Death PenaltyDeath Penalty

U.S. History of the Death U.S. History of the Death PenaltyPenalty

The first recorded execution in the The first recorded execution in the new colonies was of Captain George new colonies was of Captain George Kendall in the Jamestown colony of Kendall in the Jamestown colony of Virginia in 1608, from being a spy for Virginia in 1608, from being a spy for SpainSpain

The earliest recorded female hanging The earliest recorded female hanging in America was that of Jane in America was that of Jane Champion in 1632 in Virginia for an Champion in 1632 in Virginia for an unknown offenceunknown offence

U.S. Death Penalty History U.S. Death Penalty History (cont.)(cont.)

Roots in the writing about the Death Roots in the writing about the Death Penalty of European theorists: Montesquieu, Penalty of European theorists: Montesquieu, Voltaire, and Bentham, and English Quakers Voltaire, and Bentham, and English Quakers John Bellers and John Howard John Bellers and John Howard

Dr. Benjamin Rush, a signer of the Dr. Benjamin Rush, a signer of the Declaration of Independence from Declaration of Independence from Philadelphia believed the death penalty Philadelphia believed the death penalty serves as a deterrent. serves as a deterrent. – This led Pennsylvania to become the first state This led Pennsylvania to become the first state

to consider degrees of murder based on how to consider degrees of murder based on how improper it was. improper it was.

Historical FactsHistorical Facts In 1834, Pennsylvania became the first state to In 1834, Pennsylvania became the first state to

move executions away from the public eye and move executions away from the public eye and carrying them out in correctional facilities. carrying them out in correctional facilities.

In 1846, Michigan became the first state to abolish In 1846, Michigan became the first state to abolish the death penalty for all crimes except treason. the death penalty for all crimes except treason.

New York built the first electric chair in 1888 New York built the first electric chair in 1888

There were more executions in the 1930s than in There were more executions in the 1930s than in any other decade in American history, an average any other decade in American history, an average of 167 per year. (Bohm, 1999 and Schabas, 1997) of 167 per year. (Bohm, 1999 and Schabas, 1997)

1900s1900s

In the United States, larger numbers In the United States, larger numbers of people began to protest the death of people began to protest the death penalty, starting in the 1950s. penalty, starting in the 1950s.

By 1972, a majority of U. S. citizens By 1972, a majority of U. S. citizens were opposed to the death penalty.were opposed to the death penalty.

That same year, the law was That same year, the law was challenged in the state of Georgia, in challenged in the state of Georgia, in a famous case. a famous case.

Furman vs. GeorgiaFurman vs. Georgia

The Supreme Court, 1972 ruled that The Supreme Court, 1972 ruled that the death penalty, as it was defined the death penalty, as it was defined by the laws of the states that had it, by the laws of the states that had it, was unconstitutional, violating the 8was unconstitutional, violating the 8thth Amendment’s ban on cruel and Amendment’s ban on cruel and unusual punishment. unusual punishment. – They believed death penalty was being They believed death penalty was being

applied inconsistently applied inconsistently

Re-established Capital Re-established Capital PunishmentPunishment

In In Gregg v. Georgia Gregg v. Georgia 1976, a man named 1976, a man named Troy Leon GreggTroy Leon Gregg was the first prisoner was the first prisoner whose death sentence was upheld by the whose death sentence was upheld by the U.S. Supreme Court since U.S. Supreme Court since Furman v. Furman v. GeorgiaGeorgia

The Gregg decision marked a change in The Gregg decision marked a change in the way death penalty laws are the way death penalty laws are challenged.challenged.

And it marked a shift in the American And it marked a shift in the American peoples’ opinions of the death penalty.peoples’ opinions of the death penalty.

As of today…As of today…

There have been 1062+ people There have been 1062+ people executed in the U.S. since individual executed in the U.S. since individual states brought back the death penalty states brought back the death penalty in 1976in 1976

Four since 1970s were from Four since 1970s were from Washington StateWashington State

Currently, Washington has nine Currently, Washington has nine offenders under the death penalty, offenders under the death penalty, aka death row.aka death row.

   

STATES WITH THE DEATH PENALTY

Death Penalty Policy By State AlabamaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaIdahoIndianaIllinoisKansasKentucky

LouisianaMarylandMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew York *North CarolinaOhioOklahoma

OregonPennsylvaniaSouth CarolinaSouth DakotaTennesseeTexasUtahVirginiaWashingtonWyoming

ALSO- U.S. Gov't- U.S. Military

* The New York (6/24) death penalty statute was declared unconstitutional in 2004.

STATES WITHOUT THE DEATH PENALTY

AlaskaHawaiiIowaMaineMassachusetts

MichiganMinnesotaNorth DakotaRhode IslandVermont

West VirginiaWisconsin

ALSO- Dist. of Columbia

Lethal InjectionAlabama ArizonaArkansasCalifornia ColoradoConnecticutDelaware Florida Georgia Idaho Illinois IndianaKansas

Kentucky Louisiana Maryland MississippiMissouri MontanaNevadaNew Hampshire New MexicoNew YorkNorth CarolinaOhio

Oklahoma OregonPennsylvaniaSouth Carolina South DakotaTennessee Texas Utah Virginia Washington Wyoming Federal Government

Electrocution Lethal Gas Firing Squad

Alabama Arkansas Florida IllinoisKentucky NebraskaOklahoma South Carolina Tennessee Virginia

Arizona California Missouri Wyoming

Idaho Oklahoma Utah HangingDelaware New Hampshire Washington

Hanging

Delaware

New Hampshire

Washington

Japan, South Korea, Taiwan, and the U.S. are the only fully developed and democratic countries that have the death penalty.

Under common lawThe Republic of China Criminal Code rules the following offenses eligible for death penalty, although none of them carries mandatory death penalty.

Treason (Article 101) Espionage (Article 103,104,105,107) Hijacking (Article 185-1) Murder (Article 271,272) Robbery with murder, rape, or arson (Article 332) Piracy (Article 333,334) Kidnapping (Article 347,348)

Mexico: Abolished death penalty for all crimes 2005, Mexico, Liberia.Mexico abolished capital punishment in 1929 and it works hard to keep its citizens off death row.”

On your blank sheet of paper-

Title it DEATH PENALTY NOTES

Answer the following questions using YOUR OWN OPINION. Make sure you explain yourself.

What do you think?What do you think?

1.1. Does the death penalty violate the 8Does the death penalty violate the 8thth Amendment’s ban on cruel and unusual Amendment’s ban on cruel and unusual punishment?punishment?

2.2. Is the death penalty an effective Is the death penalty an effective deterrent?deterrent?

3.3. Is the death penalty biased or unfair?Is the death penalty biased or unfair?4.4. Is the death penalty an effective way to Is the death penalty an effective way to

provide retribution for victims’ families?provide retribution for victims’ families?5.5. Should juveniles be sentenced to death?Should juveniles be sentenced to death?

Now on your paper, draw A Now on your paper, draw A “T” Chart“T” Chart

Perspective for the Death Perspective for the Death PenaltyPenalty

AGAINST:AGAINST:– There is a brother/sister of a death row There is a brother/sister of a death row

inmate. You believe the death penalty is inmate. You believe the death penalty is cruel and unusual punishment and that cruel and unusual punishment and that regardless of what your sibling did, regardless of what your sibling did, nothing justifies killing another human nothing justifies killing another human being. Two wrongs don’t make a right. being. Two wrongs don’t make a right. An eye for an eye, a tooth for a tooth An eye for an eye, a tooth for a tooth makes us blind and toothless. Besides, makes us blind and toothless. Besides, the death penalty doesn’t even deter the death penalty doesn’t even deter criminals from committing crimes!criminals from committing crimes!

Perspective for the Death Perspective for the Death PenaltyPenalty

AGAINST:AGAINST:– There is a death row inmate. Prepare to There is a death row inmate. Prepare to

wear orange. You believe the death wear orange. You believe the death penalty is not only racially biased, but penalty is not only racially biased, but also biased toward the poor. In your also biased toward the poor. In your case, you couldn’t afford a good lawyer case, you couldn’t afford a good lawyer and feel that you may have escaped and feel that you may have escaped conviction if your attorney had been conviction if your attorney had been better. Innocent people, such as yourself, better. Innocent people, such as yourself, are sitting on death row as we speak!are sitting on death row as we speak!

Perspective for the Death Perspective for the Death PenaltyPenalty

AGAINST:AGAINST:– There is an ACLU lawyer who is There is an ACLU lawyer who is

vehemently opposed to the death vehemently opposed to the death penalty. The reason is obvious: the penalty. The reason is obvious: the death penalty violates the 8death penalty violates the 8thth Amendment’s ban on cruel and unusual Amendment’s ban on cruel and unusual punishment. Period. punishment. Period.

Perspective for the Death Perspective for the Death PenaltyPenalty

FOR:FOR:– There is a brother/sister was murdered. There is a brother/sister was murdered.

His/her killer now sits on death row, His/her killer now sits on death row, awaiting execution. You believe that the awaiting execution. You believe that the death penalty brings death penalty brings retribution;retribution; thus, thus, an eye for an eye, tooth for a tooth. Fry, an eye for an eye, tooth for a tooth. Fry, sucker! Time to pay for your crimes. sucker! Time to pay for your crimes.

Perspective for the Death Perspective for the Death PenaltyPenalty

FOR:FOR:– There is a mother/father whose There is a mother/father whose

daughter was brutally murdered by a daughter was brutally murdered by a 16-year-old boy. You don’t believe he 16-year-old boy. You don’t believe he can ever be rehabilitated, and you want can ever be rehabilitated, and you want him to pay for what he’s done. You him to pay for what he’s done. You believe that this payment should come believe that this payment should come in the form of a death sentence. in the form of a death sentence.

Perspective for the Death Perspective for the Death PenaltyPenalty

There is a lawyer who has defended There is a lawyer who has defended many accused criminals, even those many accused criminals, even those who have been accused of murder. who have been accused of murder. Some have been found innocent, and Some have been found innocent, and some have been convicted. All of your some have been convicted. All of your clients that have been sent to death clients that have been sent to death row deserved their fate, in your opinion. row deserved their fate, in your opinion. You can’t understand why lawyers have You can’t understand why lawyers have to do their best to defend criminals.to do their best to defend criminals.