In Memory of Troy DavisAmerica’s Death Penalty in the Age of Abolition

Khadija Jones

Section 1: Background

What is the Death Penalty?

What is capital punishment?

The lawful execution of those found guilty of capital crimes.

Capital crimes eligible for the death penalty vary by state.

Usually include first-degree and aggravated murder.

History of capital punishment in America. First recorded execution by British American

colonies in 1608

Furman v. Georgia (1972)

Gregg v. Georgia (1976)

States that do/not have the death penalty

How common is capital punishment?

Who is executed?

Who is executed? (continued)

Innocence and Exonerations

Section 2: Policy Analysis

Is the Death Penalty a Good Policy?

Controversy 1:

What is JUSTICE?

Is THIS Justice?

Yes!

Justice for the Victim

Or is THIS Justice?

Or is THIS Justice?

Yes! Justice for the Accused

VICTIM OFFENDER

The Justice System must be JUST to both VICTIM and OFFENDER.

Justice

for the Victim

Justice

for the Accused

…but where does the fair balance lie?

1: What is Justice?

The death penalty only provides justice for the victim.

There needs to be a fair balance between justice for the victim and justice for the accused.

1: What is Justice? (continued)

In the U.S. Constitution, the 5th, 6th, 7th, 8th, and 14th amendments afford rights to the accused to ensure protection.

2: Does the death penalty violate the Constitution?

8th Amendment: “…Nor cruel and unusual punishments inflicted”

2: What counts as “cruel and unusual”? The Death Penalty is cruel and unusual punishment.

“the imposing of the death penalty…constitutes cruel and unusual punishment in violation of the 14th and 8th amendments” (Furman v. Georgia, 408 U.S. 238)

Furman v. Georgia (1972) “the imposing of the death penalty…

constitutes cruel and unusual punishment in violation of the 14th and 8th amendments” (Furman v. Georgia, 408 U.S. 238)

The Death Penalty had been applied in a “harsh, freakish, arbitrary” and constitutionally unacceptable manner.

The Death Penalty was suspended.

Gregg v. Georgia (1976) New statues were written to ensure a degree

of constituency in the application of the death penalty.

Two-stage trial procedure was created:1. Jury determines guilt or innocence.2. Chooses imprisonment or death based

on existing circumstances.

Executions resumed in 1977.

3: Is Justice blind, especially when it comes to race, gender, and class?

3: Is Justice blind?

Not only is race a decisive factor, both gender and socio-economical class also determine who receives a death sentence and who is executed.

3: Is Justice blind? Racial discrimination was one of the

grounds on which the Supreme Court ruled the Death Penalty unconstitutional in Furman.

People of color account for a 43% of total executions since 1976 and 55% of those currently awaiting execution.

African-Americans make up 13% of the nation’s population. 50% of inmates on federal death row are African Americans.

3: Is justice blind, especially when it comes to race and class?

Accessing Political Acceptability

Is the Death Penalty a good public policy?

Public OpinionHow does society weigh in?

Direct Cost v. Opportunity Cost

Direct Costs (Cost of the Death Penalty):

Depending on each state ranges between $2.3 million to $114 million. Including cost of detention on death row, prosecutors, defense attorneys etc.

Opportunity Cost (Cost of Life

Imprisonment):• $22k/year/

inmate• Taxpayers pay

$32 billion/year• Cost of a Life

Term averages $1.5 million

Evidence of effectiveness Does the death penalty act as a deterrent

to capital crimes?

Evidence of effectiveness

Evidence of Disproportionate Impact Blacks who kill Whites are more likely to be

executed.

Total political acceptability The Death Penalty is NOT political

acceptable neither effective. It costs much LESS (in billions) to imprison a person for life without the possibility of parole. The United States would save money by abolishing the Death Penalty.

Section 4: Alternative Policy Analysis

Life Imprisonment v. Death Penalty

Life ImprisonmentAny sentence of imprisonment for a serious crime where the convicted person is to remain in jail for the rest of his or her life.

Comparison

Controversy 1:

Cruel and Unusual Punishment

Not cruel and unusual if applied in a just manner.

Graham v. Florida

Sentencing to minors to life w/o parole for crimes other than 1st degree murder violates 8th Amendment.

Controversy 2:

Crime Deterrent

The executed criminal will never kill again.

Yet there is NO direct correlation.

Criminals are incarcerated and isolated from society.

Controversy 3:

Disproportionate Affect of People of Color

43% of executions since 1976.

Make up less than 14% of US population.

Black men make up 40% of inmates in US Prison System.

Conclusion

Abolished and replaced. Maximum at Life Imprisonment.

Work Cited "American Civil Liberties Union." American Civil Liberties Union. Web.

12 May 2012. <https://www.aclu.org/capital-punishment/case-against-death-penalty>.

   Baumgartner, M. P. The Social Organization of Law. San Diego:

Academic, 1999. Print. 

Garland, David, Michael Meranze, and Randall McGowen. America's Death Penalty: Between past and Present. New York: New York UP, 2011. Print.

Garland, David. Peculiar Institution: America's Death Penalty in an Age of Abolition. Cambridge, MA: Belknap of Harvard UP, 2010. Print.