UNDERSTANDING
THE DEATH PENALTY
Updated May 2012
Presentation Overview
A.
Where the Death Penalty is Used
B.
The Impact of Murder
C.
Justifications for the Death Penalty
D.
The Case against the Death Penalty
E.
Yes, There is a Better Way!
F.
What You Can Do
A) WHERE THE
DEATH PENALTY IS USED
The Death Penalty Worldwide
Dark blue =
abolitionist
Brown = DP only for times of war
Light blue =
no DP in 10 yrs
Orange = DP for adult offenders
Red = DP for adult and juvenile offenders
Where Countries Stand
Total abolitionist in law or practice: 140
 for all crimes: 97
 for ordinary crimes only: 8
 in practice: 35
Retentionist: 58
 Top five executors in 2011: China, Iran, Saudi Arabia, Iraq, and the
USA
The Death Penalty in the US
DP jurisdictions: 33 states, federal govt., military
US Executions
and Death Sentences
Source: Death Penalty Information Cente
B) THE IMPACT OF MURDER
Murder’s Impact, Society’s Needs
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About 17,000 are murdered/year in the US
Each murder violates the right to life
Murder is cruel and inhuman
Each murder damages many lives
 Society has a duty to provide public safety
 Perpetrators must be held accountable
 Victims’ communities have a right to justice and support
C) JUSTIFICATIONS
FOR THE DEATH PENALTY
What have you heard?
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It’s justice: just deserts, “eye for an eye” (retribution)
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It brings closure for the victim’s family
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It’s less expensive than permanent imprisonment

It deters murder
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It shows society’s disgust for the crime
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It prevents offenders from murdering again
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Some crimes require the “ultimate penalty”
D) THE CASE AGAINST
THE DEATH PENALTY
1) Human Rights Violated Twice
Rather than upholding society’s highest values, the death penalty
imitates the crime it condemns.
 Everyone has the right to life, liberty and security of person
 No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment
(The Universal Declaration of Human Rights, Articles 3, 5)
2 wrongs don’t make 1 right!
2) Equal Justice before the Law?
 Everyone has the right to recognition everywhere as a person before
the law.
 All are equal before the law and are entitled without any
discrimination to equal protection of the law.
 Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.
(The Universal Declaration of Human Rights, Articles 6, 7, 8)
2) Equal Justice?
a) Socio-economic Bias
 One of the most pivotal determinants of whether a defendant will
receive the death penalty is the quality of their legal representation.
 Almost all death row prisoners could not afford their own attorney.
 Appointed attorneys are often overworked, underpaid, or lacking the
trial experience required for death penalty cases.
2) Equal Justice?
b) Racial Bias
Race of Defendants Executed
Race of Victim in Death Penalty
Cases
Source: Death Penalty Information Center
2) Equal Justice?
c) Arbitrary Application
 Only about 2% of known murderers are sentenced to death
 Prosecutors (elected) have discretion in seeking a death sentence
 Suburban, predominantly white and affluent jurisdictions tend to have
prosecutors who are more eager (and better resourced) to seek the
death penalty.
 In Alabama, Florida and Delaware, elected judges can override a
jury’s decision to sentence someone to life or death.
Source: Death Penalty Information Center
3) System Failure
a) Error-Riddled

70% of all death sentences are reversed due to serious error such as:
 incompetent defense lawyers
 police or prosecutorial misconduct

Capital trials produce so many mistakes that it takes three judicial
inspections to catch them

Of the 2,370 death sentences thrown out due to serious error, 90% were
overturned by state judges—many were the same ones who imposed the
death sentence in the first place
(Liebman Study – Columbia Univ.)
3) System Failure
b) Wrongful Convictions
140 people have been released from death row due to
evidence of their innocence since 1973 (including one in
2012).
Source: Death Penalty Information Center
3) System Failure
c) Deterrence
Of the top US academic criminological society presidents, 88% reject
the notion that the death penalty acts as a deterrent to murder.
3) System Failure
d) Millions Wasted
The entire process for capital vs. non-capital cases is far more costly:
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The average death penalty case costs $1.26 million vs. $740,000
(permanent incarceration)
Maryland: The average death penalty case costs approx. $3M ($1.9M more
than non-death penalty case)
Florida: The death penalty costs $51M/yr beyond cost of permanent
imprisonment.
California: The death penalty costs $137M/yr beyond cost of permanent
imprisonment.
Kansas: costs of death penalty vs. non-death penalty cases:
investigation - 3x more; trial - 16x more; appeals - 21x more
Source: Death Penalty Information Center
E) YES,
THERE IS A BETTER WAY!
1) Refuting the Justifications
 It’s less expensive than permanent imprisonment
 It deters murder
2) Alternative Perspectives
 It prevents offenders from murdering again
 It shows society’s disgust for the crime
 Some crimes require the “ultimate penalty”
 It’s justice – just deserts, “eye for an eye” (retribution)
 It brings closure for the victim’s family
3) Preventing Murder
How would you spend tens of millions of $/year ?
Prevention policy: violence, drug/alcohol abuse, treatment for the mentally ill
Public Safety: resources for community policing and other social services
2) What needs are
created by murder?
Victims/loved ones:
 psychological services (anger, grief, depression)
 financial support (possible loss to family income)
 information about the crime/perpetrator
 accountability of the offender
 sense of concrete pro-active steps (safety, prevention)
 restoration of control/power
Offenders:
 opportunity for accountability, remorse, restitution, rehabilitation
Community:
 protection from the offender
 sense of safety and justice
 education
F) WHAT YOU CAN DO
How will we achieve abolition?
Chip away at the block!
Leaflet,
table,
set up a display,
organize a
panel
discussion,
host a speaker,
present to a
class/civic/
religious group,
wear abolition
button/shirt, etc.
Public Education:
provide info and
engage dialogue
Get involved
with your
state’s policy
campaigns
Write /organize
on AI Urgent Actions
Join Us Today!
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Become a member
Join a local or student group
Become an on-line activist
Become a volunteer leader
1-800-AMNESTY
www.amnestyusa.org
Your Regional Office: 1-866-A REGION
THANK YOU!
For more information or to provide feedback:
www.amnestyusa.org/abolish
DPIntern2@aiusa.org or call 202-544-0200
Sources:
 Various Amnesty International reports
 The Death Penalty Information Center:
www.deathpenaltyinfo.org
 US Department of Justice, Federal Bureau of Investigation,
"Crime in the United States".
 “A Broken System: Error Rates in Capital Cases, 1973-1995” by
Dr. James Liebman (Columbia University)
 Note to presenters: be sure to catch the notes connected with many
of the slides. Adjust your view of PowerPoint to see the notes. You
can also print yourself a copy of the slides with the notes pages
under each slide.