Death Penalty Discussion please see the attachment. it is my group responds please do not copy the answers just follow the format for how do they concluded their answers. and be the same side as they in this death penalty argument The man says he’s not guilt! Are you willing to put a man that may be innocent to death?
The death penalty puts innocent lives at risk. According to a study conducted by the
National Academy of Sciences, “4.1% of defendants sentenced to die are innocent.”
(Gross, O’Brien, & Kennedy, 2014, p. 1) To put this into perspective for you: There are
2,721 death row prisoners awaiting their execution as of today. Based on this study, this
means about 109 of those prisoners are innocent. We have no way of knowing how many
innocent people have been executed, but we can be certain that number is a disheartening
amount.
Although the defendant’s accused actions are deeply regrettable, especially considering
his crime committed against his own son, we can’t be 100% sure he committed all the
crimes he is being accused of. Clearly, our criminal justice system is subject to human
error. Defendants have crappy lawyers, the evidence is not always solid and doesn’t
always point to the right person. Furthermore, we must account for that and not be ready
to take an innocent man’s life in the process even if everything looks like it is pointing
towards him.
To execute an innocent person is morally reprehensible; this is a risk we cannot take.
Citation:
Gross, S. R., O’Brien, B., Hu, C., & Kennedy, E. H. (2014). Rate of false conviction of criminal defendants
who are sentenced to death. Proceedings of the National Academy of Sciences, 111(20), 7230-
7235.
Catherine:
There is an argument in favor of the death penalty that expresses the idea that since this form of
punishment is more severe in comparison to others, it must reduce crime rates. However,
according to Donohue, a professor of Stanford Law School, there is “no credible, statistical
evidence” that enforcing the death penalty reduces homicide rates. There have been
studies that have found a correlation between the death penalty and reduced homicide rates.
However, in 2012, the National Academy of Sciences evaluated these studies and found errors
debunking their credibility in areas such as causal relationships, coding errors, and statistical
significance.
In 2014 in the United States, “14,000 murders were committed but only 35 executions took place.”
California spent about “$4 billion to execute only 13 individuals”. “The $4 billion would
have been enough to hire roughly 80,000 police officers who, if appropriately assigned,
would be expected to prevent 466 murders (and much other crime).”
Citations:
Donohue, J. (2009). The impact of the death penalty on murder. Criminology & Public Policy, 8(4).
Donohue, J. (2015). There’s no evidence that the death penalty is a deterrence against crime. Retrieved
from https://theconversation.com/theres-no-evidence-that-death-penalty-is-a-deterrent-against-crime-43227
Tanesia:
The death penalty cost more than life without parole.
-The cost of sentencing someone to death is costly because of the complex and long
process of the judicial system of capital cases. The mandatory reviews and appeals
process can take decades. A death sentence can cost up to 18 times more than a
sentence of life without parole.
The cost of capital cases begin before the sentence is carried out.
Cost:
-prosecutors
-defense attorneys
-pre-trial hearings
-jury selection
-trial
-appeals
-continuous motions
-*time
“Although it may cost less to execute a particular offender than to maintain the offender
in prison for life, it cost far more to finance a system in which the decision is made to
execute some people, all of whom are processed through the entire system.”
Nakell, B. (1978). The cost of the death penalty. Crim. L. Bull., 14, 69.
Luke:
The death penalty is arbitrarily applied, and therefore should not be used as punishment
for this crime. When the Supreme Court first placed a moratorium on capital punishment
in Furman v. Georgia 408 U.S. 238 (1972) the Justices argued that the Eighth
Amendment of the Constitution was designed to protect against “selective or irregular
application of harsh penalties, and that its aim was to forbid arbitrary and discriminatory
penalties of a severe nature” and that capital punishment, as it was carried out in 1972
was unconstitutional. However, since the court reversed its moratorium in 1976 the
penalty has been no less arbitrarily applied, and it is our contention that the manner of
this punishment constitutes an 8th amendment violation. There remains a clear lack of
uniformity in the American capital punishment system. While some of the most heinous
murders do not result in the death penalty, less heinous and even accidental murders are
punished by death. Additionally, it has been found that whether a person receives the
death penalty depends largely on where the crime was committed, further proving the
arbitrary nature in how the punishment is applied.
•
An investigation by seven Indiana newspapers in 2001 found that the death
penalty depended on factors such as the views of individual prosecutors and the
financial resources of the county. Two Indiana counties have produced almost as
many death sentences as all of the other Indiana counties combined. (S. Bend
Trib., Oct. 21, 2001).
•
In New York, which abolished the death penalty in 2007, upstate counties
experienced just 19% of the state’s homicides, but they nonetheless accounted for
61% of all capital prosecutions. Three counties (out of 62 in the state) accounted
for over one-third of all cases in which a death notice was filed.
Clearly, this capital punishment case is not altogether different from any other capital
punishment case in the country. Since no clear system for its application has been
formulated, regional variation in death sentences strongly suggests arbitrariness in
application. The punishment should not be pursued in this case.
https://deathpenaltyinfo.org/arbitrariness#Evidence
Maryn – Discrimination
It is non-negotiable that prejudice exists in the application of the death penalty. As
reported by the American Civil Liberties Union, “People of color have accounted for a
disproportionate 43% of total executions since 1976, and 55% of those currently awaiting
execution.” This discrepancy is apparent in both defendant and victim analysis.
The U.S Department of Justice released survey results that proved the federal death
penalty is disproportionally used against victims of color. “From 1995-2000, 80% of all
federal capital cases seeking the death penalty involved people of color. Of the 18
prisoners currently on federal death row, 16 are either African-American, Hispanic or
Asian.”
Furthermore, while in America, “White victims account for approximately one-half of all
murder victims, 80% of all capital cases involve white victims.” The General Accounting
Office released
a report that found that, “For homicides committed under otherwise similar circumstances
where defendants had similar criminal histories, a defendant was several times more
likely to receive the death penalty if the victim was white than if the victim was African
American.”
We read about this exact scenario occurring in Just Mercy, but Walter’s experience is
neither isolated nor dated. The death penalty cannot be justly applied while racism plays
such a large role in the criminal justice system.
Jennifer-Discrimination/Legal Status/Political Views
American death sentences have both declined and become concentrated in a small group of
counties. In his dissenting opinion in Glossip v. Gross in 2014, Justice Stephen Breyer highlighted
how from 2004 to 2006, “just 29 counties (fewer than 1% of counties in the country) accounted for
approximately half of all death sentences imposed nationwide.” That decline has become more
dramatic. In 2015, fifty-one defendants were sentenced to death in thirty-eight counties. In 2016,
thirty-one defendants were sentenced to death in twenty-eight counties. In the mid-1990s, by way
of contrast, over 300 people were sentenced to death in as many as two hundred counties per
year. While scholars and journalists have increasingly commented on this decline and speculated
as to what might be causing it, researchers have not examined it empirically. This Article reports
the results of statistical analysis of data hand-collected on all death sentencing, by county, for the
entire modern era of capital punishment, from 1990 to 2016. This analysis of death sentencing
data seeks to answer the question why a few counties, but not the bulk of the others, still impose
death sentences. We examine state and countylevel changes in murder rates, population, victim
race, demography, and other characteristics that might explain shifting death sentencing
patterns. We find that death sentences are strongly associated with urban, densely populous
counties. Second, we find that death sentences are strongly associated with counties that have
large black populations. Third, we find homicide rates are related to death sentencing in three
ways: within and between death sentencing counties;; within and between death sentencing
counties following a lag to account for the time it can take for a case to proceed to a sentencing;;
and that counties with more white victims of homicide have more deathsentencing. Fourth, we
find that death sentencing is associated with inertia or the number of prior death sentences
within a county. These results suggest what remains of the American death penalty is fragile and
reflects a legacy of racial bias and idiosyncratic local preferences. We conclude by discussing the
practical and legal implications of these trends for the much-diminished death penalty and for
criminal justice more broadly. [ABSTRACT FROM AUTHOR]
GARRETT, B. L., JAKUBOW, A., & DESAI, A. (2017). The American Death Penalty Decline.
Journal of Criminal Law & Criminology, 107(4), 561. Retrieved from
http://search.ebscohost.com/login.aspx?direct=true&db=f5h&AN=125935995&site=eds-
live&scope=site
Increases in U.S. immigration and the growth in the Latino population
highlight the importance of understanding the influence of ethnicity and
legal status on participants’ decision-making. Furthermore, immigration is a
politically charged topic, which suggests participants’ political orientation
might relate to their decisions in cases involving immigrant defendants.
Using the justification-suppression model of prejudice, this study
investigated the influence of a defendant’s ethnicity and legal status in the
context of a death penalty trial. Results demonstrate that the defendant’s
ethnicity did not influence participants’ punishment decisions, but legal
status did. Specifically, participants were generally more punitive toward
both undocumented and documented immigrant defendants, compared to
U.S.-born defendants. Punitiveness toward documented immigrants was
qualified by an interaction with participants’ political orientation, such that
middle-of-the-road and more liberal participants reported greater
punitiveness toward a documented immigrant defendant, compared to a
U.S.-born defendant, but more conservative participants reported no
differences in punitiveness between documented immigrant defendants
and U.S.-born defendants. This effect was mediated by participants’
evaluation of mitigators and aggravators but only among more liberal and
middle-of-the-road participants. Implications for policy and future directions
are discussed. (PsycINFO Database Record (c) 2017 APA, all rights
reserved)
In the context of a simulated death penalty trial, this study found that
liberal and moderate mock jurors were more punitive toward documented
immigrants compared to American citizens. Conservative mock jurors did
not demonstrate this bias. This finding suggests that under certain
circumstances, political orientation can bias jurors’ perceptions of
defendants who are immigrants. This bias would unfairly impact the right to
a fair trial of defendants who are immigrants. (PsycINFO Database Record
(c) 2017 APA, all rights reserved)
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