The document discusses the death penalty in the United States, detailing its historical context, legal implications, and the ongoing debate about its morality and efficacy. It evaluates the concept of justice as it pertains to victims and accused individuals, highlighting issues of racial and socioeconomic bias in capital punishment. The analysis concludes that the death penalty is not a politically acceptable or effective policy and suggests life imprisonment as a viable alternative.

1. In Memory of Troy Davis
America’s Death Penalty in the Age of Abolition
Khadija Jones

2. Section 1: Background
What is the Death Penalty?

3. 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.

4. History of capital punishment in America.
 First recorded execution by British American colonies
in 1608
 Furman v. Georgia (1972)
 Gregg v. Georgia (1976)

5. States that do/not have the death penalty

6. How common is capital punishment?

7. Who is executed?

8. Who is executed? (continued)

9. Innocence and Exonerations

10. Section 2: Policy Analysis
Is the Death Penalty a Good Policy?

11. Controversy 1:
What is
JUSTICE?

12.  Is THIS Justice?
Yes!
Justice for
the Victim

13. Or is THIS
Justice?
Yes! Justice for the Accused

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

15. …but where does the fair balance lie
Justice for the Justice for the
Victim Accused

16. 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.

17. 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.

18. 2: Does the death penalty violate the
Constitution?
 8th Amendment: “…Nor cruel and unusual
punishments inflicted”

19. 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)

20. 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.

21. 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.

22. 3: Is Justice blind, especially when it comes
to race, gender, and class?

23. 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.

24. 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.

25. 3: Is justice blind, especially when it comes
to race and class?

26. Accessing Political Acceptability
Is the Death Penalty a good public policy?

27. Public Opinion
How does society weigh in?

28. Direct Cost v. Opportunity Cost
 Direct Costs Opportunity Cost
(Cost of the (Cost of Life
Death Penalty): Imprisonment):
 Depending on each • $22k/year/inmate
state ranges between
$2.3 million to $114 • Taxpayers pay $32
million. Including cost billion/year
of detention on death • Cost of a Life Term
row, prosecutors, def
ense attorneys etc. averages $1.5
million

29. Evidence of effectiveness
 Does the death penalty act as a deterrent to
capital crimes?

30. Evidence of effectiveness

31. Evidence of Disproportionate Impact
 Blacks who kill Whites are more likely to be
executed.

32. 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.

33. Section 4: Alternative Policy Analysis
Life Imprisonment v. Death Penalty

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

35. Comparison
Controversy 1: Not cruel and unusual if Graham v. Florida
applied in a just manner.
Cruel and Unusual Sentencing to minors to
Punishment life w/o parole for crimes
other than 1st degree
murder violates 8th
Amendment.
Controversy 2: The executed criminal Criminals are
will never kill again. incarcerated and isolated
Crime Deterrent from society.
Yet there is NO direct
correlation.
Controversy 3: 43% of executions since Make up less than 14%
1976. of US population.
Disproportionate Affect
of People of Color Black men make up 40%
of inmates in US Prison
System.

36. Conclusion
 Abolished and replaced.
 Maximum at Life Imprisonment.

37. 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.