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Capital Punishment

Capital Punishment. Capital Punishment:. the killing of a person by judicial process as punishment . The term capital originates from Latin capitalis , literally "regarding the head" (Latin caput ). Hence, a capital crime was originally one punished by the severing of the head.

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Capital Punishment

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  1. Capital Punishment

  2. Capital Punishment: the killing of a person by judicial process as punishment. The term capital originates from Latincapitalis, literally "regarding the head" (Latin caput). Hence, a capital crime was originally one punished by the severing of the head.

  3. Death Penalty Executions in U.S. Last Updated November 16, 2012

  4. Famous Recipients of the Death Penalty • Aristotle • Jesus Christ • Mohammed (escaped) • Joan of Ark • Benito Mussolini

  5. Brief History of the Death Penalty in the United States • Colonial period  early 20th century: DP legal, executions carried out across our nation • Mid-19th century: abolitionist movement began to affect public perception of DP, some states limit or abolish • Late 19th  early 20th century: anti-DP movement gains momentum b/c of new theories questioning • 1917 mid-1940s: number of executions rose markedly • 1950s 1960s: anti-DP movement gains new momentum

  6. Average Executions in U.S. per year • 1930s: 167 • 1940s: 129 • 1950s: 72 • 1960s: single digits

  7. The Supreme Court and the D.P. • 1960s  1970s: important challenges to D.P. and revisions to state DP statutes • Furman vs. Georgia (1972): • determined that death penalty violated 8th amendment by causing “cruel and unusual punishment” b/c of lack of clear criterion

  8. History of the Death Penalty • Death Penalty suspended from 1972-1976 as a result of Furman vs. Georgia case.

  9. Significant Changes in the past 50 years • BIFURCATED TRIALS • 1st trial: determines defendant’s guilt or innocence • 2nd trial: if convicted, 2nd trial decides prison or death • USING AGGRAVATING/MITIGATING FACTORS • Aggravating: increases guilt (i.e. previous conviction) • Mitigating: lessening factors (i.e. age, non-violent past) • AUTOMATIC APPELATE REVIEW • Court of Appeals assures defendant’s constitutional rights • Another line of defense for defendant • PROPORTIONALITY REVIEW • Compares cases to prevent disproportionate sentences • Avoids disparities in death sentences

  10. Methods of Execution

  11. CA Death Penalty California uses a 3 drug combination for lethal injection: 1) sodium pentothal (an anesthetic) 2) pancuronium bromide (a paralytic agent) 3) potassium chloride (stops the heart and causes death). http://socialissues.wiseto.com/Topics/DeathPenalty/

  12. Arguments FOR / AGAINST Death Penalty 1. DETERENT TO VIOLENT CRIME FOR: potential criminals want to avoid execution; dead criminals can’t hurt others AGAINST: DP doesn’t prevent violent crime (TRUE: states with DP have more violent crime) 2. ECONOMICS FOR: execution cheaper than life in prison (FALSE) AGAINST: life in prison ($74,000) cheaper than execution ($1.26 million-appeals are major part of expense)

  13. Arguments FOR / AGAINST Death Penalty 3. JUSTICE FOR: punishment should match crime: one who kills should die AGAINST: -is “justice” a nice word for “vengeance”? -With DP, punishment doesn’t resolve crime. -capital punishment unfairly applied to poor -if victim is white, DP much more likely

  14. Arguments FOR / AGAINST Death Penalty 4. SCRIPTURE FOR: “eye for an eye” (Exodus 21); civl authority should punish (Romans 13:4) AGAINST: Jesus overturns “eye for an eye” (Mt. 5:38-9) -forgives those who crucify Him (Lk 23:34) -prevents execution of adulterous woman (Jn. 8:1-11)

  15. Arguments FOR / AGAINST Death Penalty 5. LEGITIMATE AUTHORITY FOR: -state has responsibility to defend the common good - state should maintain peace and security -good of whole more important than good of individual AGAINST: how does death row inmate pose direct and imminent threat to anyone?

  16. Arguments FOR / AGAINST Death Penalty 6. HUMAN DIGNITY FOR: execution enhances overall value of life in society as a whole -life is so great that if you take it, the price you pay is your own AGAINST: -All humans, no matter their sins, always retain their dignity, and their lives remain sacred in God’s eyes -society often diminishes dignity of criminals

  17. Race of Homicide Victims

  18. Race of people in the United States as of 2010

  19. Catholic Church's Teachings on D.P. 1. U.S. Catholic Catholic Church: Bishops (by a significant majority) voted to oppose the DP (1974) in the name of -peace -human dignity -God as Lord of life -Jesus’ radical call for forgiveness

  20. Catholic Church's Teachings on D.P. • Universal Church: Evangelium Vitae (Pope John Paul II, 1995): destruction of life never justified, but civil authorities do have right to appropriate punishments “the nature and extent of the punishment must be carefully evaluated and decided upon, and ought not go to the extreme of executing the offender except in cases of absolute necessity… when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are rare, if not practically non-existent.”

  21. Catholic Church's Teachings on D.P. SO… WHAT WOULD JESUS DO?

  22. Possible Innocence (cont) http://www.deathpenaltyinfo.org/innocence-and-death-penalty

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