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 the death penalty

Favor universal draft

Favor gay marriage

legalization of prostitution

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

3-4 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?