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Capital Punishment


   By Marilyn Cain
Introduction
‱ Growing debate subject in the U.S. and other
  European countries
‱ Definition of capital punishment:
  “The infliction of the death penalty on
  persons convicted of a crime”
‱ Generally, there are two points of views:
  legalizing or abolishing capital punishment
Thesis
‱ Should the U.S. government allow
  capital punishment?
History of Capital Punishment

‱ Adopted from British common laws
‱ By 1960, people requested Bill of Rights to
  state criminal proceeding in capital cases
‱ 1968-1978, Capital Punishment law was
  repealed due to public demand
‱ 5th Amendment authorized the death penalty
Analyzing the Problem
‱   Agreement
    –   Discourages people from committing crimes
    –   Justifiable for atrocious crime (rape, murder, treason)
    –   Prevents criminals from repeating their crimes

‱   Disagreement
    –   The possibility of error
    –   Unfair judgment
    –   Financially cost the government and the taxpayers
Proponents’ Arguments
Discourages People from Committing Crimes

‱ With risk of being sentenced to death, the law
  have criminals thinking twice before making
  an action.
‱ Criminals know they will not be “off the hook”
Justifiable
‱ The United States should not ban capital punishment
  because it is a just punishment that fits horrible
  crimes like murder, rape, and treason and many
  others.
‱ Proponents of capital punishment believe that “A
  prison sentence, even a life sentence without
  possibility of parole, does not adequately avenge the
  cruelest and most calculated murders” (“Update”).
Prevents from Repeated Crimes
‱ “It saves innocent lives by preventing
  convicted murders from killing again”, stated
  Paul G. Cassell (Bedau and Cassell 187).
‱ These criminals may end up carry out a killing
  spree since there is nothing to stop them if
  capital punishment is illegalized.
Opponents’ Arguments
The Possibility of Error
‱ Lawyers and law students have overturned
  many cases’ decision where convicted people
  are innocent of their crimes but sentenced to
  death
Unfair Judgment
‱   The racial discrimination and the gender can effect to the death penalty

                                                  Statistics
‱   Between 1930 and the end of 1996, 4,220 prisoners were executed in the United States; more than half
    (53%) were black.
‱   Between 1930 and 1976, 455 men were executed for rape, of whom 405 - 90 percent - were black.
‱   Of the 3,200 prisoners on death row in 1996, 40% were black.
‱   An exhaustive statistical study of racial discrimination in capital cases in Georgia, for example, showed that
    "the average non-white of receiving a death sentence among all indicted cases were 4.3 times higher in
    cases with white victims.
‱   The killing of a white person is treated much more severely than the killing of a black person. Of the 313
    persons executed between January 1977 and the end of 1995, 36 had been convicted of killing a black
    person while 249 (80%) had killed a white person. Of the 178 white defendants executed, only three had
    been convicted of murdering people of color.
‱   During the 1980s and early 1990s, only about one percent of all those on death row were women even
    though women commit about 15 percent of all criminal homicides. A third or more of the women under
    death sentence were guilty of killing men who had victimized them with years of violent abuse. Since
    1930, only 33 women (12 of them black) have been executed in the United States.
Unfair Judgment (continued)
‱ The killing of a white person is treated much more severely
  than the killing of a black person. Of the 313 persons executed
  between January 1977 and the end of 1995, 36 had been
  convicted of killing a black person while 249 (80%) had killed a
  white person. Of the 178 white defendants executed, only
  three had been convicted of murdering people of color.
‱ During the 1980s and early 1990s, only about one percent of
  all those on death row were women even though women
  commit about 15 percent of all criminal homicides. A third or
  more of the women under death sentence were guilty of
  killing men who had victimized them with years of violent
  abuse. Since 1930, only 33 women (12 of them black) have
  been executed in the United States.
Financial Cost
‱ In terms of economics, it is more expensive to
  execute a criminal than keeping him in prison
  for life.
‱ Taxpayers should not be barring that cost
‱ The money could be used for education and
  the community than on the death of another
Solutions
‱ Alternative to Death Penalty:
  – Life sentence of at least 25 years before being
    considered for parole
  – Work-prison: working inside the prison to pay for
    their own imprisonment
  – Working to raise funds for the victims and
    survivors of violent crimes
Solutions
‱ Increasing the number of juries on capital
  punishment cases
‱ Stop juvenile execution
‱ Educate juvenile prisoners
‱ Increase the number of police officers in the
  law enforcement system
Conclusion
‱ Resulting numerous debates over the morality and
  legality of the death penalty
‱ Should be retained because it discourages people
  from committing crimes, is fair for certain crimes
  such as murder and treason, and it helps preventing
  repeated crimes
‱ Should not be retained because its possibility of
  error, promoting discrimination, and financial cost.
Bibliography
‱   Bedau, Hugo, and Paul Cassell, eds. Debating the Death Penalty. Oxford: Oxford UP, 2004.
‱   Donohue, John J., and Justin Wolfers. "The Death Penality: No Evidence for Deterrence." Death Penality
    Information Center. Apr. 2006. 14 Oct. 2007 <http://www.deathpenaltyinfo.org/DonohueDeter.pdf>.
    Grant, Robert. "Capital Punishment Exacerbates Violence." Current Controversies: Capital Punishment. Ed.
    Mary E. Williams. San Diego: Greenhaven Press, 2005. Opposing Viewpoints Resource Center. Thomson
    Gale. VCCS System - used for scripted access. 15 Oct. 2007
    <http://find.galegroup.com.ezproxy.vccs.edu:2048/ovrc/infomark.do?&contentSet=GSRC&type=retrieve&t
    abID=T010&prodId=OVRC&docId=EJ3010036258&source=gale&userGroupName=viva2_vccs&version=1.0
    >.
‱   Jost, K. (1999, February 12). Plea-bargaining. CQ Researcher, 9, 113-136. Retrieved October 15, 2007, from
    CQ Researcher Online,
    <http://library.cqpress.com.ezproxy.vccs.edu:2048/cqresearcher/cqresrre1999021200>.
‱   "The Case Against the Death Penalty." American Civil Liberties Union. 31 Dec. 1997. 14
    Oct. 2007 <http://www.aclu.org/capital/general/10441pub19971231.html>.
‱   Tucker, Cynthia. “DNA Refutes Case for Bill on Death Penalty: *Main Edition+”. The Atlanta Journal-
    Constitution. 31 Jan. 2007: A.19. ProQuest. Northern Virginia Community Coll. Lib., Alexandria, VA. 16 Oct.
    2007 <http://proquest.com>.
‱   "Update: Death Penalty." Issues & Controversies On File 1 Apr. 2004. Issues & Controversies @ FACTS.com.
    Facts On File News Services. 28 Apr. 2007 <http://www.2facts.com.ezproxy.vccs.edu:2048>.

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Capital punishment

  • 1. Capital Punishment By Marilyn Cain
  • 2. Introduction ‱ Growing debate subject in the U.S. and other European countries ‱ Definition of capital punishment: “The infliction of the death penalty on persons convicted of a crime” ‱ Generally, there are two points of views: legalizing or abolishing capital punishment
  • 3. Thesis ‱ Should the U.S. government allow capital punishment?
  • 4. History of Capital Punishment ‱ Adopted from British common laws ‱ By 1960, people requested Bill of Rights to state criminal proceeding in capital cases ‱ 1968-1978, Capital Punishment law was repealed due to public demand ‱ 5th Amendment authorized the death penalty
  • 5. Analyzing the Problem ‱ Agreement – Discourages people from committing crimes – Justifiable for atrocious crime (rape, murder, treason) – Prevents criminals from repeating their crimes ‱ Disagreement – The possibility of error – Unfair judgment – Financially cost the government and the taxpayers
  • 7. Discourages People from Committing Crimes ‱ With risk of being sentenced to death, the law have criminals thinking twice before making an action. ‱ Criminals know they will not be “off the hook”
  • 8. Justifiable ‱ The United States should not ban capital punishment because it is a just punishment that fits horrible crimes like murder, rape, and treason and many others. ‱ Proponents of capital punishment believe that “A prison sentence, even a life sentence without possibility of parole, does not adequately avenge the cruelest and most calculated murders” (“Update”).
  • 9. Prevents from Repeated Crimes ‱ “It saves innocent lives by preventing convicted murders from killing again”, stated Paul G. Cassell (Bedau and Cassell 187). ‱ These criminals may end up carry out a killing spree since there is nothing to stop them if capital punishment is illegalized.
  • 11. The Possibility of Error ‱ Lawyers and law students have overturned many cases’ decision where convicted people are innocent of their crimes but sentenced to death
  • 12. Unfair Judgment ‱ The racial discrimination and the gender can effect to the death penalty Statistics ‱ Between 1930 and the end of 1996, 4,220 prisoners were executed in the United States; more than half (53%) were black. ‱ Between 1930 and 1976, 455 men were executed for rape, of whom 405 - 90 percent - were black. ‱ Of the 3,200 prisoners on death row in 1996, 40% were black. ‱ An exhaustive statistical study of racial discrimination in capital cases in Georgia, for example, showed that "the average non-white of receiving a death sentence among all indicted cases were 4.3 times higher in cases with white victims. ‱ The killing of a white person is treated much more severely than the killing of a black person. Of the 313 persons executed between January 1977 and the end of 1995, 36 had been convicted of killing a black person while 249 (80%) had killed a white person. Of the 178 white defendants executed, only three had been convicted of murdering people of color. ‱ During the 1980s and early 1990s, only about one percent of all those on death row were women even though women commit about 15 percent of all criminal homicides. A third or more of the women under death sentence were guilty of killing men who had victimized them with years of violent abuse. Since 1930, only 33 women (12 of them black) have been executed in the United States.
  • 13. Unfair Judgment (continued) ‱ The killing of a white person is treated much more severely than the killing of a black person. Of the 313 persons executed between January 1977 and the end of 1995, 36 had been convicted of killing a black person while 249 (80%) had killed a white person. Of the 178 white defendants executed, only three had been convicted of murdering people of color. ‱ During the 1980s and early 1990s, only about one percent of all those on death row were women even though women commit about 15 percent of all criminal homicides. A third or more of the women under death sentence were guilty of killing men who had victimized them with years of violent abuse. Since 1930, only 33 women (12 of them black) have been executed in the United States.
  • 14. Financial Cost ‱ In terms of economics, it is more expensive to execute a criminal than keeping him in prison for life. ‱ Taxpayers should not be barring that cost ‱ The money could be used for education and the community than on the death of another
  • 15.
  • 16. Solutions ‱ Alternative to Death Penalty: – Life sentence of at least 25 years before being considered for parole – Work-prison: working inside the prison to pay for their own imprisonment – Working to raise funds for the victims and survivors of violent crimes
  • 17. Solutions ‱ Increasing the number of juries on capital punishment cases ‱ Stop juvenile execution ‱ Educate juvenile prisoners ‱ Increase the number of police officers in the law enforcement system
  • 18. Conclusion ‱ Resulting numerous debates over the morality and legality of the death penalty ‱ Should be retained because it discourages people from committing crimes, is fair for certain crimes such as murder and treason, and it helps preventing repeated crimes ‱ Should not be retained because its possibility of error, promoting discrimination, and financial cost.
  • 19. Bibliography ‱ Bedau, Hugo, and Paul Cassell, eds. Debating the Death Penalty. Oxford: Oxford UP, 2004. ‱ Donohue, John J., and Justin Wolfers. "The Death Penality: No Evidence for Deterrence." Death Penality Information Center. Apr. 2006. 14 Oct. 2007 <http://www.deathpenaltyinfo.org/DonohueDeter.pdf>. Grant, Robert. "Capital Punishment Exacerbates Violence." Current Controversies: Capital Punishment. Ed. Mary E. Williams. San Diego: Greenhaven Press, 2005. Opposing Viewpoints Resource Center. Thomson Gale. VCCS System - used for scripted access. 15 Oct. 2007 <http://find.galegroup.com.ezproxy.vccs.edu:2048/ovrc/infomark.do?&contentSet=GSRC&type=retrieve&t abID=T010&prodId=OVRC&docId=EJ3010036258&source=gale&userGroupName=viva2_vccs&version=1.0 >. ‱ Jost, K. (1999, February 12). Plea-bargaining. CQ Researcher, 9, 113-136. Retrieved October 15, 2007, from CQ Researcher Online, <http://library.cqpress.com.ezproxy.vccs.edu:2048/cqresearcher/cqresrre1999021200>. ‱ "The Case Against the Death Penalty." American Civil Liberties Union. 31 Dec. 1997. 14 Oct. 2007 <http://www.aclu.org/capital/general/10441pub19971231.html>. ‱ Tucker, Cynthia. “DNA Refutes Case for Bill on Death Penalty: *Main Edition+”. The Atlanta Journal- Constitution. 31 Jan. 2007: A.19. ProQuest. Northern Virginia Community Coll. Lib., Alexandria, VA. 16 Oct. 2007 <http://proquest.com>. ‱ "Update: Death Penalty." Issues & Controversies On File 1 Apr. 2004. Issues & Controversies @ FACTS.com. Facts On File News Services. 28 Apr. 2007 <http://www.2facts.com.ezproxy.vccs.edu:2048>.