The Argument Against Capital Punishment

Presented By:Ellie Wright

Miranda PalmisanoMary GonzalesAshley SuazoAndré Adams

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Current Controversies

Casey Anthony Troy Davis

Current Controversies

Duane Buck

Teresa Lewis

Background

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Capital Punishment Across the World

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The Universal Declaration of Human Rights

Image: http://www.denison.eduArticles: http://www.un.org/en/documents/udhr/index.shtml

Article 3 states, “Everyone has the right to life, liberty, and security of person.”

Article 5 states, “No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment.”

The Constitution of the United States of America

Image: http://www.legendsofamerica.comArticles: http://www.usconstitution.net/const.html#Am5>

Fifth Amendment states, “No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand Jury…nor be deprived of life, liberty, or property, without due process of

law.”

Eighth Amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Movie Clip from American History X

http://www.signis.net/malone/tiki-index.php?page=American+History+X&PHPSESSID=5862c12e1710f20aa7dabda10e73a650

6th Amendment

• “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall

have been committed.”

Bias

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Racial Justice Act 2009

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Women

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Does capital punishment deter crime?

CON:• "[T]here is no credible evidence that the death penalty deters crime more effectively than long terms of imprisonment.

States that have death penalty laws do not have lower crime rates or murder rates than states without such laws. And states that have abolished capital punishment show no significant changes in either crime or murder rates.

– American Civil Liberties Union (ACLU)

• Those who commit crime do not consider consequences of their actions. – Willie L. Williams, Police Chief

• A New York times survey shows homicides in states with Capital Punishment have been 48% to 101% higher than those without the death penalty

Arguable Claim:"Common sense, lately bolstered by

statistics, tells us that the death penalty will deter murder... People

fear nothing more than death. Therefore, nothing will deter a criminal more than the fear of

death... life in prison is less feared.”

- Ernest Van Den Haag, PhD

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Retribution

Cons:• "Retribution is just another word for revenge, and the desire

for revenge is one of the lowest human emotions — perhaps sometimes understandable, but not really a rational response

to a critical situation.”– American Civil Liberties Union (ACLU)

• "We see the death penalty as perpetuating a cycle of violence and promoting a sense of vengeance in our culture. As we said

in Confronting a Culture of Violence: 'We cannot teach that killing is wrong by killing.'”– U.S. Catholic Conference

• How will one be able to repay a life lost of discovered that a mistake was made?

• Americans must rethink how to safeguard the country without bartering away the rights and privileges of the free society that

we are defending.– The New York Times

Arguable Claim:“Society is justly ordered when each person receives what is due to him.

Crime disturbs this just order, for the criminal takes from people their lives, peace, liberties, and worldly goods in

order to give himself undeserved benefits.”

-J. Budziszewski, PhD

Irrevocable MistakesCons:

• Capital Punishment is suppose to be sentenced if the crime was done BEYOND A REASONABLE DOUBT. Yet,

the claim states that no just system can produce results which are 100% certain.

• "...Since the reinstatement of the modern death penalty, 87 people have been freed from death row because they were later proven innocent. That is a demonstrated error rate of 1 innocent person for

every 7 persons executed.– Russ Feingold, JD

• Anthony Graves was convicted of the 1992 mass murder of six people. His conviction was overturned in 2006 and he waited for years for a retrial. On Oct. 27, 2010, he was released after the Washington-Burleson County District Attorney concluded, "He’s an innocent man. There is nothing that connects Anthony Graves

to this crime.”

• Issues such as is the death penalty race related then become questionable

Arguable Claim:"...No system of justice can produce results

which are 100% certain all the time. Mistakes will be made in any system which relies upon

human testimony for proof. We should be vigilant to uncover and avoid such mistakes. Our

system of justice rightfully demands a higher standard for death penalty cases.

-Steven D. Stewart, JD

Life Without Parole (LWOP)

Raymond Paternoster

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LWOP

Cost

Ensuring Justice

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LWOP

Protection of the Public

Ensuring the Innocent are not executed.

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Summary