1. DP - Abstract & Real
The Abstract Death Penalty:
Only the “worst of the worst” accused murderers
are selected for capital punishment.
Clear evidence of guilt is required for a death
sentence - beyond any doubt (virtually no mistakes).
2. DP - Abstract & Real
Fair Trial "super due process"
-- guaranteed by the Constitution and ensured
in practice by the US Supreme Court.
Second separate penalty phase of trials to further
ensure fairness ("bifurcation").
3. DP - Abstract & Real
Elaborate (and long!) appeals process to guarantee
fairness, prevent execution of innocent.
Extensive final review by Governor/Pardons
Board/etc (varies from state to state).
4. DP - Abstract & Real
Rationales and Legitimation:
"They deserve it" -- and it keeps them from
killing again (and again).
Execution is a deterrent to other potential killers.
5. DP - Abstract & Real
Execution costs less than long-term imprisonment.
Overall, capital punishment is good efficient social
policy.
6. DP - Abstract & Real
The Real Death Penalty:
Defendants with the worst lawyers are selected,
often not the “worst of the worst” accused
murderers.
7. DP - Abstract & Real
Incompetent defense attorneys, shoddy trials,
and weak evidence are typical in DP cases.
Ineffective appeals process (basically limited to
process issues, not substantive issues).
Final review -- mostly a farce (because of the
politics of the DP).
8. DP - Abstract & Real
Overall result is a system riddled with
discrimination, mistakes, and other problems.
Very few prisoners on death row are accused of
repeat offenses.
Discrimination is rampant in death sentencing
(minorities accused of killing white victims).
9. DP - Abstract & Real
Numerous innocent people are convicted and
sentenced to death (and some are executed).
Executions are not a deterrent (evidence indicates
that executions cause additional homicides).
10. DP - Abstract & Real
The Death Penalty costs much more than
alternatives, not less (mainly because of the
cost of trials, not the cost of appeals).
Overall, capital punishment is an unfair,
inefficient, and costly social policy.
A “broken system”
11. DP - Abstract & Real
Comment:
Opinion vs. Knowledge
Are you “for it” or “against it”?
vs.
Do you know anything at all about it?