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In Memory of Troy Davis
America’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?




Yes! Justice for the Accused
The Justice System must be JUST to
both VICTIM and OFFENDER.




  VICTIM                  OFFENDER
…but where does the fair balance lie



  Justice for the   Justice for the
      Victim          Accused
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 Opinion
How does society weigh in?
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
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 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.
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.
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.

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Khadija Jones - Death Penalty Thesis Presentation

  • 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?
  • 8. Who is executed? (continued)
  • 10. Section 2: Policy Analysis Is the Death Penalty a Good Policy?
  • 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?
  • 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.