The Instigator
Meganrihanne1992x
Con (against)
Losing
4 Points
The Contender
Justinisthecrazy
Pro (for)
Winning
11 Points

Death penalty is wrong.

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Voting Style: Open Point System: 7 Point
Started: 3/4/2009 Category: Religion
Updated: 7 years ago Status: Voting Period
Viewed: 4,086 times Debate No: 7230
Debate Rounds (3)
Comments (11)
Votes (3)

 

Meganrihanne1992x

Con

Im going to keep this short and simple
why the death penalty?
A few people have said... It gives an easy way out?
How would anyone know what an individual wants , noone wants to die.
The death penalty is established in many countries in different ways..hanging ..legal injection , etc. This is humane
Ive seen statistically how many teenagers.. are waiting in Death row, its preety dispicable people need rehabilitation Not just death
people may think its an easy way out for prisoners. But no its an easy way out for the goverement who wants to waste there time with someone who is physically and mentally dangerous?
People need to realise the death penalty is decreasing civilisation...Its people who rebel to this that ridicule it.
These people call themself religious?
12 people from different backgrounds and beliefs (jury)
been taken responsible for someone elses life?
.....Get real.
Justinisthecrazy

Pro

she seems to have gone con saying the death penalty is wrong and I am the pro saying the death penalty is good. I believe that the name of the topic was misleading but that is besides the point. I will defend the death penalty as best as i can.

1)The death penalty does not condemn the innocent to die
There is absolutely no proof for this statement. Before any person is executed in this country, twelve members of a carefully selected jury have to decide -- beyond a reasonable doubt -- that a defendant is guilty. The possibility of an innocent person being executed is extremely small, and continues to decrease with the improvement of forensic science. It is true that death row prisoners have been released, but it is not always true that they were innocent.

Consider the following fact: A judgment of acquittal is final.Even if overwhelming evidence is later uncovered, the prosecution can never appeal. A retrial would constitute "double jeopardy" which is not permitted under the Fifth Amendment to the United States Constitution. Likewise, if a conviction is reversed on appeal because the evidence of guilt was legally insufficient to prove guilt beyond a reasonable doubt, then the defendant cannot be retried. Furthermore, if a court decides that the evidence brought against the defendant was legally insufficient, it is not saying that the defendant was actually innocent. By making this decision, the court is merely saying that the prosecution did not prove the defendant's guilt beyond a reasonable doubt.

Dudley Sharp notes, "It is important to preserve the distinction between acquittal and innocence, which is regularly obfuscated in news media headlines." The media often overlooks this distinction, and thrives on causing widespread panic that an innocent person was falsely convicted. Being acquitted, however, does not mean that the defendant did not actually commit the crime. A jury must acquit "someone who is probably guilty but whose guilt is not established beyond a reasonable doubt." Gregg v. Georgia, 428 U.S. 153, 225 (1976).

2)The death penalty is a crime deterrent
The death penalty as a deterrent to crime is not the issue. Capital punishment is, pardon the redundancy, a punishment for crime. As a punishment, the death penalty is 100% effective--every time it is used, the prisoner dies.

Additionally, the death penalty is actually 100% effective as a deterrent to crime: the murderer will never commit another crime once he has been executed. While there is no proof that any innocents have been executed in this century, there is an abundance of evidence that prisoners who either escaped or were released early murdered innocent victims again.Professor Paul Cassell points out that

Out of a sample of 164 paroled Georgia murderers, eight committed subsequent murders within seven years of release. A study of twenty Oregon murderers released on parole in 1979 found that one (i.e., five percent) had committed a subsequent homicide within five years of release. Another study found that of 11,404 persons originally convicted of "willful homicide" and released during 1965 and 1974, 34 were returned to prison for commission of a subsequent criminal homicide during the first year alone.

Even those who are not released but still serve life terms murder again. Cassell further notes that, "At least five federal prison officers have been killed since December 1982, and the inmates in at least three of the incidents were already serving life sentences for murder."Had these prisoners been executed, innocent lives would have been saved. The death penalty is, without question, a deterrent to murder.

3)The death penalty is not cruel and unusual punishment.

The framers of the Constitution supported the death penalty, and in fact constructed laws in order to carry it out, so it is ridiculous to claim that cruel and unusual punishment refers to the death penalty. Justice Antonin Scalia observed,

The Fifth Amendment provides that ' no persons shall be held to answer for a capital...crime, unless on a presentment or indictment of a Grand Jury...nor be deprived of life...without the due process of law.' This clearly permits the death penalty to be imposed, and establishes beyond doubt that the death penalty is not one of the 'cruel and unusual punishments' prohibited by the Eighth Amendment.

The American draftsmen were primarily concerned with proscribing "tortures" and other "barbarous" methods of punishment. The U.S. Supreme Court noted in Gregg v. Georgia that

In the earliest cases raising Eighth Amendment claims, the Court focused on particular methods of execution to determine whether they were too cruel to pass constitutional muster. The constitutionality of the sentence of death itself was not at issue... (emphasis mine).

The Senate Judiciary Committee once noted,

murder does not simply differ in magnitude from extortion or burglary or property destruction offenses; it differs in kind. Its punishment ought to also differ in kind. It must acknowledge the inviolability and dignity of innocent human life. It must, in short, be proportionate.

Furthermore, it is logically impossible to be cruel while punishing a guilty murderer for murdering an innocent victim.

I have tried to argue here that the death penalty is moral and just. We must never forget that no one has to be executed; if no one murders, no one is executed. Murderers are not innocent people fighting for their lives; that statement describes their victims. Let us work in America to get back the mentality that victim rights are more important than criminal rights.
Debate Round No. 1
Meganrihanne1992x

Con

Meganrihanne1992x forfeited this round.
Justinisthecrazy

Pro

I have no arguement to refute. Also I would like to note none of mine were refuted. So i stand on my first attack on the subject
Debate Round No. 2
Meganrihanne1992x

Con

Meganrihanne1992x forfeited this round.
Justinisthecrazy

Pro

she didnt make a case vote aff
Debate Round No. 3
11 comments have been posted on this debate. Showing 1 through 10 records.
Posted by Justinisthecrazy 7 years ago
Justinisthecrazy
ya and i can go either way on the death penalty but overall I dont think we use it enough but sure I'll argue in negation with ya
Posted by gregthedestroyer 7 years ago
gregthedestroyer
I am for the death penalty. I will debate yo on it but not right now. let me konw if you want to do it.
Posted by Justinisthecrazy 7 years ago
Justinisthecrazy
id like to actually debate this lol
Posted by JP 7 years ago
JP
no, meagan's.
Posted by Justinisthecrazy 7 years ago
Justinisthecrazy
jp mine?
Posted by JP 7 years ago
JP
there were so many spelling and punctuation errors in your opening statement that I couldn't even understand it.
Posted by gregthedestroyer 7 years ago
gregthedestroyer
yes it is misleading. i wanted to accept if i would defend it saying its good. but i didn't want to accept and end of losing cause i didn't understand.
Posted by saamanthagrl 7 years ago
saamanthagrl
"I couldn't understand any of it."
Agreed.
Posted by Justinisthecrazy 7 years ago
Justinisthecrazy
so your debating that the death penalty is wrong? and if i went pro I would say it is good?
Posted by lordjosh 7 years ago
lordjosh
I couldn't understand any of it.
3 votes have been placed for this debate. Showing 1 through 3 records.
Vote Placed by Justinisthecrazy 7 years ago
Justinisthecrazy
Meganrihanne1992xJustinisthecrazyTied
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Vote Placed by zach12 7 years ago
zach12
Meganrihanne1992xJustinisthecrazyTied
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Vote Placed by Alex 7 years ago
Alex
Meganrihanne1992xJustinisthecrazyTied
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Total points awarded:40