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By Saeed Marandi
Humanities 25
November 24, 2012
The Death Penalty
Reconsidered: Purpose and Consequences
Questionnaire
• Who is for/against?
• Why do we have the death penalty?
• Proposition 34- success and failure
A Matter of Philosophy
• What is justice? How can we understand how a uniform notion of justice could apply to
the death penalty. Can it?
• Are justice and revenge the same thing?
• Civilized or barbaric? A legislative nightmare?
• Does anyone have the right to decide who dies? Should anyone have the privilege to
decide this?
• How do we define “punishment” and “penalty?”
Our Constitution.
• 8th Amendment
• William J. Brennan (23:25)
• Furman v. Georgia
• Gregg v. Georgia
• Atkins v. Virginia
• Roper v. Simmons
• Constitutional muster.
• What is the future of the death penalty in regards to The Constitution?
Deterrence
• States with the Death Penalty don’t have lower crime rates than states that do not use it
(ACLU).
• Is there hard, empirical evidence suggesting that it does?
• A more honest question.
• Can Capital Punishment fulfill its purpose?
Race and The Death Penalty
• Out of 257 instances of murder victims, 19 whites were put on death row.
• In a broad perspective, race is an ambiguous factor.
• Socioeconomics- who’s at risk?
• How much is life worth?
• Appeals process.
Guilty until proven innocent?
• Since 1973, over 130 people have been released from convictions due to newly-surfaced
evidence proving their innocence (Amnesty International).
• Factors that influence an outcome wrongly accusing the innocent:
• Inadequate legal representation
• Police and prosecutorial misconduct
• Perjured testimony and mistaken eyewitness testimony
• Racial prejudice (Coretta Scott King)
• Community/political pressure to solve a case
• Can Capital Punishment honor its purpose?
Quotes
• "Capital punishment is the most premeditated of murders."
-Albert Camus, French philosopher
• "To take a life when a life has been lost is revenge, not justice."
-Desmond Tutu
• "I have yet to see a death case among the dozen coming to the Supreme Court on eve-of-
execution stay applications in which the defendant was well represented at trial... People
who are well represented at trial do not get the death penalty."
-Ruth Bader Ginsburg, U.S. Supreme Court Justice
• "I think this country would be much better off if we did not have capital punishment.... We
cannot ignore the fact that in recent years a disturbing number of inmates on death row
have been exonerated."
-John Paul Stevens, U.S. Supreme Court Justice
• “From this day forward, I no longer shall tinker with the machinery of death.” –Harry
Blackmun, Supreme Court Justice

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IsDeathPenaltyConstitutional

  • 1. By Saeed Marandi Humanities 25 November 24, 2012 The Death Penalty Reconsidered: Purpose and Consequences
  • 2. Questionnaire • Who is for/against? • Why do we have the death penalty? • Proposition 34- success and failure
  • 3. A Matter of Philosophy • What is justice? How can we understand how a uniform notion of justice could apply to the death penalty. Can it? • Are justice and revenge the same thing? • Civilized or barbaric? A legislative nightmare? • Does anyone have the right to decide who dies? Should anyone have the privilege to decide this? • How do we define “punishment” and “penalty?”
  • 4. Our Constitution. • 8th Amendment • William J. Brennan (23:25) • Furman v. Georgia • Gregg v. Georgia • Atkins v. Virginia • Roper v. Simmons • Constitutional muster. • What is the future of the death penalty in regards to The Constitution?
  • 5. Deterrence • States with the Death Penalty don’t have lower crime rates than states that do not use it (ACLU). • Is there hard, empirical evidence suggesting that it does? • A more honest question. • Can Capital Punishment fulfill its purpose?
  • 6. Race and The Death Penalty • Out of 257 instances of murder victims, 19 whites were put on death row. • In a broad perspective, race is an ambiguous factor. • Socioeconomics- who’s at risk? • How much is life worth? • Appeals process.
  • 7. Guilty until proven innocent? • Since 1973, over 130 people have been released from convictions due to newly-surfaced evidence proving their innocence (Amnesty International). • Factors that influence an outcome wrongly accusing the innocent: • Inadequate legal representation • Police and prosecutorial misconduct • Perjured testimony and mistaken eyewitness testimony • Racial prejudice (Coretta Scott King) • Community/political pressure to solve a case • Can Capital Punishment honor its purpose?
  • 8. Quotes • "Capital punishment is the most premeditated of murders." -Albert Camus, French philosopher • "To take a life when a life has been lost is revenge, not justice." -Desmond Tutu • "I have yet to see a death case among the dozen coming to the Supreme Court on eve-of- execution stay applications in which the defendant was well represented at trial... People who are well represented at trial do not get the death penalty." -Ruth Bader Ginsburg, U.S. Supreme Court Justice • "I think this country would be much better off if we did not have capital punishment.... We cannot ignore the fact that in recent years a disturbing number of inmates on death row have been exonerated." -John Paul Stevens, U.S. Supreme Court Justice • “From this day forward, I no longer shall tinker with the machinery of death.” –Harry Blackmun, Supreme Court Justice