THE DEATH PENALTY. ICCPR Article 6:"no one shall be arbitrarily deprived of his life" The...

THE DEATH PENALTY

ICCPR• Article 6:"no one shall be arbitrarily deprived of

his life" • The death penalty:

– Only for the most serious crimes– Not be imposed on pregnant women– Not imposed on those who were under the age of 18

at the time of the crime. • Article 7:"no one shall be subjected to torture or

to cruel, inhuman or degrading treatment or punishment.«

• 1989 Optional Protocol banning death penalty

History of death penalty

• The Bloody Code: 1690-1820 England and Wales

• The USA also adopted the bloody code• 1972 Supreme Court ban on death penalty• 1976 Supreme Court reinstated death penalty• Pro-death penalty judges have changed their

minds

USA

USAExecutions by State

State Total

Executions Executions

in 2014 Executions

in 2013 Executions

in 2012 Executions

in 2011 Executions

in 2010

Texas 518 10 16 15 13 17

Oklahoma 111 3 6 6 2 3

Virginia 110 1 1 3

Florida 89 8 7 3 2 1

Missouri 79 9 2 1

Alabama 56 1 6 5

Georgia 54 1 1 4 2

Ohio 53 1 3 3 5 8

North Carolina

43

South Carolina

43 1

Arizona 37 1 2 6 4 1

Louisiana 28 1

Arkansas 27

Mississippi 21 6 2 3

Indiana 20

Used only for capital murders

Death penalty in the World

Death penalty in the world

China

• Wide range of capital crimes• Economic crimes included• The number of executions are state secrets• Public support for death penalty

Iran• Wide range of crimes• Includes adultery, blasphemy, ghesas

Reyhaneh Jabbari during trial in 2008

Execution Methods

• Stoning• Guillotine• Hanging• Shooting• Electric chair• Gas chamber• Lethal injection

Justifications

• Individuals can be sacrificed for public good– It deters future criminals

• The death penalty is the will of the people• The death penalty is lower-cost than life

imprisonment• It is required for social justice- eye for an eye

Critiques

Does it really deter?

Critiques (deterrence cont’d)

• Bowers and Pierce: “there are more murders in the years that follow death penalty executions”– (1) executions desensitize the public to the

immorality of killing, – (2) the state legitimizes vengeance– (3) executions also have an imitation effect

CritiquesPublic opinion surveys

Critiques

• Marxists: The capitalist system turns humans into animals.

• Individualism and alienation• Socialism makes humans feel social beings

again.

Race and inequalityRace of Defendants Executed in the U.S. Since 1976

Race of Defendants Executed in the U.S. Since 1976

Race and Inequality• Persons Executed for Interracial Murders in

the U.S. Since 1976

Socio-economic inequality

• Ability to afford quality legal representation• Ability to pay the victims’ families