Capital Punishment
Motion: This house
would abolish the death penalty for all crimes in the U.S.
Background
In the U.S., 15
states and the District of Columbia have abolished capital punishment. Of the 35 "death-penalty states,"
one-third rarely sentence anyone to death and another third impose death
sentences but rarely carry them out. In many states, the only people to be
executed are "volunteers" -- death row inmates who abandon an appeals
process that would otherwise keep them alive. Eighty percent of executions now
take place in the states of the former Confederacy, the vast majority of them
in Texas. Death sentences have also decreased in recent years. One reason is
that states now give juries the power to impose life imprisonment without parole.
Another is that prosecutors advise victims' families that they may be better
off seeking a prison sentence instead of capital punishment. That way, they
will not have to watch year after year as the murderer goes to court seeking to
have the death sentence overturned.
Capital punishment in the United States varies by jurisdiction. In practice it applies only for aggravated
murder and more rarely for felony murder or contract killing.[1] Capital
punishment existed in the
colonies that predated the United States and that were later annexed to the United States under the laws of their mother countries and
continued to have effect in the states and territories they became.
The methods of
execution and the crimes subject to the penalty vary by jurisdiction and have
varied widely throughout time. Some jurisdictions have banned it, others have
suspended its use, but others are trying to expand its applicability. There
were 37 executions in 2008.[2] That is the lowest number since 1994[3] (largely due to lethal injection litigation).[4][5] There were 52 executions in the United States in 2009, 51 by lethal
injection and 1 by electric chair (Virginia).
International
More than two-thirds
of the countries of the world have abolished the death penalty in law or in
practice. While 58 countries retained the death penalty in 2009, most did not
use it. Eighteen countries were known to have carried out executions, killing a
total of at least 714 people; however, this figure does not include the
thousands of executions that were likely to have taken place in China, which
again refused to divulge figures on its use of the death penalty.
In 1977, only 16
countries had abolished the death penalty for all crimes. As of December 2009
that figure stands at 95 and more than two thirds of the countries in the world
have abolished the death penalty in law or practice.
Of the 58
retentionist countries, only 18 are known to have carried out executions in
2009.
The Universal
Declaration of Human Rights, adopted by the United Nations General Assembly in
December 1948, recognizes each person’s right to life. It categorically states
that “No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment” (Article 5). In Amnesty International’s view, the
death penalty violates these rights.
The community of
states has adopted four international treaties specifically providing for the
abolition of the death penalty. Through the years, several UN bodies discussed
and adopted measures to support the call for the worldwide abolition of the
death penalty.
In December 2007 and
2008 the United Nations General Assembly (UNGA) adopted resolutions 62/149 and
63/168, calling for a moratorium on the use of the death penalty. Since then,
other regional bodies or civil society coalitions adopted resolutions and
declarations advocating for a moratorium on executions as a step towards global
abolition of the death penalty.
Arguments for
The death penalty is too expensive
·
A state
study in Indiana showed that capital sentences cost 10 times more than
life-without-parole cases
·
An
appeals case in federal court can cost up to $275,000 and people are allowed to
appeal multiple times, as opposed to the $20,000 it costs to keep an inmate in
prison each year.
·
A December 2009 news article from Lubbock, Texas
revealed that a capital punishment case in the state at the time cost $1
million whereas the average cost of a case devoid of capital punishment is
$3,000. This does not include the cost of appeals in capital punishment cases,
either, which can more than double the cost. Then there is the cost while the
person is in prison. It costs $47.50 to house a criminal in prison in the state
of Texas for one day. If someone were sentenced to life in prison, it would
cost $693,500 to house him or her for 40 years. That is still only a fraction
of the cost of a death penalty court case. Also, prisoners on death row spend,
on average, at least 12 years in prison before they are executed. In Texas,
this would mean an extra $208,050 added to the high cost of the court case and
appeals process.
·
In Florida, budget problems resulted in the
early release of 3,000 prisoners. In
Texas, prisoners serve an average of 20% of their sentences and rearrests are
common. Georgia laid off 900
correctional personnel and New Jersey had to dismiss 500 police officers. Yet these states also pour millions of
dollars into the death penalty. The
costs of the death penalty are decreasing the amount of police on the streets,
and increasing the amount of criminals on the streets, which only increases the
danger for our society
·
In a
small county in Washington, the anticipated death penalty costs are causing them
to delay pay raises to 350 of their employees, let one government position to
go unfilled, and drain their $300,000 contingency fund. In another county in
Washington, $346,000 has been spent to seek the third death sentence for
Mitchell Rupe. He is dying of liver disease, but the state is making extreme
efforts to keep him alive so they can execute him.
Innocent people get killed
There have been 113
people released from death row since the death penalty was reinstated in 1976,
but only 907 executions since that time.
That means that for every 7 executions in the U.S., 1 person has been
found innocent on death row
Case studies of
innocent people on death row:
- Gary Gauger - Illinois - Conviction: 1993,
Released: 1996 --- He was convicted of killing his parents, but was found
innocent after his conviction, when police heard the real murderers
talking about the killing.
- Sabrina Butler - Mississippi - Conviction: 1990, Released
1995: --- Convicted of murdering her nine-month old child. When she found
her baby not breathing, she performed CPR and took him to the hospital.
Even after doing this, the police thought that she was the killer, and she
ended up getting sentenced to death. It is now believed that the child
died of SIDS (sudden infant death syndrome).
- Andrew Golden - Florida - Conviction: 1985, Released:
1995 --- Convicted of killing his wife, even though the prosecution failed
to prove that his wife's death was anything more than an accident. He was
finally released from death row in 1995, "to the waiting arms of his
sons."
It is not effective in deterring crime
·
According
to the 2009 FBI Uniform Crime Report, the South has the highest percentage of
executions (80 percent). Yet from 2001 to 2009, the region saw no significant
drop in its murder rate.
·
In one
study done in Oklahoma, it was found that after Oklahoma resumed capital
punishment, no deterrent effect was found - in fact, a brutalization effect
(increase in homicides) was reported
·
A 1995
poll of police chiefs showed that the police do not believe that the death
penalty lowers homicide rates. In fact, they ranked the death penalty last (1%)
in effective ways to decrease violent crime
·
The
studies and evidence show that the death penalty is not effective in deterring
criminals from committing murders.
Therefore the death penalty is unnecessary and unneeded
The death penalty is racist
·
African-Americans
constitute 12% of the U.S. population, but make up 40% of the prisoners on
death row
·
People
executed for interracial murders:
o
White
defendant/black victim – 11
o
Black
defendant/white victim – 167
·
84% of
victims in death penalty cases are white, although only 50% of murder victims
are white
·
Roughly
98% of our nation’s prosecutors are white
Arguments against
The death penalty is used responsibly
·
Last
year in the U.S., there were over 15,000 murders, yet only 52 of those
murderers were executed.
·
Our
system works in weeding out the people who deserve the death penalty from those
who deserve a different sentence or are innocent
·
We
rarely convict people who turn out to be innocent, but we have parts of our
justice system that allow time for appeals for the truth to be found for when
the original trial is flawed or makes a mistake
We could save money in the long run using the
death penalty
·
It costs
an average of $20,000 per year to keep someone in prison. There are currently 143,000 people in prison
for life or on death row. To keep these
criminals alive and away from society costs almost $2.9 billion a year.
·
If we
are able to execute these murderers and harmful criminals that are going to sit
in jail for life already, then we can save a considerable amount of money
The problem is not the death penalty, it is
the appeals system
·
Obviously,
there is a major problem in the costs and time it takes to go through the
appeals courts
·
The
proper response is not to eliminate the death penalty altogether, but to reform
this system so that we spend less money and waste less time
Quotations
“The evidence on
whether it has a significant deterrent effect seems sufficiently plausible that
the moral issue becomes a difficult one,” said Cass R. Sunstein, a
law professor at the University of Chicago who
has frequently taken liberal positions. “I did shift from being against the
death penalty to thinking that if it has a significant deterrent effect it’s
probably justified.”
Professor Sunstein
and Adrian Vermeule, a law professor at Harvard, wrote in their own Stanford Law Review article that “the recent evidence of a deterrent effect from capital punishment
seems impressive, especially in light of its ‘apparent power and unanimity,’ ”
quoting a conclusion of a separate overview of the evidence in 2005 by Robert
Weisberg, a law professor at Stanford, in the Annual Review of Law and Social
Science.
“Capital punishment may well save lives,” the
two professors continued. “Those who object to capital punishment, and who do
so in the name of protecting life, must come to terms with the possibility that
the failure to inflict capital punishment will fail to protect life.”