Death penalty neg inherency Answers



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Death Penalty Negative
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DEATH PENALTY NEG

Inherency Answers

1nc – Squo Solves

The status quo solves – it’s declining now.


Washington Post Editorial Board ‘20 [“The death penalty is unworthy of America,” Washington Post, 1-1-2020, Accessible Online at https://www.washingtonpost.com/opinions/the-death-penalty-is-unworthy-of-america/2020/01/01/1b0be1c6-2c05-11ea-bcd4-24597950008f_story.html)
For the fifth year in a row, fewer than 30 people were executed and fewer than 50 people were sentenced to death. Half of states representing half the population no longer execute people. With the New Hampshire legislature’s abolition of capital punishment last year, the punishment has been banned across New England and in all Northeastern states save Pennsylvania, where the governor has imposed a moratorium. Seven states executed 22 inmates last year, and Texas was responsible for nearly half. The state is also responsible for a large share of new death sentences. No one was executed west of Texas. Juries in California, the state with the largest death-row population, handed down three new death sentences in 2019. But California Gov. Gavin Newsom (D) declared a moratorium and ordered San Quentin State Prison’s execution chamber dismantled. Otherwise, new death sentences mostly came in the South, particularly in Florida. Death sentences are down some 90 percent from their mid-1990s peak. Executions are down some 77 percent from the late 1990s.

2nc – Squo Solves

The status quo solves both domestically and abroad.


Williams ‘16 [Williams, Kenneth (South Texas College of Law Houston Professor of Law, federal habeas attorney for several Texas death row inmates), Why and How the Supreme Court Should End the Death Penalty, February 18, 2016, Accessible at: https://ssrn.com/abstract=2734250] KL 6-24-20
The Court’s evolving standards of decency test could lead to the conclusion that the death penalty violates the Eighth Amendment. Although thirty-one states, the federal government, and the U.S. military still authorize the death penalty,243 this figure is misleading. Four of these states have Governor-imposed moratoriums on executions.244 Two other states and the U.S. military have not executed anyone during the modern era of capital punishment.245 Nine other states and the federal government have not carried out an execution in at least ten years.246 Several other states have small death rows and the death penalty is rarely sought in these states.247 Therefore, more than half of the states have either formally abolished the death penalty or have done so in practice. Only a small number of states continue to sentence inmates to death and carry out executions.248 However, even in these states, the use of the death penalty is in decline.249 Furthermore, even in the small number of active death penalty states, death sentences are typically meted out in only a few counties within the state.250 Most importantly, the Court in its recent Eighth Amendment decisions has deemphasized the sheer number of states that authorize a challenged practice and instead emphasized the direction of change.251 The movement is clearly in the direction of abolition. Numerous states have abolished the death penalty during the last ten years.252 Voters in California, however, refused to abolish the death penalty in the November 2016 election.253 Despite this setback, the Court’s criteria still definitively points toward abolition. Additional objective evidence of the movement away from the death penalty is abundant. First, in striking down the death penalty for juveniles and intellectually disabled inmates, the Court emphasized the fact that the practices had become so rare.254 As discussed earlier,255 there has been a significant decline in death sentences over the last fifteen years.256 Second, several respected professional and religious organizations support the abolition of the death penalty or imposing a moratorium on executions. Most notably, the American Law Institute has withdrawn the death penalty provision of the Model Penal Code.257 Third, several former and present Justices have publicly called attention to the problems in the administration of the death penalty.258 Fourth, in its Eighth Amendment decisions, the Court has considered the opinions of the international community with respect to a particular practice.259 In this regard, most nations in the world community have abolished the death penalty either by law or in practice.260 The United States’ use of the death penalty has isolated it from the international community. For instance, many nations will not extradite criminal suspects to the United States without an assurance that the suspect will not be sentenced to death.261 In addition, several nations have challenged the United States’ attempt to execute their citizens.262


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