Saturday, October 18, 2008

capital punishment is justifiable!!!!!! speech outline

Introduction
 -defines execution as the act or an instance of putting to death or being put to death as a lawful penalty.
 There are various hot debates on this issue especially criticizing Muslims but that doesn’t end as capital punishment exist in most western countries like USA and UK.
 -shouldn’t we think of the families that are broken apart now because of the merciless acts of these criminals?
Body
Incapacitation of the criminal.
Capital punishment permanently removes the worst criminals from society and should prove much cheaper and safer for the rest of us than long term or permanent incarceration. It is self evident that dead criminals cannot commit any further crimes, either within prison or after escaping or being released from it.
 Some criminals are beyond rehabilitation; it may be that capital punishment should be reserved for serial killers, terrorists, murderers of policemen and so on. There is evidence that Major religions also support death penalty as a principle depending on circumstances.
Costly.
Money is not an inexhaustible commodity and the state may very well better spend our (limited) resources on the old, the young and the sick etc., rather than on the long term imprisonment of murderers, rapists, etc. key advantage of the death penalty over life imprisonment: it saves tax-payers the huge cost of keeping murderers locked up.
 Why should the taxpayer bear the cost of supporting a murderer for an entire lifetime? Huge opportunity cost shows that such money could be used much beneficial way to the society.
Retribution.
Execution is a very real punishment rather than some form of "rehabilitative" treatment, the criminal is made to suffer in proportion to the offence. Although whether there is a place in a modern society for the old fashioned principal of "lex talens" (an eye for an eye), is a matter of personal opinion.
 Some may argue that death penalty is barbaric but the reality is big criminals the ones that make nations uncivilized. They are the ones that are the most uncivilized individuals. If anything, the death penalty is not enough. It can never bring back the loved ones to the families that have lost them. It can never bring back the innocent lives that have been taken in cold blood Retribution is seen by many as an acceptable reason for the death penalty according to survey results.
Deterrence.
 Statistics prove that consistent application of death penalty deter crimes, in those countries (e.g. Singapore) which almost always carry out death sentences, there is far less serious crime. Suspension in death penalty in Britain showed 125% rise in murder. This tends to indicate that the death penalty is a deterrent, especially where execution is an absolute certainty.
 A 1985 study (Stephen K. Layson, University of North Carolina) showed that 1 execution deterred 18 murders. it may be better for them get one big punishment before dieing of small painful punishments.

Conclusion
 We can no longer sit and let our lives be terrorized. No longer can we sit back and watch criminals be released and then kill again. If we give up our punishing a deadly criminal, then we throw our society into chaos and let the criminals freely do as they please.
 We must make the world safe so that we and our children may once again live in a world without the fear of being senselessly killed or losing our loved ones. For a cold blooded killer, capital punishment is the only true justice.

4 comments:

Anonymous said...

Thank you so much for valuable resources !!

dudleysharp said...

Cost Savings: The Death Penalty
Dudley Sharp, Justice Matters, contact info below

Reasonable and responsible protocols, currently in use, will produce a death penalty which costs no more, or will cost less, than Life Without Parole (LWOP).

Death penalty states could better implement justice, as given by jurors, and save taxpayers money, currently wasted by many irresponsible state systems.


1) Obvious solution: Improve the system: Virginia executes in 5-7 years. 65% of those sentenced to death have been executed. Only 15% of their death penalty cases are overturned. The national averages are 11 years, 14% and 36%, respectively.

With the high costs of long term imprisonment, a true life sentence will be more expensive than such a death penalty protocol.


2) Current cost study problems

a) Geriatric care: Most cost studies exclude geriatric care, recently found to be $60,000-$90,000/inmate/yr., a significant omission from life sentence costs. Prisoners are often found to be geriatric at relatively young ages, 50-55, because of lifestyle.

b) Plea Bargain to life: ONLY the presence of the death penalty allows for a plea bargain to a maximum life sentence. Such plea cost benefit, estimated at $500,000 to $1 million/case, accrues as a cost benefit/credit to the death penalty. I am aware of no study which includes this.

c) The cost of death row: There need not be any additional cost for death row. Missouri doesn't have one.

NOTE: Depending upon jurisdiction, the inclusion of only 2a and 2b will result in a minimal cost differential between the two sanctions or an actual net cost benefit to the death penalty. Adding (1) would, very likely, mean that all death penalty jurisdictions would see a cost savings with the death penalty as compared to a true life sentence.


3) The Disinformation problem: The pure deception in some cost "studies" is overt.

a) Some studies compare the cost of a death penalty case, including pre trial, trial, appeals and incarceration, to only the cost of incarceration for 40 years, excluding all trial costs and appeals, and geriatric care for a life sentence. The much cited, highly misleading Texas "study" does this.
b) It has been claimed that it costs $3.2 million/execution in Florida. That "study" decided to add the cost of the entire death penalty system in Florida ($57 million), which included all of the death penalty cases and dividing that number by only the number of executions (18). It is the same as stating that the cost of LWOP is $15 million/case, based upon all costs of 2000 LWOP cases being placed into the 40 lifers to have died (given an average cost of $300, 000/LWOP case, so far, for those 2000 cases.). The much cited and misused Duke University death penalty cost analysis for North Carolina does the same thing.
c) Many of the "studies", such as Maryland's (2008), suffer from similar or worse problems.


4) Deterrence "value": FCC economist Dr. Paul Zimmerman finds that executions result in a huge cost benefit to society. "Specifically, it is estimated that each state execution deters somewhere between 3 and 25 murders per year (14 being the average). Assuming that the value of human life is approximately $5 million {i.e. the average of the range estimates provided by Viscussi (1993)}, our estimates imply that society avoids losing approximately $70 million per year on average at the current rate of execution all else equal." The study used state level data from 1978 to 1997 for all 50 states (excluding Washington D.C.). (1)

That is a cost benefit of $70 million per execution. 15 additional recent studies, inclusive of their defenses, support the deterrent effect.

No cost study has included such calculations.

Although we find it inappropriate to put a dollar value on life, evidently this is not uncommon for economists, insurers, etc.

We know that living murderers are infinitely more likely to harm and murder, again, than are executed murderers. There is no doubt that executions do save innocent lives. What value do you put on the lives saved? Certainly not less than $5 million.


5) Justice: The main reason sentences are given is because jurors find that it is the most just punishment available. No state, concerned with justice, will base a decision on cost alone. If they did, all cases would be plea bargained and every crime would have a probation option.
----------------------------------

1). "State Executions, Deterrence and the Incidence of Murder", Paul R. Zimmerman (zimmy@att.net), March 3. 2003, Social Science Research Network, http://papers.ssrn.com/sol3/delivery.cfm/SSRN_ID354680_code021216500.pdf?abstractid=354680

copyright 2003-2009 Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.

Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas

Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

Pro death penalty sites

essays http://homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www.dpinfo.com
www.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
yesdeathpenalty.googlepages.com/home2 (Sweden)
www.wesleylowe.com/cp.html

dudleysharp said...

The Death Penalty: More Protection for Innocents
Dudley Sharp, Justice Matters, contact info below

Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.

Enhanced Due Process

No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.

Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.

That is. logically, conclusive.

Enhanced Incapacitation

To state the blatantly clear, living murderers, in prison, after release or escape, are much more likely to harm and murder, again, than are executed murderers.

Although an obvious truism, it is surprising how often folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.

Enhanced Deterrence

16 recent studies, inclusive of their defenses, find for death penalty deterrence.

A surprise? No.

Life is preferred over death. Death is feared more than life.

Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.

What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.

Even the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.

Enhanced Fear

Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.

Reality paints a very different picture.

What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.

What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.

What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.

This is not, even remotely, in dispute.

What of that more rational group, the potential murderers who choose not to murder, is it likely that they, like most of us, fear death more than life?

Life is preferred over death. Death is feared more than life.

The False Promise

Part of the anti death penalty deception is that a life sentence, with no possibility of release, is a superior alternative to the death penalty. It's a lie. History tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc. There are few absolutes with sentencing. But, here are two: the legislature can lessen the sentences of current inmates, retroactively, and the executive branch can lessen any individual sentence, at any time. This has been, actively, pursued, for a number of years, in many states, because of the high cost of life sentences and/or geriatric care, found to be $60,000-$90,000 per year per inmate.

Innocents released from death row: Some reality

Furthermore, possibly we have sentenced 25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.

The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers, The New York Times, has recognized that deception.

"To be sure, 30 or 40 categorically innocent people have been released from death row . . . "(1) This when death penalty opponents were claiming the release of 119 "innocents" from death row. Death penalty opponents never required actual innocence in order for cases to be added to their "exonerated" or "innocents" list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.

There is no proof of an innocent executed in the US, at least since 1900.

If we accept that the best predictor of future performance is past performance, we can, reasonably, conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.

Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?

Unlikely.

In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.

--------------------------------

Full report -All Innocence Issues: The Death Penalty, upon request.

Full report - The Death Penalty as a Deterrent, upon request

(1) The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times

copyright 2007-2009, Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.

Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com 713-622-5491,
Houston, Texas

Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS, VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

Pro death penalty sites

Essays: http://homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www.dpinfo.comwww.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html See death penalty
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
http://yesdeathpenalty.googlepages.com/home2 (Sweden)

dudleysharp said...

You seem to misunderstand deterrence.

Death Penalty, Deterrence & Murder Rates: Let's be clear
by Dudley Sharp, Justice Matters, 0309

There is a constant within all jurisdictions -- negative consequences will always deter some - it is a truism. Therefore, the question is not "Can we prove that the death penalty acts to deter some?" Of course it does. The question is "Can death penalty opponents prove the death penalty does not deter some?" Of course they can't.

Whether a jurisdiction has high murder rates or low ones, rather rising or lowering rates, the presence of the death penalty will produce fewer net murders, the absence of the death penalty will produce more net murders.

It is just like smoking rates or the rates at which people speed in their cars, whether a jurisdiction has the highest such rates or the lowest of such rates, there will always be some, in all jurisdictions, who don't smoke because of the deterrence of fear of health problems and don't speed because of the deterrence of speeding violations, resulting in criminal prosecution and higher insurance costs.

The Poor Model

In their story, "States With No Death Penalty Share Lower Homicide Rates", The New York Times did their best to illustrate that the death penalty was not a deterrent, by showing that the average murder rate in death penalty states was higher than the average rate in non death penalty states and, it is. (1)

What the Times failed to observe is that their own study confirmed that you can't simply compare those averages to make that determination regarding deterrence.

As one observer stated: "The Times story does nothing more than repeat the dumbest of all dumb mistakes — taking the murder rate in a traditionally high-homicide state with capital punishment (like Texas) and comparing it to a traditionally low-homicide state with no death penalty (like North Dakota) and concluding that the death penalty doesn't work at all. Even this comparison doesn't work so well. The Times own graph shows Texas, where murder rates were 40 percent above Michigan's in 1991, has now fallen below Michigan . . .". (2)

Within the Times article, Michigan Governor John Engler states, "I think Michigan made a wise decision 150 years ago," referring to the state's abolition of the death penalty in 1846. "We're pretty proud of the fact that we don't have the death penalty."(3)

Even though easily observed on the Times' own graphics, they failed to mention the obvious. Michigan's murder rate is near or above that of 31 of the US's 38 death penalty states. And then, it should be recognized that Washington, DC (not found within the Times study) and Detroit, Michigan, two non death penalty jurisdictions, have been perennial leaders in murder and violent crime rates for the past 30 years. Delaware, a jurisdiction similar in size to them, leads the nation in executions per murder, but has significantly lower rates of murders and violent crime than do either DC or Detroit, during that same period.

Obviously, the Times study and any other simple comparison of jurisdictions with and without the death penalty, means little, with regard to deterrence.

Also revealed within the Times study, but not pointed out by them,: "One-third of the nation's executions take place in Texas—and the steepest decline in homicides has occurred in Texas, Oklahoma, Louisiana and Arkansas, which together account for nearly half the nation's executions." (4)

And, the Times also failed to mention that the major US jurisdiction with the most executions is Harris County (Houston, Texas), which has seen a 73% decrease in murder rates since resuming executions in 1982 -- possibly the largest reduction for a major metropolitan area since that time.

Also omitted from the Times review, although they had the data, is that during a virtual cessation of executions, from 1966-1980, that murders more than doubled in the US. Based upon the New York Times model, that indicates a strong and direct correlation between the lack of executions and the dramatic increase in murders, if that is specifically what you are looking for. But, you shouldn't be.

If deterrence was measured by direct correlation's between execution, or the lack thereof, and murder rates, as implied by the Times article, and as wrongly assumed by those blindly accepting that model, then there would be no debate, only more confusion. Which may have been the Times' goal.

Let's take a look at the science.

Some non death penalty jurisdictions, such as South Africa and Mexico lead the world in murder and violent crime rates. But then some non death penalty jurisdictions, such as Sweden, have quite low rates. Then there are such death penalty jurisdictions as Japan and Singapore which have low rates of such crime. But then other death penalty jurisdictions, such as Rwanda and Louisiana, that have high rates.

To which an astute observer will respond: But socially, culturally, geographically, legally, historically and many other ways, all of those jurisdictions are very different. Exactly, a simple comparison of only execution rates and murder rates cannot tell the tale of deterrence. And within the US, between states, there exist many variables which will effect the rates of homicides.

See murder rate REVIEW, below

As so well illustrated by the Times graphics, a non death penalty state, such as Michigan has high murder rates and another non death penalty state, such as North Dakota, has low murder rates and then there are death penalty states, such as Louisiana, with high murder rates and death penalty states, such South Dakota, with low rates. Apparently, unbeknownst to the Times, but quite obvious to any neutral observer, there are other factors at play here, not just the presence or absence of the death penalty. Most thinking folks already knew that.

As Economics Professor Ehrlich stated in the Times piece and, as accepted by all knowledgeable parties, there are many factors involved in such evaluations. That is why there is a wide variation of crime rates both within and between some death penalty and non death penalty jurisdictions, and small variations within and between others. Any direct comparison of only execution rates and only murder rates, to determine deterrence, would reflect either ignorance or deception.

Ehrlich called the Times study "a throwback to the vintage 1960's statistical analyses done by criminologists who compared murder rates in neighboring states where capital punishment was either legal or illegal." "The statistics involved in such comparisons have long been recognized as devoid of scientific merit." He called the Times story a "one sided affair" devoid of merit. Most interesting is that Ehrlich was interviewed by the Time's writer, Fessenden, who asked Ehrlich to comment on the results before the story was published. Somehow Ehrlich's overwhelming criticisms were left out of the article.

Ehrlich also referred Fessenden to some professors who produced the recently released Emory study. Emory Economics department head, Prof. Deshbakhsh "says he was contacted by Fessenden, and he indicated to the Times reporter that the study suggested a very strong deterrent effect of capital punishment."

Somehow, Fessenden's left that out of the Times story, as well. (5). This has become the common rule for anti death penalty journalism.

It is the same for all prospects of a negative outcome - they all deter some.

Maybe the Times will be a bit more thoughtful, next time.

REVIEW

"The List: Murder Capitals of the World", 09/08, Foreign Policy Magazine
Capital punishment (cp) or not (ncp)
murder rates/100,000 population

4 out of the top 5 do not have the death penalty

1. Caracas (ncp), Venezuela 130-160
Bad policing.
2. New Orleans (cp), La, USA 69-95
Variable because of different counts in surging population. Drug related.
Nos 2 & 3 in US, Detroit (ncp), 46 and Baltimore (cp), 45.
3. Cape Town (ncp), South Africa 62
Most crimes with people who know each other.
4. Port Mores (ncp), Papua New Guinea 54
Chinese gangs, corrupt policing
5. Moscow (ncp), Russia 9.6
various

Of the Top 10 Countries With Lowest Murder Rates (1), 7 have the death penalty

O f the Top 10 Countries With Highest Murder Rates (2), 5 have the death penalty

Top 10 Countries With Lowest Murder Rates
Iceland 0.00 ncp
Senegal 0.33 ncp
Burkina Faso 0.38 cp
Cameroon 0.38 cp
Finland 0.71 ncp
Gambia 0.71 cp
Mali 0.71 cp
Saudi Arabia 0.71 cp
Mauritania 0.76 cp
Oman cp


Top 10 Countries With Highest Murder Rates
Honduras 154.02 ncp
South Africa 121.91 ncp
Swaziland 93.32 cp
Colombia 69.98 ncp
Lesotho 50.41 cp
Rwanda 45.08 ncp
Jamaica 37.21 cp
El. Salvador 36.88 cp
Venezuela 33.20 ncp
Bolivia 31.98 cp

(1) http://www.mapsofworld.com/world-top-ten/countries-with-lowest-murder-rates.html no date

(2) http://www.mapsofworld.com/world-top-ten/countries-with-highest-murder-rates.html no date


FOOTNOTES

1) "States With No Death Penalty Share Lower Homicide Rates", The New
York Times 9/22/00 located at
www.nytimes.com/2000/09/22/national/22STUD.html and www.nytimes.com/2000/09/22/national/22DEAT.html
2) “Don't Know Much About Calculus: The (New York) Times flunks high-school
math in death-penalty piece", William Tucker, National Review, 9/22/00, located
at www.nationalreview.com/comment/comment092200c.shtml
3) ibid, see footnote 11
4) "The Death Penalty Saves Lives", AIM Report, August 2000, located at
www. aim.org/publications/aim_report/2000/08a.html
5) "NEW YORK TIMES UNDER FIRE AGAIN", Accuracy in Media, 10/16/00, go to www.aim.org/

copyright 2000-2009 Dudley Sharp: Permission for distribution of this document, in whole or in part, is approved with proper attribution.

Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas

Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

Pro death penalty sites

homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www.dpinfo.com
www.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
yesdeathpenalty.googlepages.com/home2 (Sweden)
www.wesleylowe.com/cp.html