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- Government sponsored death
- Controversial bc there’s no second chance
- Most other industrialized westernized country don’t have capital punishment
- An eye is an eye is justice
- No way to test who is right
Why do we execute people?
- Derived from common law
- It makes us feel good that a bad guy is gone
- Deterrence --> doesn’t work
- Person mean or have mental illness?
- Isolation – ultimate form of isolation
Death Penalty v LIP
DP vs Life in Prison
- less expensive
Who gets death penalty and why?
- Subjected to abuse
- Is race a factor ?
- if victim woman/ child, multiple murders
- Jurisdiction (What part of US you are from)
- Constitution says no one should be exposed to cruel and unusual punishment… death penalty
Furman v Georgia
Supreme court said all 50 states’ laws on death penalty is unconstitutional but the concept of death penalty is constitutional
Gregg v Georgia
If you want to have the death penalty you have to come to court and make a new law that complies
Duty of process
- no one will be denied under the constitution of life, liberty, or property w/ due process
- property- hearing and opportunity to revert
- liberty- lock you up- right to trial, attorney, jury, appeal
- life- most process; many appeals, many attorneys…