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

Light blue = no DP in 10 yrs

Brown = DP only for times of war

Orange = DP for adult offenders

Red = DP for adult and juvenile offenders

Dark blue = abolitionist

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 Center

B) THE IMPACT OF MURDER

Murder’s Impact, Society’s Needs

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?

It’s justice: just deserts, “eye for an eye” (retribution)

It brings closure for the victim’s family

It’s less expensive than permanent imprisonment

It deters murder

It shows society’s disgust for the crime

It prevents offenders from murdering again

Some crimes require the “ultimate penalty”

D) THE CASE AGAINST THE DEATH PENALTY

1) Human Rights Violated TwiceRather 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

Source: Death Penalty Information Center

Race of Defendants Executed Race of Victim in Death Penalty Cases

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 Failurea) 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) DeterrenceOf the top US academic criminological society presidents, 88% reject the notion that the death penalty acts as a deterrent to murder.

3) System Failured) Millions Wasted

The entire process for capital vs. non-capital cases is far more costly:

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

2) Alternative Perspectives

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!

Get involved with your

state’s policy campaigns

Public Education: provide info and engage dialogue

Write /organize on AI Urgent

Actions

Action for Abolition

Leaflet, table, set up a display,organize a panel discussion, host a speaker,present to a class/civic/religious group,wear abolitionbutton/shirt, etc.

Join Us Today!

Become a member Join a local or student group Become an on-line activist Become a volunteer leader

1-800-AMNESTYwww.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.