Abolition of the Death Penalty: Why do we continue to kill?

1. Abolition of the Death Penalty: Why do we continue to kill? Kevin Kasbarian Fordham University Graduate School of Social Service New York, New York Social Work and the Law Prof. Tina Mashi

2. Increase in Death Row Inmates The United States is the only western democracy that still practices capital punishment. (Hansen 1992) In 1992, the Unites States had approximately 2,500 prisoners on death row; this year we have 3,094 inmates waiting on death row, the highest number of death row inmates are from the State of California, Texas and Alabama.” (DPIC 2014)

3. Mass Incarnation and Capital Punishment Policies: Who was affected? It has been estimated that black men have been admitted to state prison on charges at a rate that is more that thirteen times higher than white men. The mass incarceration of individuals during the last thirty-years has mostly impacted the African American population. This impact has destroyed the family unit and left many children without fathers and mothers.

4. Continued: Mass Incarnation and Capital Punishment Policies: Who was affected? Research has documented the greater likelihood to sentence a black defender to death for the murder of a white victim. (Baldus& Wentworth 1990) As for capital punishment the recent research indicates race of the offender and the victim, controlling for the seriousness of the offense and other extralegal variables, indicates the persistence of racial bias in capital punishment. (Gross & Maurao 1989)

5. Positionality Assessment and Theory Perspective “Oppression at the structural level refers to the means by which oppression is institutionalized in society.” (Mullay ) If individuals do not possess the characteristics considered of value or desirable, they become socially excluded and subject to discrimination and marginalization. And it these dynamics that underpin the social construction of oppression. (Dominelli 2002)

6. Continued: Positionality Assessment and Theory Perspective The criminal justice system is a vast network of institutions that have implemented structural oppression towards a subordinate group of individualssuch as African American and Hispanics Institutionalized oppression and discrimination is the most complex of systems because it is invisible and organized in a manner to favor the dominant group; this invisible dominant group is comprised of right wing conservatives in the United States.

7. How does Human Rights Impact Society’s Problem with Capital Punishment? The death penalty violates human rights laws subject to the UDHR; no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (UDHR) “The United Nations Convection against Torture was signed by the United States; this treaty bans the torture, cruel and inhumane and degrading treatment. The reality, however, is that widespread torture is happening today in our own country, especially in state and federal prisons and detention facilities.” (United Nations Human Rights) Our correctional facilities violates this treaty by allowing solitary confinement to be used; which results in physical, psychological, and emotional damage.

8. Continued: How does Human Right Impact the Society Problem of Capital Punishment? Universal Declaration of Human Rights (UDHR), Article 7 states, that all are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination. Capital punishment policy has discriminated against the lower socioeconomic group, comprised of a majority of African Americans and Hispanics; this particular group has not had access to proper legal representation in the criminal justice system and consequently has been subject to incarcerations and the death penalty at higher rates than whites.

9. Continued: How does Human Right Impact the Society Problem of Capital Punishment? Article 8 in the UDHR, also defends this the violation of human right for proper legal representation; in that everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. A majority of African Americans and Hispanic do not have the financial resources too higher skilled lawyers to advocate for their defense. This puts them in a compromised situation and creates an institutionalized system of discrimination and oppression because of their economic status.

10. What policies have changed in Capital Punishment Since the current use of DNA is many cases; it has allowed exoneration of prisoners that were charged with violent acts of murder and rape. Currently, 46 states admit DNA evidence in criminal proceedings; 300 prisoners and eighteen death row inmate have been exonerated by DNA evidence. Nationally, at least one person in exonerated for every 10 that are executed. (National Institute of Justice) This undeniably supports the evidence in the abolition of the death penalty; how as a society can we hold value in this policy knowing that individuals may be innocent.

11. Wasted resources attributed to the Death Penalty Policies The death penalty ranks the least effective tool when it comes to lowering violent crimes and curbing drug use. Capital punishment wastes limited resources; it squanders the time and energy of courts, prosecuting attorneys, defense counsels, juries, and courtroom and law enforcements personnel. It burdens the criminal justice system and it is counterproductive as an instrument for society’s control of violent crime.

12. Coalition Building to Change Policies • An effective way to advocate and support coalition building is through online organizations; such as the ACLU, Death Penalty Information Center and the Innocent Project. Here are some more websites to review: • http://www.deathpenaltyinfo.org/ • http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx • http://justice.uaa.alaska.edu/death/procon.html • http://www.amnestyusa.org/our-work/issues/death-penalty/us-death-penalty-facts/death-penalty-cost • http://www.nij.gov/topics/courts/restorative-justice/Pages/welcome.aspx

13. New Criminal Justice Model: Retributive vs. Restorative Justice In retributive justice focuses on a particular ideology that offenders should be punished for the crimes they have committed, even to the point of death. Restorative justice emphasizes an equal concern for crime victims and offenders, while deemphasizing the importance of coercion. It also seeks to focus on the harm done to persons and relationships rather than on the violation of a law. These two model are vastly in contrast and have been each have been evaluated for in effectiveness in reducing the crime and recidivism rates among offenders.

14. Restorative Justice Outcomes Recent research findings range wildly in their estimates of the beneficial effects of restorative justice programmes, especially regarding claims of reducing offender recidivism. Some researchers conclude that restorative justice is no more effective than court or retributive in this regard. Others claim demonstrate moderate reductions in recidivism of 10-15%. And some research projects report dramatic reductions of offender recidivism of 30% or more.

15. Restorative Justice Model Restorative justice is a common proactive in the US, with 393 victim-offenders mediation programs, 227 community board programs, 93 family group conferencing programs, and 17 sentencing circle programs around the country” (Dzur 2011) Most of the country is not using the restorative justice program, many states are experimenting with a few small scale programs.