Death Penalty Debate:
Resolved… The use of the death penalty, if
fairly applied, does not violate the
Constitution and is a just method of
punishing perpetrators of particularly
heinous crimes.
 Bell Work…
 1.What
is capital punishment?
 2.In what types of crimes is capital
punishment used as a penalty?
 3.Does Colorado allow for the death
penalty? If so, what is the procedure for
implementing the death penalty?
Capital Punishment Introduction
 What is cruel and unusual punishment?
 Does the Constitution outlaw cruel and
unusual punishment?
 “Excessive
bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.”
Torture, burning at the stake, crucifixion,
drawing and quartering etc.
 In Wilkerson v. Utah (1879), the Supreme
Court stated that intent of the framers
was to prevent such barbaric
punishments and “all others in the same
line of unnecessary cruelty.”
 In In re Kemmler (1890), the Court
upheld execution as a legal method of
punishment (New York).
 Since
the late 1800’s, the Courts seemed
to have skirted the issue regarding the
death penalty- essentially the Court did
not want to rule on such a highly charged
issue.
 Most European countries have banned
execution (86 all together have banned
it).
 China leads the world in executions- 470
in 2007.
Finally in 1972, the Court indirectly issued a
ruling regarding the death penalty.
 In Furman v. Georgia (1972), the Court struck
down all existing State laws allowing for the
death penalty- but not because it was cruel and
unusual. Instead, the Court ruled that State laws
gave too much discretion to judges or juries in
deciding whether or not to impose the death
penalty. Simply stated, the Court said that out of
all the people convicted of capital crimes, only
“a random few” mostly minorities and or the
poor “were capriciously selected” for execution.

 This
did not outlaw the death penalty,
only the way the penalty was
implemented.
 How did States fix this problem?
 38
States passed new capital punishment
laws. The new laws took one of two forms…
 Some States made the death penalty
mandatory for certain crimes (killing a
police officer, murder rape, kidnapping,
arson).
 Other States provided for a two-stage
process in capital cases- 1) a trial to
determine guilty; 2) a hearing to decide
whether the circumstances justify a
sentence of death
The first method of mandatory sentencing was
found to be unconstitutional- the Court stated
that such laws were “unduly harsh and rigidly
unworkable”.
The two-stage approach has been ruled to be
constitutional. In Gregg v. Georgia (1976) the
Court ruled that a well-drawn two stage laws
could practically eliminate “the risk that the
death penalty will be inflicted in an arbitrary or
capricious manner.”
 The Court also latter clarified that the death
penalty can only be used in crimes that result in
death (Coker v. Georgia).

 Important
to note, that capital punishment
has been challenged quite a bit in the
court system. Yet over the past 30 years,
the death penalty, if fairly applied, has
been considered constitutional.
 1999 highest level of people executed
(98).
 2007 42 executed, mostly in Virginia and
Texas
 Yet, many
still disagree with the
implementation of the death penalty- Gov.
George Ryan of Ill.
 Gov. Ryan, in 2000, placed a moratorium on
all executions in the state because he
believed the process was “fraught with
error”.
 Out of 285 people sentenced to death from
1977, 12 had been executed but 13 were
released from prison after being wrongly
convicted.
 35
out of 36 states use lethal injection
(Nebraska uses electrocution, some states
allow for the choice- one uses firing squad
as a choice)
 Generally excepted to be humane if
properly used.
 Three drug volley, but if the first wears off,
similar to drowning or a massive heart
attack
 South Carolina study- 13 inmates probably
suffered an ill administered death
 Challenged
the constitutionality of the 3
drug system on the above grounds.
 Supreme Court Ruling, 7 to 2 decision,
lethal injection is a reasonable method.
 Both
states eliminated the death penalty
due to DNA advances, but mostly for the
time and expense of the death penalty
application.
 2002, 8th
amendment ruling barred
execution of the mentally ill.
 2005, Roper vs. Simmons case ruled that
juveniles should not be executed.
 2008, death penalty can not be used for
instances of child rape- only for murder
or treason.
 Gallop
Poll numbers showed that the nation
is equally divided regarding the death
penalty.
 DNA advances- proven that some inmates
were incorrectly imprisoned.
 African Americans are more likely to suffer
the death penalty than whitesdiscriminatory?
 Studies (according to the NY Times) have
shown the death penalty to be a deterrent (3
to 18 murders prevented)
 Should
the government put people to
death?
 Does the death penalty serve as a
deterrent?
 Does the death penalty implementation
discriminate against minorities?
 What about the possibility of executing
innocent people?
 Given the idea that most democratic
countries have banned the death penalty,
why does the US still use it?