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Outline: Capital Punishment and Death Sentence

Thesis: Current reasons, ethical arguments, and lack of empirical support in favor of capital punishment question its constitutionality, morality, and effectiveness as a means of facilitating deterrence, avenging crime victims and enforcing laws, and respecting human rights.

Outline

      1.            Introduction

• 1. Opening: So long as it remains in effect, capital punishment will remain a controversial topic with heated debates for and against it.
• 2. Thesis: Current reasons, ethical arguments, and lack of empirical support in favor of capital punishment question its constitutionality, morality, and effectiveness as a means of facilitating deterrence, avenging crime victims and enforcing laws, and respecting human rights

      2.            Body Paragraph I:

The importance of questioning the use of capital punishment

• 1. Because it’s a human life
• 2. To determine whether as a reaction to brutal crimes, we should result in taking lives.
• 3. Because of the diminishing support from the public (Jones, 2019)

1. Body Paragraph II:

Reasons why some states still use capital punishment

• 1. It is a form of deterrence.
• 2. It is a form of punishment – irrespective of whether it has future benefits.
• 3. As a form of avenging for the victims
• 4. As a way of indicating the seriousness of the violation of rights and laws (Bennett, 2015)

1. Body Paragraph III:

Constitutionality of capital punishment

• 1. It’s a violation of the human right to life (Prabhu, 2016)
• 2. It’s the use of the criminal justice system as a tool for retribution.
• 3. The offender poses no threat at the moment of their execution.

1. Body Paragraph IV:

Ethicality of capital punishment

• 1. It’s barbaric and ineffective.
• 2. Possibility of wrongful convictions (United Nations Human Rights, 2016)
• 3. Idiosyncracies by the prosecutors filing for the capital punishment (Wihbey, 2011)

1. Body Paragraph V:

Correctional effectiveness of capital punishment as a facilitator of deterrence

• 1. Information about executions does not get diffused in the way of promoting deterrence as a result.
• 2. The states conducting capital punishment don’t invest in proving the deterrent effect of the sentence (Amnesty International, 2014).
• 3. It does not reduce prison capacity

1. Body Paragraph VI:

Effectiveness of capital punishment as a means of justice

• 1. It does not provide solace for the victims of the crime (United Nations Human Rights, 2016)
• 2. Offenders do not get the chance to retribute or rehabilitate
• 3. There no sufficient efforts to research on or to understand and eliminate facilitators of such crimes:
  • 3.1. Mental and intellectual issues
  • 3.2. Tough and traumatic childhood (Smith et al., 2014)

1. Body Paragraph VII:

More constitutional, ethical and effective alternatives

• 1. Use prisoners as workers to run correctional facilities and sentence them to life imprisonment without parole.
• 2. Use incentive as a means of rehabilitation, reduced hardship in prison due to cooperation.
• 3. A more centralized, less discretionary prosecution department

1. Body Paragraph VIII:

Suggested areas of research

• 1. Research on more constructive ways of rehabilitating, even after lifetime incarceration, capital offenders
• 2. Finding out the effectiveness of capital punishment and diffusing information appropriately to the public.

  10.            Conclusion

References

Amnesty International. (2014, March 25). Death Sentences and Executions, 2013. Amnesty USA. https://www.amnestyusa.org/reports/death-sentences-and-executions-2013/

Bennett, C. (2015, August 1). It’s important to understand why some people support capital punishment. The Conversation. https://theconversation.com/its-important-to-understand-why-some-people-support-capital-punishment-43270

Jones, J. M. (2019, November 25). Americans Now Support Life in Prison Over Death Penalty. https://news.gallup.com/poll/268514/americans-support-life-prison-death-penalty.aspx

Prabhu, M. (2016). Capital Punishment and Eighth Amendment Rights. Journal of the American Academy of Psychiatry and the Law Online, 44(1), 128–130.

Smith, R., Cull, S., & Robinson, Z. (2014). The Failure of Mitigation? Hastings Law Journal, 65(1221), 1221–1256.

United Nations Human Rights. (2016). Death Penalty and the Victims (I. Šimunović (ed.)). United Nations.

Wihbey, J. (2011, May 26). Greater transparency in death penalty decisions. Journalist’s Resource. https://journalistsresource.org/studies/government/criminal-justice/transparency-death-penalty/