Death penalty neg inherency Answers


Ending the death penalty doesn’t stop innocents from being convicted --- it actually INCREASES the likelihood that claims of innocence will be canvassed



Download 70.08 Kb.
Page25/25
Date22.09.2022
Size70.08 Kb.
#156492
1   ...   17   18   19   20   21   22   23   24   25
Death Penalty Negative
the gutters, 2nc Lansing Rnd5, 1AC Practice 10-20, Speech 1ac Ag runoff 8-31 12AM, Speech 1AC CAFOs personal, send cards, 2nr , Con Side, Movements DA, Marijuana Neg, Federalism DA, Court Packing DA, Death Penalty Affirmative, Aff AT Movements DA

Ending the death penalty doesn’t stop innocents from being convicted --- it actually INCREASES the likelihood that claims of innocence will be canvassed


Steiker, 14 --- Professor at the University of Texas School of Law (Fall 2014, Jordan, “PANEL THREE: THE WISDOM OF CAPITAL PUNISHMENT (APART FROM MORALITY OR THE RISK OF CONVICTING THE INNOCENT): THE AMERICAN DEATH PENALTY FROM A CONSEQENTIALIST PERSPECTIVE,” 47 Tex. Tech L. Rev. 211, Nexis Uni via Umich Libraries, JMP)
Before moving forward, I will offer a brief comment on suspending concerns relating to convicting and executing the innocent. This concern has undoubtedly contributed significantly to the decline in support for and use of capital punishment over the past fifteen years. I remain something of a skeptic about the strength of the argument from innocence (in comparison to other anti-death-penalty or pro-repeal claims). 12 In particular, I regard the argument as rooted in an overly optimistic view about the error-correcting potential of our criminal-justice system. That claim might sound odd because the argument from innocence appears to rest on the fallibility of human endeavors, including the administration of criminal punishment. But, lurking beneath the argument from innocence is the somewhat naive view that without the death penalty, significant errors and false convictions would be discovered and corrected. So, the argument goes, if someone is sentenced to life imprisonment rather than death, there is always the possibility of vindication. What this view ignores is the disturbing fact that non-death-sentenced inmates rarely have any meaningful review of their convictions. 13 They lack lawyers to investigate and present "newly-discovered" evidence in state and federal postconviction proceedings, and fundamental errors, including wrongful conviction, are unlikely to come to light. 14 In fact, the presence of the death penalty seems to increase the likelihood that claims of innocence will be canvassed. 15 More resources, judicial attention, and public concern flow to claims of innocence asserted by condemned inmates than to those asserted by inmates merely facing lengthy confinement. 16[*214] I do not wish to understate the horror of executing the innocent, nor do I want to understate the horror of lengthy-in most cases lifetime-incarceration for persons wrongfully convicted of murder but not sentenced to death. In sheer numbers, this is a much larger group; it seems to me a complicated empirical question whether the presence of the death penalty leads to more or less "wrongful punishment" over the long term.
Download 70.08 Kb.

Share with your friends:
1   ...   17   18   19   20   21   22   23   24   25




The database is protected by copyright ©essaydocs.org 2022
send message

    Main page