle East and parts of
Asia, Latin, and South America, are subject to domestic and spousal
abuse everyday. In contrast to many other forms of human persecution,
domestic violence is exclusively a private issue for women. The very
5 Bower, pp. 181-182.
4
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nature of domestic abuse and the societal and religious norms that
surround it, coupled with institutionalized male dominance in many
societies make it particularly pervasive for women. For instance, in the
Middle East, northern Africa, and parts of Asia, the Muslim religion and
societal norms relegate women almost exclusively to the private sphere. 7
Furthermore, societal beliefs view domestic violence as normal and
expected in light of male dominance:
In Sub-Saharan Africa as well as Arab-Africa and Middle Eastern
societies, females are the property of males. Upon reaching
puberty, a woman is traded from her father's family to her
husband's family for a brideprice. A woman's chief purpose is to
produce and raise sons and render sexual services to her husband.8
Because she is his property, if he is displeased with her, a husband
may "punish" his wife in any manner he deems fit, including death in
some societies.9 With limited rights as citizens, victims of domestic
violence are left with no recourse and are secluded from a society that
would offer little sympathy anyway. Their status as "partial citizens" and
property of their husbands only exacerbates the problem. These victims
are unable to immigrate to the United States under non-refugee
guidelines because they are not recognized citizens in their home
nations, a prerequisite for immigration. An example involves a
Honduran woman who was repeatedly raped and abused by her husband.
6 Sontag, Deborah. "Asking for Asylum in the U.S., Women Tread New Territory." New York
Times. 27 September. 1993. pg. A1.
7 In Morocco, for instance, The Code of Personal Status, passed in 1958, institutionalizes female
dependency. It is the husband's right to forbid his wife to work, practice polygamy, and kill his wife
if she is caught in an adulterous act.
8 Hoskin, Fran. The Hoskin Report, Genital and Sexual Mutilation of Females. 1989. pg. 66.
9 This is usually practiced when a wife commits a blatant and unforgivable act, like adultery. More
common punishments include severe beatings, starvation, rape, and imprisonment in the home.
5
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Her attempts to garner protection from Honduran law enforcement were
fruitless and she eventually fled to the United States. She was deported
shortly after arrival because she was not technically a citizen of
Honduras and could not demonstrate persecution in line with U.S.
refugee codes. 10
The long-held view the domestic violence is a private and cultural
matter has allowed women to be subjugated at the hands of their own
societies and denied human rights while simultaneously receiving no
international recognition of their abuse:
Nowhere is the effect on international human rights practice of the
public/private split more evident than in the case of domestic
violence which literally happens 'in private.' States dismiss
blatant and frequent crimes, including murder, rape, and physical
abuse of women in the home, as private family matters, upon
which they routinely take no action. Moreover, the state's failure
to prosecute violence against women equally with other similar
crimes or to guarantee women the fundamental civil or political
right to equal protection of the law without regard to sex have
largely escaped international condemnation. 11
Abuse of women in a domestic setting, be it public or private, violates a
majority of the articles of the United Nations Universal Declaration of
Human Rights.
Beyond domestic violence, women often go unprotected outside the
home. Much female persecution, including mass, systematic rape,
beatings, and murder occur in war-ravaged regions. Examples include
former Yugoslavia, Peru, Kashmir, and Somalia where rape is an integral
part of international and internal conflict. The mass rape of women
10WINNews. Spring, 1993. v.19, n.2, pg.27
11 Thomas, Dorothy. Human Rights Quarterly. Feb., 1993. pg.53.
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functions as a tactical weapon in many ways. In Kashmir. for example,
Indian security forces use the threat of rape to intimidate civilians; in
Peru, females who allegedly sympathize with The Shining Path are
targeted by military police. In Bosnia-Hercegovina, thousands of Muslim
women have been raped by Serbian men in an effort to impregnate the
women and inflict shame on their husbands and families. 12
Rape is, perhaps, the most pervasive of crimes against women, not
only because it is often committed on a mass scale, but because it is
nearly always seen as a private act:
Despite its pervasiveness, rape has often been a hidden element of
strife, whether political or military, a fact that is inextricably
linked to its gender-specific character. That this abuse is
committed by men against women has has contributed to it being
narrowly portrayed as sexual or personal in nature, a
characterization that depoliticizes sexual abuse in conflict and
results in it being ignored as a crime. 13
An El Salvadoran woman was seeking refugee status in San
Francisco last year. She had been repeatedly gang-raped by guerrillas
because her husband was a suspected government informant. Law
enforcement in her own country did not offer her protection and,
unfortunately, neither did the United States. Technically, she did not
fall under one of the five categories for asylum. Robert Jobe, a San
Francisco immigration lawyer, indicated, "As it stands now, unless the
rapist said, Tm raping you because you spoke out against the
government,' it is unlikely that the judge would find that she had been
"'Human Rights Watch, pp2-3.
13 Human Rights Watch, pg. 2.
7
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persecuted on account of political opinion. " 14 This case is not only
indicative of the rampant abuse that occurs against women, but also of
the ambiguity and tedious nature of the asylum process for women in the
United States.
Most sources indicate that many public atrocities against women
are allowed to occur because the judicial systems, courts, police, and
politics of many developing nations are controlled by men who have a
vested interest in preserving the subordination of women. This is the
primary reason why women cannot seek restitution against their abusers
and often gain no protection from public-law enforcement. This is also a
striking illustration of the global abuse suffered by women and the need
for increased sensitivity by government and immigration and refugee
projects everywhere, including the United States.
Societal or Tribal Ritual
Many societies scattered on all continents practice rituals whose
primary goal is the subordination and subjugation of women and
recognition of female inferiority. These rituals have many facets and
consequences including service of ancient tribal ritual, ensuring virginity
until marriage, or disposal of unwanted women or widowed wives. What
is disturbing in all cases, however, is the violence with which these
rituals are performed.
14 New York Times. 6 Oct., 1993. pg. A20. A supplementary article indicates that the judge in this
case actually clipped his fingernails during the proceedings, indicating his insensitivity and
disregard for the woman's life.
8
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The first example, dowry death or "kitchen fire" occurs primarily in
India and Southeast Asia. In these regions, women have a single
purpose: marrying and bearing sons for their husbands and families. In
order to be married, the woman's family must pay a dowry to her
husband's family to offset the additional costs of taking her in.
Domestic abuse, as indicated above, occurs frequently in these
relationships. However, the most striking facet of this situation is its
ritualistic nature. If a man dies, or becomes unsatisfied with his wife,
cultural norms deem murdering her as acceptable. This is often
accomplished by dousing the woman in flammable fluid and burning her
to death. This practice allows the husband's family to rid itself of a
financial burden and perhaps claim dowry money from another wife.
The fact that the woman is often burned to death allows the family to
explain her death as an accident, a "kitchen fire."
In some cases, a husband may become angry- or lose interest in his
wife. 15 If this occurs, it is acceptable for the family, under leadership of
the mother-in-law, to torment the woman, physically and
psychologically, until she voluntarily commits suicide.
The example of dowry death gives insight into the ritualistic and
violent nature of female oppression in some areas. It also illustrates the
lack of unity among females that male oppression causes and a blatant
disregard for human rights of women in many countries.
15 This often occurs when the woman has difficulty becoming pregnant, is infertile, or bears
daughters instead of sons.
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Perhaps the most violent and striking example of ritualistic
persecution is female genital mutilation (FGMJ. This procedure is
widespread in Africa and parts of the Middle East and Asia. Reports also
indicate that it is practiced to a small degree in South America. In sum,
between 85 and 1 14 million young girls have undergone the procedure
and two million more are subjected to it each year. 16
FGM has traumatizing consequences, both physically and
psychologically, and its nature qualifies it as "cruel punishment," a
violation of the United Nations Universal Declaration of Human Rights,
even though it is primarily practiced as traditional ritual, not
punishment. Female genital mutilation is a practice in whlch all or part
of a young girls internal and external genitalia is removed. The girl is
usually fully conscious, in most cases no anesthesia is used, and often,
the girl is held down by her own family. Clitoridectomy involves removal
of the clitoris. Infibulation cuts away all external genitalia and internal
organs not implicit for pregnancy. The remaining skin is sewed together
to hide any remnants of genitalia. 17
The practitioner in this procedure is rarely a doctor and is usually
an untrained midwife or village leader. The operation is performed in
squalid conditions which make infection and complications inevitable:
Excision and infibulation are performed on the ground, under
septic conditions, with the same knife or tool used on all girls in
the case of a group operation. In some areas, operators throw dirt
on the wound to stop the bleeding; ashes and pulverized animal
16 Dugger, Celia W., "U.S. Hearing to Decide Rights of Women Who Flee Genltal Mutilation." New
York Times. 2 May, 1996. pg. B6
17 Toubia, Nahib. Female Genital Mutilation: A Call for Global Action. 1993. pg 10.
10
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feces are also used, resulting in fatal infections. Excision by
cauterization is also reported, leaving large infections and scars. 18
In nearly all documented cases, the patient loses consciousness from a
combination of fear and pain during the operation. Long term effects of
this procedure include pelvic infections, scar tissue, retention of urine
and menstrual blood, complications during intercourse, and difficulty
during childbirth. An estimated thirty percent of women undergoing the
procedure die from complications. 19
Though the physical statistics are grim and atrocious, female
genital mutilation is only beginning to gain recognition as a human
rights violation internationally.
Psychologically, FGM also has gruesome consequences. Its main
purpose is to reinforce patriarchy and male dominance. Because it is
practiced almost exclusively on women under the age of 18, it also
ensures virginity until marriage. Through the procedure, the men of the
tribe or village make an indelible mark on their women.
FGM alleviates any chance of female pleasure during intercourse
and ensures that a woman's primary sexual purpose is child-bearing.
Genital surgeries, furthermore, coerce women to accept the authority of
men and suppress dissent against the idea of male supremacy.
The trauma of FGM and its consequences follow women
throughout their lives and, like victims of domestic violence, they have
absolutely no support system:
18 Hoskin, pg. 15
19
Hoskin, pg. 18
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Many women who may be traumatized by their circumcision
experiences, worried about physical complications, or fearful of sex
have no means of expressing their feelings and suffer in silence.
When this pressure reaches a certain level, their condition can
become psychopathological. 20
Due to its potentially fatal nature and roots in patriarchy, FGM is a
blatant violation of human rights and is inconsistent with established
international ethics. It subjugates women and rivals more traditional
violations of human rights such as torture or imprisonment which
unequivocally ensure the victim asylum in many countries including the
United States. In 1993, Canada became the first nation to make genital
mutilation grounds for refugee status.21 Since then, several other
nations have followed this progressive recognition of human rights.
In the United States, the first female to successfully seek asylum
on the basis of genital mutilation, Fauziya Kasinga, won her lengthy
battle with the Immigration and Naturalization Service earlier this year.22
While this case set a precedent for asylum seekers that will be discussed
later, it
Analysis of Federal Registration and Notification Programs for Violent Sexual Offenders
No full textSexual offender registration programs have been implemented in many state governments for a number of years. At the time of President Clinton's signing of the Federal Registration Act in September of 1994, more than thirty states had legislation or proposed legislation in regards to sexual offender registries. These programs were implemented with one main goal in mind: to protect the children in communities where convicted sex offenders may reside by reducing sexual offender recidivism rates.
Registration programs allow law enforcement agencies to supervise and track convicted sexual offenders. The basis of the program is periodic address verifications, an up to date file containing photographs of the offender and fingerprints, and notification standards fulfilled by local agencies when an offender moves into a new area.
The federal registration program, the Jacob Wetterling Crimes Against Children Registration Act and subsequent amendments, have now been in effect long enough to determine whether or not they fulfill the goals of managing sexual offenders in the community and/or reducing recidivism rates. When examining the policy it is important to keep in mind the implications on communities, victims, and offenders.
Sexual offenders are one of the most difficult types of criminals to classify. They are such a diverse group that it is nearly impossible for officials to create workable pedophile profiles. With such a variety of characteristics, treatment programs are often ineffective or neglected. Sexual offender registries are one way of combating the difficulty of sex offender recidivism.
There are, however, several aspects of the registry/notification programs which give cause for investigation. One characteristic which is prevalent among many sexual offenders is that their victims are seldom random. It is more likely that the perpetrator has a relationship with the victim. This factor can be argued to defeat the purpose of sexual registries and community notification. Issues such as substantiative due process and an offender's right to privacy, ex post facto, and retroactivity have emerged in several state courts, leading one to question the constitutionality of the programs.
If the current system is deemed ineffective, there are viable alternatives for the criminal justice community to consider. Alternative models have been implemented to some extent at the state level. These programs, however, often work parallel to the registration/notification programs. It is important to examine the effectiveness closely and carefully to determine what will best accomplish the policy goal of keeping America's children safe and reducing recidivism rates.WASHINGTON SEMESTER PROGRAM
THE AMERICAN UNIVERSITY
RESEARCH PROJECT
ANALYSIS OF FEDERAL REGISTRATION
AND. NOTIFICATION PROGRAMS
FOR VIOLENT SEXUAL OFFENDERS
SUBMITTED BY
NICOLE SAFAR
(GUSTAVUS ADOLPHUS COLLEGE)
I N FULFILLMENT OF THE REQUIREMENTS FOR
COURSE NUMBER 53.412-64 WASHINGTON SEMESTER RESEARCH
PROJECT
FALL 1997
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TABLE OF CONTENTS
CHAPTER I: INTRODUCTION
INTRODUCTION AND HISTORY .............................. 1
RECENT DEVELOPMENTS .................................. 5
RESEARCH QUESTION ..................................... 6
RESEARCH P ROBLEM ...................................... 6
MEASURING EFFECTIVENESS .............................. 7
OVERVIEW OF CHAPTERS .................................. 8
CHAPTER II: LITERATURE REVIEW
OVERVIEW AND PURPOSE. ................................ 9
PEDOPHILE PROFILE. ...................................... 9
CRITERIA FOR DIAGNOSING PEDOPHILES ................. 10
PROFILE OF VICTIMS ...................................... 11
DEFINING RECIDIVISM .................................... 12
A SURVIVAL ANALYSIS ................................... 13
PROBLEMS CONCERNING RECIDIVISM .................... 14
CHAPTER Ill: ANALYSIS OF POLICY
OVERVIEW AND PURPOSE. ............................... 15
IMPLEMENTATION AT THE STATE LEVEL. .................. 15
NOTIFICATION CRITERIA AND FEDERAL POLICY ............ 19
POSSIBLE NEGATIVE EFFECTS ............................ 23
EFFECTS WITHIN THE CRIMINAL JUSTICE SYSTEM ......... 24
CHAPTER IV: POLICY ALTERNATIVES
OVERVIEW AND PURPOSE. ............................... 28
CONTAINMENT MODEL. ................................... 28
COMMUNITY BASED MAINTENANCE MODEL. .............. 29
CHAPTER V: CONCLUSION ................................. 32
CHAPTER VI: APPENDIX ..................................... 33
CHAPTER VII: BIBLIOGRAPHY ............................... 36
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EXECUTIVE SUMMARY
Sexual offender registration programs have been implemented in many state
governments for a number of years. At the time of President Clinton's signing of the
Federal Registration Act in September of 1994, more than thirty states had legislation
or proposed legislation in regards to sexual offender registries. These programs were
implemented with one main goal in mind: to protect the children in communities where
convicted sex offenders may reside by reducing sexual offender recidivism rates.
Registration programs allow law enforcement agencies to supervise and track
convicted sexual offenders. The basis of the program is periodic address verifications,
an up to date file containing photographs of the offender and fingerprints, and
notification standards fulfilled by local agencies when an offender moves into a new
area.
The federal registration program, the Jacob Wetterling Crimes Against Children
Registration Act and subsequent amendments, have now been in effect long enough
to determine whether or not they fulfill the goals of managing sexual offenders in the
community and/or reducing recidivism rates. When examining the policy it is important
to keep in mind the implications on communities, victims, and offenders.
Sexual offenders are one of the most difficult types of criminals to classify. They
are such a diverse group that it is nearly impossible for officials to create workable
pedophile profiles. With such a variety of characteristics, treatment programs are often
ineffective or neglected. Sexual offender registries are one way of combating the
difficulty of sex offender recidivism.
There are, however, several aspects of the registry/notification programs which
give cause for investigation. One characteristic which is prevalent among many
sexual offenders is that their victims are seldom random. It is more likely that the
perpetrator has a relationship with the victim. This factor can be argued to defeat the
purpose of sexual registries and community notification. Issues such as substantiative
due process and an offender's right to privacy, ex post facto, and retroactivity have
emerged in several state courts, leading one to question the constitutionality of the
programs.
If the current system is deemed ineffective, there are viable alternatives for the
criminal justice community to consider. Alternative models have been implemented to
some extent at the state level. These programs, however, often work parallel to the
registration/notification programs. It is important to examine the effectiveness closely
and carefully to determine what will best accomplish the policy goal of keeping
America's children safe and reducing recidivism rates.
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Chapter I
Federal registration programs for convicted sexual offenders are designed to
supervise, track, and monitor the movements of offenders after the designated period
of incarceration. They accomplish this by requiring the registration of every released
offender, annual address verification, and various community notification standards.
These registries are required by law at the federal level, and are intended to reduce
sexual offender recidivism rates.
Introduction and History
The statistics on the growing population of sex offenders in this country are
frightening. In 1980, state prisons held about 20,500 sexual offenders. That number
increased to 63,600 in 1990 and 88,100 in 1994. 1 Based on a 1991 Survey of
Inmates of State Correctional Facilities, one in five violent offenders reported
victimizing a child under the age of seventeen. Seven out of ten of those who
victimized children were imprisoned for rape or sexual assault. In addition, two thirds
of all prisoners convicted on rape or sexual assault charges had victims who were
children. 2
Proper treatment of this increasing number of sexual offenders is a difficult, if
sometimes irreparable task. Variability among individuals makes it challenging to
classify, assess, and diagnose the convicted offenders according to a standard model.
Different personal histories, life experiences and reasons for offending make it nearly
impossible to design a single profile for child victimizers.3 Thus, treatment solutions
are often inappropriate, ineffective, or just plain neglected by correctional institutions.
1 Brown, J.M., Gillard, D.F., Snee,T.L., Stephen,J.J., Wilson,D.J. Corrections Populations In the U.S.,
1994. Washington, D.C.: U.S. Dept. of Justice, Bureau of Justice Statistics June 1996: 10.
'Greenfeld, Lawrence A. Child Victimizers: Violent Offenders and Their Victims. Washington, D.C.: U.S.
Dept. of Justice, Bureau of Justice Statistics March 1996: 3.
' Prentky, R.A., Knight, R.A., Lee, A.F.S. Child Sexual Molestation: Research Issues Washington, D.C.:
U.S. Dept. of Justice, National Institute of Justice June 1997: 3.
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This swell in sexual offenders , the fact that few receive proper treatment, and a
series of highly publicized violent sex offenses committed by repeat offenders has
heightened the public's resolve to stop sexual offenders. In response, a new form of
federal legislation was enacted as part of the '94 omnibus crime bill--the Violent Crime
Control and Law Enforcement Act of 1994.
The specific sexual predator provision is entitled the Jacob Wetterling Crimes
Against Children Registration Act. It is named after Jacob Wetterling, a Minnesota boy
who was kidnapped from his home in 1989 and never returned. The act requires that
each of the fifty states implement a sexual offender registry by October 1997. The
purposes of the state by state registries are to protect the communities by making them
aware of possible dangers, and allow the FBI to develop a nationwide network to aid
in investigations of sexual offenses. Notification programs are ideally intended to
deter offenders and allow the community to aid in law enforcement inquiries.
The Wetterling Act established mandatory state programs with guidelines later
defined by the Attorney General. The law states that any person convicted of a
"criminal offense against a victim who is a minor'' must register with the designated
state law enforcement agency for a ten year period. A "criminal offense against a
victim who is a minor" is defined as:
(A) kidnapping of a minor, except by a parent
(B) false imprisonment of a minor, except by a parent
(C) criminal sexual conduct toward a minor
(D) solicitation of a minor to engage in sexual conduct
(E) use of a minor in a sexual performance
(F) solicitation of a minor to practice prostitution
(G) any conduct that by its nature is a sexual offense against a minor'
' Violent Crime Control Law and Enforcement Act of 1994, Pub. L. No. 103-322, 1994.
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The Act also set up several requirements for the state agencies to follow while
implementing their registries. The first being the duty of a court or prison official to
inform the offender of his or her need to register within three days of release from
incarceration. The offender must be informed of the requirement to update addresses
if he/she should decide to move, and if residency is changed the offender must register
in the new state no less than ten days after establishing residence. The prison or court
official must also obtain fingerprints and a current photo of the person and require
them to sign a form stating all of these procedures had been explained.5 The official is
then required to transfer all information on the offender to the Federal Bureau of
Investigation.
Annual verification of address status is required by the offenders on the
anniversary of the initial registration. Any change in address prior to that date must be
notified to local law enforcement agencies by the registrant within ten days. And a
final requirement held by the Wetterling Act is the guarantee of the privacy of the data.
The bill states "information collected under a State registration program shall be
treated as private data on individuals and may be disclosed only to law enforcement
agencies for investigative purposes ... "6 This specific provision, however, was
modified by a subsequent amendment to the Wetterling Act.
When President Clinton signed the bill into law, he had the support of both
parties and much of the public. The only formal opposition to the predator acts came
from civil liberties organization such as the American Civil Liberties Union. The
president stated "the law should follow those who prey on America's children
wherever they go, state to state, town to town. "'
Two years later, in 1996, the Wetterling Act was amended to include a provision
named after Megan Kanka, a New Jersey girl who was murdered by a sexual
5 Ibid.
'Ibid.
1 Harris, John F. "President endorses sex offender registry." Washington Post 23 June 1996.
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offender. The idea was to expand on state registries and open up the notification
requirement. Megan's Law eliminated the general Wetterling requirements that the
information collected be kept private, and substituted the mandatory language of
Wetterling for mor e permissive language which demands that it is necessary to tell the
public what is needed to protect th em. Megan's Law stated that all relevant
information must be given to the public, not just to specific agencies such as schools
and polic e departments. 8
There are several main aspects of the Wetterling Act and Megan's Law
Am endment. As mentioned earlier, states had a thr ee year limit to implement a
registry/notification program or they would receive a 10% reduction in their Byrne
Formula Grants (block grants allocated for law enforcement ag encies). Registration
information is taken by an officer of the court--prison officer or probation offic er--within
thr ee days of the offenders release. Registrants must remain in the registry for ten
years prior to release from prison, unless they are acquitted or vindicated. State
registration agencies must notify local law enforcement on the release of all offenders
in their area. Periodic address verification is required, and if registrants move they
must report new address within ten days. Criminal penalties would ensue for those
who knowingly fail to comply with registry rules.'
The Megan's Law amendment enhances the Wetterling Act by requiring
community notification as well as agency notification. It is designed so officials can
categorize sexual offenders into three tiers. The first is for criminals deemed least
likely to commit sexual crimes again. The second category deals with those who
perhaps will victimize again. And the final tier is only for those predators who are
highly likely to commit repeat sexual offenses.
Attorney General, Janet Reno, set certain standards in the spring of 1997 to
'Campbell, Bonnie J. Megan's Law, 1997. Washington, D.C.: U.S. Dept. of Justice, Violence Against
Women Office.
0 Ibid.
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assist the states in meeting the October 1997 deadline. The states must make
information about the registered sex offenders available to the public as a whole, not
only law enforcement agencies, governmental I non-governmental interest groups,
school districts, employers, or victims. The information cannot be released on a
discretionary basis. The public has a right to know all that is necessary to protect
themselves and their children. Community notification must not apply only to child
molesters, but other sexual offenders also. Criminal sexual acts between two
consenting adults are not to be a part of the offender registry.10
Reno also gave the states the option on how to comply with notification. It is
permissible for the states to make the information available at the request of the
community, or the state may take an "affirmative" approach and notify neighbors of a
high risk offender entering the vicinity.11 These new requirements may be imposed by
the states on offenders who were convicted prior to the implementation of the
programs.
Recent Developments
A bill introduced to the U. S. House of Representatives on May 20, 1997, has
the intent to close the "loopholes in sex offender registry laws."12 The bill requires the
maintenance in all fifty states and the District of Columbia of sexual registration
programs. It states that those convicted of sex crimes must register not only in their
state of residence, but also in states where they work or attend school. The purpose of
this proposal is to improve records on offenders who regularly cross state lines. Also,
military personal convicted of sexual crimes must register in the state where they are
currently stationed, along with state of residence. And finally, the states must notify the
10 "Justice Department Release Megan's Law Guidelines." FOCH Federal Department and Agency
Documents 7 April 1997.
"Ibid.
12 Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Improvements
Act of 1997, H. R. 1683, 105th Congress.
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U.S. Department of Justice what laws they have passed against stalking children."
Also introduced in May, was a provision which delegates the power of
determining one a "sexually violent predator'' to a designated state board. The boards •
would consist of experts in behavior and treatment of sex offenders, victims' rights
advocates, and representatives of law enforcement agencies. 14
The purpose of these boards is to asses the possibility of an offender
recommitting a sexually violent crime. The risk potential would be used to determine
who should be notified in regards to the offenders whereabouts. Reps. Gutknecht and
Ramstad, both Republicans from Minnesota, believe these guidelines would mesh
well with the Wetterling Act and Megan's Law.15
Research Question
In looking at the effectiveness of this policy, it is important to determine whether
or not the federal registration/notification policy is in fact curbing sexual offender
recidivism. An analysis must provide an answer to the question: Does this policy keep
sexual offenders from recommitting their crimes, thus keeping the children in
communities safe? In addition, the policy must be able to meet the second goal of
constructing a nation wide network to track and convict repeat sexual offenders. Thus,
the analysis must provide further information in response to the question: Is it a
plausible goal to create a national network with which to apprehend repeat sexual
offenders?
Research Problem
Two types of questions surround the Wetterling Act / Megan's Law; the first
13 Ibid.
"Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Improvements
Act of 1997, S. 767, 105th Congress.
15 Aamot, Gregg. "Gutknecht bill offers Megan's Law guidelines." Minneapolis Star Tribune 26 July 1997:
7A.
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concerns effectiveness and the second is grounded in basic constitutionality.
The challenge concerning the effectiveness of the program has one main aspect.
There are discrepancies whether or not a national registry will in fact impede sexual
predators from claiming new victims. Studies have shown that roving pedophiles are
a rare occurrence. Most child molesters have close connections with the families of
their victims and do not travel state to state in search of random prey. It has been
hypothesized that victims are more likely to be abused by a non-registered relative or
family friend.
The second challenge concerns questions of constitutional issues such as the
rights to privacy and substantive due process. Opponents claim that the law violates
the ex post facto clause in the Constitution, along with the V, VII, and IVX Amendments.
Constitutional challenges have argued that the retroactive application violates these
specific provisions designed to protect personal liberties. In 1995, however, the
• Supreme Court decided that the statute could be applied retroactively since it was not
punitive in nature. "
Measuring Effectiveness
The question, does registration and notification achieve the set policy goals
can be answered by looking to the states. Several states have had programs such as
the Wetterling Act and Megan's Law implemented for an extended period (see
appendix). The states use different methods and criteria to implement the programs.
For the most part, a system of general criteria is used among states. 11 An overview of
several different approaches to the Wetterling Act and Megan's Law can be helpful to
determine what factors are working to achieve the policy goal and what is not. This
"Booth, Michael. "State, U.S. rift leaves Megan's Law fate unclear." New Jersey Law Journal 31 July,
1995: 1.
1 1 Arizona, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Minnesota,
Mississippi, Montana, Nevada, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas,
Washington.
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will be discussed in the analysis.
One specific criteria needed to measure effectiveness concerns the states
efficiency at creating an investigative network. The approaches of the fifty states must
be looked at to determine whether or not the creation of a national registry aids in the
investigation and co
Capital Punishment
No full textThe question "Why do some states carry out the death penalty differently than others?" causes much debate in our society. There are fifty states in the United States that may or may not have the death penalty as a legal form of capital punishment. In order to narrow the spectrum of study, I have selected three states in which the death penalty is currently in practice. The states I have selected are: Florida, Georgia, and Texas. These states not only actively enforce the death penalty, but are among those states with the highest capital punishment rates in the country. In studying these states, I have sought answers to what crimes are punishable by death and what killing methods are used within states, how the appeals process works, and what types of people are being executed.Capital Punishment
Brita Johnson
Political Science 99
Professor Gilbert
14 December 1998
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Table of Contents
Introduction
Chapter I.
History and Acceptance
A. History of Capital Punishment in the United States
B. Evolution and Acceptance of the Death Penalty
C. American Attitudes Towards the Death Penalty
Chapter II.
Death Penalty Cases
A. Alvin Ford
B. Martinsville Seven
C. Furman v. Georgia
D. Whitherspoon v. Illinois
E. Estelle v. Smith
Chapter Ill.
Empirical Case Study
A. Death Penalty Selection Process
B. Question, Design, and Research
C. Statistical Analysis
D. Results
Chapter VI.
Crimes Punishable by Death
A. Florida
B. Georgia
C. Texas
Chapter V.
Appeals Process
A. Similarities and Differences
B. Statistics on Sentences
C. Clemency Process
Chapter VI.
Prisoners Sentenced to Death
A. Statistics
B. Characteristics
Conclusion
Bibliography
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Capital Punishment
The question "Why do some states carry out the death
penalty differently than others?" causes much debate in our
society. There are fifty states in the United States that may or
may not have the death penalty as a legal form of capital
punishment. In order to narrow the spectrum of study, I have
selected three states in which the death penalty is currently in
practice. The states I have selected are: Florida, Georgia, and
Texas. These states not only actively enforce the death penalty,
but are among those states with the highest capital punishment
rates in the country. In studying these states, I have sought
answers to what crimes are punishable by death and what killing
methods are used within states, how the appeals process works,
and what types of people are being executed.
Previous works and studies in which the death penalty has
been explored have helped me in answering my own question on
capital punishment. Finding statistics on rates of murder and
offenses punishable by death, pertaining to the states, was
extremely useful to my study . I have also found American
3
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attitudes and opinions concerning capital punishment. Another
important aspect is the historical evolution of the death penalty.
Capital punishment in America and its acceptance through time
may explain current states' uses of execution.
In looking at states' use of capital punishment it is notably
important to see the attitudes of the people that contribute to it.
There are strong opinions for and against capital punishment.
Some people believe that the death penalty is a hope for the
future, to rid the world of criminals; others believe it is a form of
racial punishment. The views of strong social groups can sway
decisions on capital punishment, as well as add to the escalation
of crime in America.
In answering why states carry out capital punishment, it is
significant to focus on a few people, with different cases, who did
receive the death penalty. One case is of Alvin Ford, a mentally ill
man who received death for his crimes . Another case is the
"Martinsville Seven," a group of men convicted of rape who
received the death penalty . Other major cases include Furman v.
Georgia, Whitherspoon v. Illinois, and Estelle v. Smith . These
cases not only had an impact on future cases, but they also
4
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examine the question of who is qualified to decide if another
human being deserves to die.
It has also been useful to look at a empirical study of capital
punishment and its results. This includes the death penalty
selection process, the procedures and practices of the death
penalty and the differences depending on the case or geographical
area where the trial is held.
To discover what type of people are getting executed, I have
looked at statistics for people who have been executed or will be
executed in the different states. This information includes: race,
gender, age, or religion and the biases of juries pertaining to
these factors. This information creates a profile of similarities
and dissimilarities between the individuals on death row.
In answering the inquiry, "Why do some states carry out the
death penalty differently than others," the explanation lies
within a number of factors. These factors include: geographical
area, public attitudes, what crimes are being committed, and what
types of people are being executed.
In answering the above questions, I have been able to discern
some reasons behind the distinct practices in capital punishment
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across states. The dissimilarities and similarities in those
people sentenced for execution and the way they were or will be
executed, along with the capital punishment systems of the
states, helps to display why it is perceived that states carry out
executions differently.
Chapter 1
The history of the death penalty in the United States is an
important asset in understanding the current use of and
abolishment of capital punishment. Some states contend that the
death penalty is not legal under the Constitution. However, cruel
and unusual punishment did not include the death penalty in the
minds of the founders. At the adoption of the Constitution, capital
offenses included piracy, arson, rape, robbery, burglary, and
sodomy (Berger 44 ). In the Constitution itself, the fifth
amendment guarantees, "No person shall be held to answer for a
capital (punishable by death) ... crime, unless on a presentment or
indictment. Or be deprived of life ... without due process of law
(Berger 46)." These provisions premise that one may be deprived
of life. It is also apparent from the fifth amendment, that the
framers recognized the existence of death as a common
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punishment. The first Congress was "not outlawing by the eighth
amendment the right to impose death penalties it simultaneously
recognized in the fifth amendment (Berger 46)." Congress upheld
the existence and right to use the penalty of death throughout the
Constitution. The continued vitality of capital punishment was
illustrated in the Act of April 30, 1790 by the first Congress
(Berger 47). This act made murder, forgery of public securities,
robbery and rape punishable by death and is further evidence that
the Framers did not intend cruel and unusual punishment to
exclude the death penalty.
Although the first Congress held capital punishment as
Constitutional, society has gone through an evolution of
acceptance of the death penalty throughout time. According to
many social scientists, social evolution brings a tendency toward
decreasing the severity of criminal punishments (Gorecki 31 ). In
any society, "a tendency to eliminate dysfunctional components of
social behavior and to select those features of a culture which are
more suited to maintaining the community apparently exists
(Gorecki 33)."
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In maintaining a suitable community there are three
simultaneous developments of social evolution for change. The
first is that society experiences a increasing growth of knowledge
that is both scientific and technical (Gorecki 33). The second
development is of the arts and their spreading appreciation, which
increasingly influences the aesthetics of human behavior (Gorecki
33-34). The third and most important development is that the
population becomes more socialized. Society increasingly avoids
socially harmful behavior, especially aggressive, destructive, or
corrupt activities. Members of the group perform with increasing
effectiveness that is socially useful. This social evolution is also
cultural progress (Gorecki 34-35). An example of social evolution
is of pick pockets in England:
"pick pockets were mutilated to death in England until the
early sixteenth century, tortured less elaborately and killed
during the following three hundred years, and then confined,
often for life, in chains in the prison hulks. Today they face
penalties form probation to a few years under comparatively
humane conditions (Gorecki 35)."
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In England, through cultural progress, death became accepted as a
criminal punishment more humane than torture.
For a criminal punishment to be accepted by society it must
"be imposed for behavior widely perceived as wrong, it must be
applied with the degree of severity widely considered as right,
and it must be applied consistently (Gorecki 74)." For the penalty
of death to be used as a just punishment in any society it must
first be accepted by that society. Studies show that many
Americans believe that crime can be curbed more efficiently by
positive measures that attack the environmental and
psychological roots of criminal activity than by great employment
of force and punishment (Gorecki 89). In the United States, the
rates of executions have declined since 1947 and the number of
abolitionist states have grown (Gorecki 91 ).
Yet even as citizens' views of capital punishment are seen as
leaning towards the abolition of the death penalty, society's
actions are changing those outlooks. This is illustrated by the
change in attitudes towards capital punishment in the 1970's.
With the rise in violent crimes, people felt the courts were not
harsh enough with criminals. The fear of becoming a victim of a
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violent crime caused growth in seeing capital punishment as a
preventative measure (Gorecki 102). In looking at past attitudes
in the United States it is clear that society's outlook on the death
penalty has changed in the past and is still changing today.
American attitudes towards the death penalty are not only
constantly changing, but are in strong opposition of each other.
Many people see the penalty of death as a retribution for
committing a heinous crime. In the case of Tison v. Arizona
( 1987), the justices of the Supreme Court stated that "Someone
who does not intend to commit murder and who does not actually
commit murder can be executed when he or she participates in a
felony that leads to murder and is found to have shown 'reckless
indifference' for human life (Haas & lnciardi 13)." Many
Americans relate to the viewpoint of the court. Human life is
precious and sacred and anybody who disregards that is subject to
punishment. By making the "offender experience what he/she
inflicted on a victim, they must recognize that likeness as a
person (Haas & lnciardi 37)." In experiencing what the victim
experienced the offender is not only being justly punished for
his/her crime, but is forced to think about the individual life
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he/she took and how his/her victim may have felt. It is for these
reasons that people believe that the death penalty is appropriate
punishment for murder under deterrence and retribution.
Others in favor of the death penalty believe that it is not only
a deterrence, but a helpful tool in cleansing the community. In For
Capital Punishment, Walter Burns urges us to reassert moral
responsibility by striking out against violent predators: "By
carrying out our natural, understandable desire to punish the
wicked, we can cleanse the community of evil, reward those who
obey the law, teach law abidingness, and reestablish a true,
selfless 'moral community' (Haas & lnciardi 15)." To those like
Walter Burns, the death penalty is a way to weed out the
undesirables from the population and take a step to ensure a safe
community for the future.
At the opposite end of the spectrum from those like Walter
Burns are the abolitionists. Those against the death penalty argue
that executions have a brutalizing effect on society. Capital
punishment is not a deterrent, but can serve as the contrary:
"Villain identification may justify and enforce violence (Haas &
lnciardi 54)." Society's acceptance of violence in punishment can
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contribute to a violent society. Others are against the death
penalty not because of deterrence or retribution, but because they
feel the punishment of death is inhuman. Americans hear about
horror stories in carrying out the sentence of death. These stories
cause a sense of mercy to prevail over revenge.
The presence of discrimination is also a weighty factor for
abolitionists. Many feel that there is racial discrimination in
sentencing. An example is, "in Georgia, defendants who killed
whites in felony murders were over five times more likely to
receive a death sentence than were killers of blacks (Haas &
lnciardi 117)." Individuals against capital punishment feel that
biases in the jury contribute to discriminatory sentencing against
those that are poor or black.
Discrimination could be caused by a number of factors.
Mandatory voir dire questioning about death penalty attitudes
could predispose jurors to render the death sentence (Haas &
lnciardi 155). Death penalty jurors must also undergo death
qualification in which "prospective jurors are excluded from a
case if their attitudes on capital punishment would preclude them
from being fair and impartial in deciding guilt or sentence (Haas &
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lnciardi 151 )." Another factor is that most jurors are
demographically distinctive. Most jurors are male, white, well
off financially, Republican, Protestant or Catholic (Haas & lnciardi
151 ). Abolitionists are of the opinion that with the above factors
and human prejudices, capital punishment sentencing is neither a
fair nor just form of punishment.
A point of contention between retentionists and abolitionists
is that in carrying out the death penalty there is a possibility of
killing a innocent person. Supporters of capital punishment argue
that improvements in the justice system and multiple levels of
appellate review ensure this will not happen. Opponents of the
death penalty maintain that
"as a result of inherent human moral and perceptual
fallibility, the process of determining guilt in our courts will
always be plagued by cases of perjured (and perhaps
purchased) testimony, false (perhaps coerced) confessions,
with held or missing evidence, mistaken eyewitness
identification, laboratory errors and inattentive, confused, or
prejudiced jurors (Haas & lnciardi 17)."
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The opponents can not just put their faith in a imperfect court
system and trust that a innocent person will not be condemned to
death as the retentionists can. The notions of retentionists and
abolitionists as well as social groups, such as the Catholic Church
Against Death Penalty and the National Coalition to Abolish the
Death Penalty, sway public opinion and in turn the law. The views
of the people directly influence how capital punishment is carried
out.
In looking at how the death penalty is carried out it is
important to look at cases of capital punishment and their
outcomes. The first case is of Alvin Ford. Alvin Ford was raised
in a harsh environment, which is common to many death row
inmates. Alvin's parents were itinerant farm workers and he had
a long history of drug usage and run-ins with the law (speeding,
bad checks, robbery). In July of 1974, Ford and three others were
robbing a restaurant. Alvin was abandoned by his companions,
panicked, and shot and killed a police officer who arrived on the
scene. Ford, a black man, had an all-white jury of ten men and two
women. The community in which the trial was held in had strong
feelings in favor of a prompt conviction and a severe penalty.
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Although it was found that Ford suffered from extreme mental and
emotional disturbances, he was found guilty of first degree
murder and sentenced to death. Throughout Alvin Ford's appeals
process he was examined by many physicians and diagnosed as a
paranoid schizophrenic (Miller & Radelet 65). Although Ford was
in fact mentally ill he was deemed competent for execution and
his sentence was carried out in May of 1984.
The case of Alvin Ford was the case of a mentally ill black
man in a society that wanted him punished. In many states it is
illegal to execute a individual who has been diagnosed with a
mental illness. In Alvin's case his illness was irrelevant because
he killed a police officer in a community which found that
unacceptable. It is not clear whether any racial discrimination
was present in the Ford case. However, it is clear that the
community gave Alvin Ford his death sentence.
While the case of Alvin Ford was about mental
discrimination, the case of the Martinsville Seven was about
racial discrimination. The Martinsville Seven were seven black
men who were charged and convicted of raping a white woman in
Martinsville, Virginia. The guilt of these seven men was not the
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point of debate in the case, the debate was over the sentencing
process. The case was a controversy over racial discrimination
present in the trial. The judge addressed the attorneys to
downplay racial overtones, so the community would not be
disturbed. However, the community was outraged at the
interracial rape and this was reflected in the racial bias of the
jury. The jury consisted of all white men and they gave the
Martinsville Seven the penalty of death. The NAACP tried to
challenge the death sentences based on color sentencing: "The
executions of the Martinsville Seven demonstrated the power of
the Southern legal system to enforce informal codes of racial
behavior" also the Appellate court "uniformly endorsed the
procedures used to sentence seven men to death for a crime which
involved no homicidal intent (Rise 5-6)." The court rejected the
plea of the NAACP because of the heinous nature of the crime and
the overwhelming evidence against the defendants.
The case of the Martinsville Seven was a blatantly racial
case. The men were guilty of rape and not of homicide, which is
the main use of capital punishment. The men from Martinsville
could not get a fair trial in the community in which it was held.
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The racial overtones were heated in the community and strong
pressures for a conviction were rampant. This case illustrates
the power society has over judicial sentencing in communities.
Cases at the Federal level have also had an impact on death
penalty sentencing and how it is carried out in this country. In
the case of Furman v. Georgia, on June 29, 1972, the Supreme
court made a per curium decision to reverse "death penalties
imposed pursuant to four state statutes holding that each of the
penalties was imposed in violation of the cruel and unusual
punishment clause of the eighth Amendment {White 2 1 )." This
ruling immediately spared six hundred prisoners on death row and
invalidated capital punishment legislation in more than forty
states. This case did not outlaw the death penalty, but it made
uncertain what kind of capital punishment system the Supreme
court would approve of. In the case of Furman, the court
interpreted the Constitution in a fashion that was not taking into
account the intent of the framers. The court ruled that the
statutes in four states were in violation of the 8th amendment.
The 1st Congress specifically stated that capital punishment did
not fall under the category or cruel and unusual punishment
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protected by the 8th amendment. The impact on death penalty
conviction was immense and forever altered.
The case of Whitherspoon v. Illinois (1968) also had a vast
impact on the death penalty. In Whitherspoon, the court
invalidated a procedure that played an integral part in the
administration of the death penalty. Prospective jurors could not
be excused simply because they were opposed to capital
punishment, as they had been in the past. The Supreme court
stated that
"under a system of jury discretionary capital punishment, a
venireman may not be excluded for cause because of his views
on the death penalty unless 1 ) his views are unmistakably
clear, and 2) his views would compel him to vote
automatically against imposition of the death penalty or
would prevent him from making the required impartial
determination of guilt or innocence (White 34)."
The court scrutinized the procedural aspects of capital
punishment and limited the prosecutor's right to death by limiting
the jury under discretionary statutes.
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In Estelle v. Smith (1976), the Supreme Court redefined the
nature of sixth Amendment rights. The court extended sixth
amendment rights to include that the defendant is entitled to
Miranda warnings prior to a psychiatric examination and the
defense attorney must also be notified in advance of a psychiatric
examination. The court also broadened the sixth amendment from
only guaranteeing the right for an attorney to be at court
proceedings, to also including the right for an attorney to assist
in all decision making. The ruling in Estelle v. Smith expanded
protection to the mentally ill and created more guidelines in
sentencing cases.
Chapter II
In exploring the variances in the enactment of capital
punishment, it is beneficial to look at an empirical study of death
penalty procedure. A study was done by Barry Nakell and Kenneth
A. Hardy