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Beyond the moral dilemma, we have to look at the deter criminals from committing offenses.

This is
simple fact that it just doesn't work. It isn't a deterrent:
because there are criminals who suffer from mental
introducing the death penalty doesn't reduce crime in
any significant way. It isn't cost effective: in a illnesses and a death sentence will not be able to
democratic society, the accused has the right to many, prevent them from doing bad things they cannot
many appeals because we don't want to kill the wrong control without proper medication.dominated by
person, as this would be the biggest possible violation people who favor the death penalty and are more
to rule of law. This means that death row inmates cost likely to vote to convict.
far more than people who are imprisoned for life. Now,
we could throw the constitution away, but I'd rather we
didn't. Furthermore, despite the many appeals Keeping killers off the streets for good:
available, 4% of death row inmates are still wrongly Life without parole, on the books in 49 states (all
accused. A single one is a tragedy. Take into account except Alaska), also prevents reoffending. It
that this amounts to a few cases EACH YEAR, and it means what it says, and spending the rest of
becomes outrageous! your life locked up, knowing you’ll never be free,
So, it doesn't deter anyone, it isn't cost effective, and it is no picnic. Two big advantages:
doesn't respect basic rule of law. It protects the public -an innocent person serving life can be released
from one individual, but so would a life sentence, so it from prison
has no added value whatsoever. But what about the -life without parole costs less than the death
subjective value of "he deserved it"?
penalty
By working on the subjective value of "merit" -
encouraging vengeance, basically, only with the State as Costs, a surprise to many people:
a mediator - we don't make society any better. Crime Study after study has found that the death
reform focusing on 1-making the criminal into a better
penalty is much more expensive than life in
person, 2-keeping society safe and 3-deterring crime is
WAY better for the general well-being of society than prison. The high costs of the death penalty are
the simple logic of "crime = punishment". The argument for the complicated legal process, with the largest
of "deserving" the punishment thus becomes moot. costs at the pre-trial and trial stages. The point is
One can simply look at northern Europe (or nearly any to avoid executing innocent people. The
other western nation in the world) to see how balancing tremendous expenses in a death penalty case
security and the reform of criminals is the best way to
apply whether or not the defendant is convicted,
deal with delinquent individuals.
let alone sentenced to death.

Death penalty is not an effective deterrence. Crime reduction (deterrence):


According to Amnesty International, the murder rate in The death penalty doesn't keep us safer.
non-Death Penalty states has remained consistently
lower than the rate in States with the Death Penalty. Homicide rates for states that use the death
The threat of execution at some future date is unlikely penalty are consistently higher than for those that
to enter the minds of those acting under the influence of
drugs and/or alcohol, those who are in the grip of fear don’t. The most recent FBI data confirms this.
or rage, those who are panicking while committing For people who lack a conscience, fear of being
another crime (such as a robbery), or those who suffer
from mental illness or mental retardation and do not caught is the best deterrent.
fully understand the gravity of their crime.
1. It is not a crime deterrent. Who gets it:
Critics argue that the death penalty does not really Contrary to popular belief, the death penalty isn't
reserved for the worst crimes, but for defendants considerable funds and resources involved
in its implementation. The answer to that
with the worst lawyers. It doesn't apply to people
question is almost certainly no. Traditional
with money. Practically everyone sentenced to law enforcement agencies and community
death had to rely on an overworked public violence prevention programs have a much
defender. How many people with money have stronger track record vis-a-vis deterrence,
been executed?? and they remain underfunded due, in part,
to the expense of the death penalty.

Victims: 02
People assume that families of murder victims of 05
want the death penalty imposed. It isn't "The Death Penalty is Cheaper Than Feeding
necessarily so. Some are against it on moral a Murderer for Life"
grounds. But even families who have supported
According to the Death Penalty Information
the death penalty in principle have testified to the
Center, independent studies in several
damage that the death penalty process does to states, including Oklahoma, reveal that
families like theirs and that life without parole is capital punishment is actually far more
an appropriate alternative. expensive to administer than life
imprisonment. This is due in part to the
lengthy appeals process, which still sends
It comes down to whether we should keep a innocent people to death row on a fairly
system for the sake of retribution or revenge regular basis.
even though it isn’t effective in reducing violent
crime, costs much more than alternatives and, In 1972, citing the Eighth and Fourteenth
Amendments, the Supreme Court abolished
worst of all, can lead to the nightmare of
the death penalty due to arbitrary
executing someone for a crime he didn’t commit. sentencing. Justice Potter Stewart wrote for
the majority:

"These death sentences are cruel and


unusual in the same way that being struck
by lightning is cruel and unusual ... [T]he
"The Death Penalty is an Effective Eighth and Fourteenth Amendments
Deterrent" cannot tolerate the infliction of a sentence
of death under legal systems that permit
This is probably the most common this unique penalty to be so wantonly and
argument in favor of capital punishment, so freakishly imposed."
and there's actually some evidence that the
The Supreme Court reinstated the death
death penalty may be a deterrent to
penalty in 1976, but only after states
homicide. And it makes sense that it would
reformed their legal statutes to better
be—nobody wants to die.
protect the rights of the accused.
But it's a very expensive deterrent. As
03
such, the question is not just whether the
death penalty is a deterrent, it's whether of 05
the death penalty is the most efficient "Murderers Deserve to Die"
deterrent that can be purchased using the
Yes, they might. But the government is an standard of evidence required. The Union
imperfect human institution, not an for Reform Judaism (URJ), which
instrument of divine retribution—and it represents the majority of American Jews,
lacks the power, the mandate, and the has called for total abolition of the death
competence to make sure that good is penalty since 1959.
always proportionally rewarded and evil
always proportionally punished. 05
of 05
04 "Families Deserve Closure"
of 05
"The Bible Says 'An Eye for an Eye'" Families find closure in many different
ways, and many never find closure at all.
Actually, there is little support in the Bible Regardless, we should not allow "closure"
for the death penalty. Jesus, who to become a euphemism for vengeance, the
himself was sentenced to death and legally desire for which is understandable from an
executed, had this to say (Matthew 5:38- emotional point of view but not from a
48): legal. Vengeance is not justice.

"You have heard that it was said, 'Eye for There are ways we can help provide closure
eye, and tooth for tooth.' But I tell you, do for friends and family that do not involve
not resist an evil person. If anyone slaps serving a controversial policy objective. One
you on the right cheek, turn to them the solution is to fund free long-term mental
other cheek also. And if anyone wants to health care and other services to the
sue you and take your shirt, hand over your families of murder victims.
coat as well. If anyone forces you to go one
mile, go with them two miles. Give to the
one who asks you, and do not turn away
from the one who wants to borrow from
you.

"You have heard that it was said, ‘Love your


neighbor and hate your enemy.’ But I tell
you, love your enemies and pray for those
who persecute you, that you may be
children of your Father in heaven. He 1. Financial costs to taxpayers of capital
causes his sun to rise on the evil and the punishment is several times that of
good, and sends rain on the righteous and keeping someone in prison for life. Most
people don't realize that carrying out one
the unrighteous. If you love those who love
death sentence costs 2-5 times more than
you, what reward will you get? Are not even keeping that same criminal in prison for the
the tax collectors doing that? And if you rest of his life. How can this be? It has to do
greet only your own people, what are you with the endless appeals, additional required
doing more than others? Do not even procedures, and legal wrangling that drag
pagans do that? Be perfect, therefore, as the process out. It's not unusual for a
your heavenly Father is perfect." prisoner to be on death row for 15-20 years.
Judges, attorneys, court reporters, clerks,
What about the Hebrew Bible? Well, and court facilities all require a substantial
ancient Rabbinic courts almost never investment by the taxpayers. Do we really
enforced the death penalty due to the high have the resources to waste?
5. It sends the wrong message: why kill
people who kill people to show killing is
2. It is barbaric and violates the "cruel and wrong. Yes, we want to make sure there is
unusual" clause in the Bill of accountability for crime and an effective
Rights. Whether it's a firing squad, electric deterrent in place; however, the death
chair, gas chamber, lethal injection, or penalty has a message of "You killed one of
hanging, it's barbaric to allow state- us, so we'll kill you". The state is actually
sanctioned murder before a crowd of people. using a murder to punish someone who
We condemn people like Ahmadinejad, committed a murder. Does that make sense?
Qaddafi, and Kim Jong Il when they murder
their own people while we continue to do
the same (although our procedures for 6. Life in prison is a worse punishment and
allowing it are obviously more thorough). a more effective deterrent. For those of
The 8th Amendment of the U.S. you who don't feel much sympathy for a
Constitution prevents the use of "cruel and murderer, keep in mind that death may be
unusual punishment". Many would interpret too good for them. With a death sentence,
the death penalty as violating this restriction. the suffering is over in an instant. With life
in prison, the pain goes on for decades.
Prisoners are confined to a cage and live in
3. The endless appeals and required an internal environment of rape and violence
additional procedures clog our court where they're treated as animals. And
system. The U.S. court system goes to consider terrorists. Do you think they'd
enormous lengths before allowing a death rather suffer the humiliation of lifelong
sentence to be carried out. All the appeals, prison or be "martyred" by a death sentence?
motions, hearings, briefs, etc. monopolize What would have been a better ending for
much of the time of judges, attorneys, and Osama bin Laden, the bullet that killed him
other court employees as well as use up instantly, or a life of humiliation in an
courtrooms & facilities. This is time & space American prison (or if he was put through
that could be used for other unresolved rendition to obtain more information).
matters. The court system is tremendously
backed up. This would help move things 7. Some jury members are reluctant to
along. convict if it means putting someone to
death. Many states require any jury
members to be polled during the pre-trial
examination to be sure they have the
stomach to sentence someone to death
before they're allowed to serve. Even if
4. We as a society have to move away from they're against the death penalty, they still
the "eye for an eye" revenge mentality if may lie in order to get on the panel. The
civilization is to advance. The "eye for an thought of agreeing to kill someone even
eye" mentality will never solve anything. A influences some jury members to acquit
revenge philosophy inevitably leads to an rather than risk the death. Some prosecutors
endless cycle of violence. Why do you think may go for a lesser charge rather than force
the Israeli-Palestine conflict has been going juries into a death-or-acquit choice.
on for 60+ years? Why do you think gang Obviously, in all these situations, justice
violence in this country never seems to end? may not be served.
It is important to send a message to society
that striking back at your enemy purely for
revenge will always make matters worse. 8. The prisoner's family must suffer from
seeing their loved one put to death by the
state, as well as going through the
emotionally-draining appeals
process. One victim's innocent family is assault, and murder. This is a man who was
obviously forced to suffer from a capital convicted with overwhelming evidence of
murder, but by enforcing a death sentence, the murder of four people, some of whom he
you force another family to suffer. Why shot in the back and then laughed at the
double the suffering when we don't have to? sounds they made as they died. This is a
man who never even took responsibility for
the crimes or apologized to the victims --
9. The possibility exists that innocent men NOT ONCE! These victims had kids and
and women may be put to death. There are spouses, but instead of sympathy for them,
several documented cases where DNA sympathy shifted to Tookie. Candlelight
testing showed that innocent people were vigils were held for him. Websites like
put to death by the government. We have an savetookie.org sprang up. Protests and a
imperfect justice system where poor media circus ensued trying to prevent the
defendants are given minimal legal attention execution, which eventually did take place --
by often lesser qualified individuals. Some 26 years after the crime itself! There are
would blame the court system, not that death many cases like this, which make a mockery
penalty itself for the problems, but we can't of the evil crimes these degenerates
risk mistakes. commit.

10. Mentally ill patients may be put to 12. It often draws top talent laywers who will
death. Many people are simply born with work for little or no cost due to the
defects to their brain that cause them to act a publicity of the case and their personal
certain way. No amount of drugs, schooling, beliefs against the morality of the death
rehabilitation, or positive reinforcement will penalty, increasing the chances a
change them. Is it fair that someone should technicality or a manipulated jury will
be murdered just because they were unlucky release a guilt person. Top attorneys are
enough to be born with a brain defect. world-class manipulators. They know how
Although it is technically unconstitutional to to cover up facts and misdirect thinking.
put a mentally ill patient to death, the rules They know how to select juries sympathetic
can be vague, and you still need to be able to to their side. They know how to find obscure
convince a judge and jury that the defendant technicalities and use any other means
is in fact, mentally ill. necessary to get their client off without any
punishment. Luckily, most criminal
defendants cannot afford to hire these top
guns; they must make do with a low-paid
public defender or some other cheaper
attorney. However, a death penalty case
11. It creates sympathy for the monstrous changes everything. First of all, a death
perpetrators of the crimes. Criminals penalty case almost always garners
usually are looked down upon by society. significant media attention. Lawyers want
People are disgusted by the vile, that exposure, which enhances their name
unconscionable acts they commit and feel recognition & reputation for potential future
tremendous sympathy for the victims of plantiffs and defendants. Second of all,
murder, rape, etc. However, the death thousands of attorneys have made their
penalty has a way of shifting sympathy personal crusade in life the stomping out of
away from the victims and to the criminals the death penalty. Entire organizations have
themselves. An excellent example is the sprung up to fight death penalty cases, often
execution a few years ago of former gang providing all the funding for a legal defense.
leader "Tookie" Williams. He was one of the For an example, look no further than
original members of the notorious Crips the Casey Anthony trial, in which a pool of
gang, which has a long legacy of robbery, top attorneys took on a high profile death
penalty case and used voir dire and death penalty by the 1987 Constitution was a very big
peremptory challenges to craft one of the step towards a practical recognition of the dignity of
stupidest juries on record, who ended up every human being created to the image and likeness of
ignoring facts and common sense or release God, and of the value of human life from its conception
an obviously guilty woman who killed her
to its natural end. Every human being has the inherent
daughter. After the "not guilty" verdict was
right to life and this right must be protected by law.
rendered, defense attorneys such as Cheney
Mason went into long-winded speeches for However, this right is not as sacrosanct and Inviolable as
the media about the evils of the death it sounds.
penalty.
The mall principle In human rights law Is that no-one
shall be arbitrarily deprived of life. Amnesty
13. It is useless in that it doesn't bring the International (www. Misinterpretation_org_ retrieved
victim back to life. Perhaps the biggest January 18, 2013) states, “The death penalty violates
reason to ban the death penalty is that it the right to life. ” Capital punishment contradicts our
doesn't change the fact that the victim is moral beliefs and claims of a fair and just government.
gone and will never come back. Hate, This makes the death penalty our most fundamental
revenge, and anger will never cure the
human rights violation. It is the denial of the most basic
emptiness of a lost loved one. Forgiveness is
human rights. The Illinois Coalition to Abolish the Death
the only way to start the healing process,
and this won't happen in a revenge-focused Penalty www. Cad. Org retrieved January 15, 2013)
individual. states, “We don’t cut off the hands of thieves to protect
property; we do not stone adulterers to stop adultery.
We consider that barbaric. Yet we continue to take life
as a means of protecting life. ” No person, government-
affiliated or not, has the right to decide if another
human is worthy or unworthy of life. Our natural rights
as humans, which cannot be taken away by the
government, include the right to life….

Practicability As the third speaker of the Negative team,


I strongly oppose to this resolution, Resolved, That ARGUMENTS
Death Penalty Be Restored in the Philippines. Why? 1) Crime rates have fallen even without the
Because Death Penalty deprives people the right to life.
death penalty.
In Article II, Sectional of the 1987 Philippine
Constitution states: “The State values the dignity of Many people justify the return of the death penalty
because of its purported ability to quell the rising
every human person and guarantees full respect for
tide of criminality plaguing the country. The idea is
human rights”. The Commission on Human Rights has
that executing felons for committing heinous crimes
opposed the enactment of any law re-imposing the will deter future criminals, thus lowering crime
death penalty law In the rates.
Philippines on the ground that It offends the diligently
But Figure 1 shows that from 1978 to 2008 there
of human person and human rights. The abolition of the
had been a general decline in the incidence of
“index crimes”. These are crimes that occur with Many other countries also fail to see compelling
“sufficient regularity” and have “socioeconomic evidence the death penalty deters crime.
significance”, including some “heinous” ones like
murder and rape. In the US, for example, the death penalty alone
could not explain the great decline in homicide rates
observed in the 1990s. Figure 2 shows that the
homicide rates in Texas, California, and New York
had fallen at roughly the same pace throughout the
1990s. This is despite the fact that these 3 states
used the death penalty very differently: Whereas
Texas executed 447 people over that period,
California executed just 13 people, and New York
executed no one.

Figure 1. Source: PSA, PNP. Note: Data cover 1978 to 2008.


According to the PNP, 'index crimes' are those considered to
have socioeconomic significance and 'occur with sufficient
regularity to be meaningful'. These include the following
crimes against persons (e.g., murder, homicide, physical
injury, rape) and crimes against property (e.g., robbery, theft,
carnapping). Also note that the PNP made methodological
changes since 2009 making data thereon incomparable to
previous data.

Crime data are usually laden with many caveats, Figure 2. Source: Nagin & Pepper [2012] Deterrence and the
most notably underreporting. But despite these death penalty. Washington, DC: The National Academies
Press. Note: Data cover 1974 to 2009.
limitations, Figure 1 suggests at least 3 things.

First, the supposed “rising tide” of criminality is


Indeed, the US National Research Council
more of a myth than a fact: index crimes have, in
concluded in 2012 that, “research to date…is not
fact, been falling steadily since the early 1990s.
informative about whether capital punishment
decreases, increases or has no effect on homicide
Second, even in the years without the death penalty, rates.”
the index crime rate had plummeted. Hence, the
death penalty is not necessary to see a fall in crime
In Asia, a separate study reached the same
rates.
conclusion when it compared the homicide rates in
Singapore (a country of many executions) and Hong
Third, even after a record number of executions in Kong (few executions). More recent research
1999 (when Leo Echegaray and 6 others were put to also shows that, instead of imposing harsher
death by lethal injection), no pronounced drop in punishments, a higher certainty of being caught
index crimes was observed. The incidence of index may be more effective in deterring crime.
crimes even rose by 8.8% from 1999 to 2002.
3) Previous death sentences fell
2) Studies abroad could also not find strong disproportionately on the poor.
evidence the death penalty deters crime.
The death penalty, as applied in the Philippines the death penalty during the time it was available as
before, was not only unnecessary in reducing crime a sentencing option from 1993 to 2004.
but also largely anti-poor: poor inmates were more
likely to be sentenced to death than rich inmates. Figure 4 shows that of the 907 death convictions
that went to the Supreme Court for review, as many
Back in 2004 the Free Legal Assistance Group as 72% were erroneously decided upon. These cases
(FLAG) did a survey of 890 death row inmates. were returned to lower courts for further
Among other things, FLAG found that 79% of proceedings, reduced to life imprisonment, or even
death row inmates did not reach college and 63% reversed to acquittal. By detecting these errors, a
were previously employed in blue-collar work in total of 651 out of 907 lives were saved from lethal
sectors like agriculture, transport, and construction. injection.

Most tellingly, two-thirds of death row inmates had Unless this alarmingly high rate of “judicial errors”
a monthly wage on or below the minimum wage is fixed, bringing back the death penalty will only
(see Figure 3). Meanwhile, less than 1% of death put more innocent people on death
row inmates earned a monthly wage of more than
P50,000.One main reason behind this disparity is
that rich inmates have much more resources to
aggressively defend themselves in court (e.g., hiring
a battery of lawyers) compared to poor inmates.
Unless this imbalance is addressed,the death penalty
will only continue to be a vehicle for “selective
justice”.

Figure 4. Source: People v. Mateo, G.R. No. 147678-87, July


7, 2004. Note: Data were collected by the Judicial Records
Office of the Supreme Court as of June 8, 2004.

Figure 3. Source: FLAG (2004) 'Socio-economic profile of Conclusion: The death penalty is a naïve way
capital offenders in the Philippines'. Note: Income brackets are of dealing with criminality
in nominal terms.

The death penalty can be assailed on many grounds,


4) Previous death sentences were also error- whether moral, philosophical, or legal. But just by
prone. focusing on the available data, it is apparent that the
death penalty, as used in the past, was largely
Too many Filipinos were also wrongly sentenced to unnecessary and ineffective in reducing crime.
death before.
Even assuming for a moment that it was a deterrent,
In the case of People of the Philippines vs. the death penalty tended to discriminate against the
Mateo (2004), the Supreme Court admitted that a poor and was subject to alarmingly high error rates.
vast majority of trial courts had wrongfully imposed
It is no wonder that so many countries around the
world today have abolished the death penalty rather
than retained it. As of 2015, 140 countries have
abolished the death penalty in law or in practice.

Crime is a more complex and nuanced issue than


many of our politicians will care to admit.
Reinstating the death penalty – and equating death
with justice – is a patently naïve and simplistic way
of going about it. – Rappler.com

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