THE DEATH PENALTY
ICCPR Article 6:"no one shall be arbitrarily deprived of his life" The death penalty: – Only for the most serious crimes – Not be imposed on pregnant women – Not imposed on those who were under the age of 18 at the time of the crime. Article 7:"no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.« 1989 Optional Protocol banning death penalty
History of death penalty The Bloody Code: England and Wales The USA also adopted the bloody code 1972 Supreme Court ban on death penalty 1976 Supreme Court reinstated death penalty Pro-death penalty judges have changed their minds
USA
Used only for capital murders
Death penalty in the World
Death penalty in the world
China Wide range of capital crimes Economic crimes included The number of executions are state secrets Public support for death penalty
Iran Wide range of crimes Includes adultery, blasphemy, ghesas Reyhaneh Jabbari during trial in 2008
Execution Methods Stoning Guillotine Hanging Shooting Electric chair Gas chamber Lethal injection
Justifications Individuals can be sacrificed for public good – It deters future criminals The death penalty is the will of the people The death penalty is lower-cost than life imprisonment It is required for social justice- eye for an eye
Critiques Does it really deter?
Critiques (deterrence cont’d) Bowers and Pierce: “there are more murders in the years that follow death penalty executions” – (1) executions desensitize the public to the immorality of killing, – (2) the state legitimizes vengeance – (3) executions also have an imitation effect
Critiques Public opinion surveys
Critiques Marxists: The capitalist system turns humans into animals. Individualism and alienation Socialism makes humans feel social beings again.
Race and inequality Race of Defendants Executed in the U.S. Since 1976
Race and Inequality Persons Executed for Interracial Murders in the U.S. Since 1976
Socio-economic inequality Ability to afford quality legal representation Ability to pay the victims’ families