The death penalty
Purposes of government
• Maintaining order (banning smoking)
• Providing public goods (roads, fire department)
• Promoting equality (1 person 1 vote)
Freedom vs. Order
• How far should the government go to ensure
safety?
• Ex. Spying on Americans to prevent terrorism.
• Ex. Limiting what can be viewed in movies,
books, Internet.
• Ex. Limiting drug use.
Freedom vs. Equality
• How far can the government go to encourage
equality of outcome?
• Ex. Affirmative action
• Ex. Disabilities Act
Favor gay
marriage
legalization of
prostitution
Favor universal
draft
Favor the death
penalty
Freedom, Order or Equality?
• Should gay people be
allowed to adopt?
• Should women be
allowed to have
abortions?
• Should people have free
access to guns?
• Should the government
legislate guidelines to
businesses about who is
hired?
Constitution
• 8th amendment: “Excessive bail shall not be
required, nor excessive fines imposed; nor cruel
and unusual punishment inflicted.”
• Atkins vs. Virginia (2002) - mental retardation.
• Roper vs. Simmons (2005) - no one under 18.
The case for the death penalty
• The government has a duty to protect society.
• Death penalty can be a deterrent.
• The death penalty is the ultimate punishment
for the worst crimes.
• People with life sentences can continue to kill
in prison.
• DNA testing now ensures accuracy in
determining who is guilty.
Is it applied fairly?
• No.
• Usually the decision of the local prosecuting
attorney. Very unevenly applied.
• Blacks accused of the same crime as whites are 34 times more likely to face the death penalty.
• If the victim is white, it is 3 times more likely to
be a death penalty case.
• Only 2% of those eligible actually receive the
death penalty.
Is it procedurally fair?
• Some receive excellent legal counsel.
• Others do not – due to money.
• Suggestions for reform: use only attorneys
who have experience in death penalty cases;
automatic appeal. Require DNA testing.
What does it cost?
• $1 million in trial costs (minimum).
• In CA. over $137 million a year.
• Lifetime incarceration instead of prison would
be $11.5 million per year.
• Average time spent on death row is over 14
years; sometimes up to 20 years.
Costs
Spectrum
• The death penalty prevents crime.
• The death penalty is an appropriate way to punish
those who commit the worst crimes.
• The death penalty does not belong in a civilized
society.
Discussion questions
• What is the most persuasive pro death penalty
argument?
• What is the most persuasive con death penalty
argument?
• What changes (if any) would you support to the
death penalty?
• What is your stance on the death penalty?