my last speech
I realize that as I post my speech up, other people can use it... word for word. It's alright with me. But really, my speech is just not here for posterity. Anyway, even though I was supposed to have a definite feeling or direction by my third speech, I don't anymore. I have mixed feelings. I just really hate our justice system--that's definite. This last speech put me in dissonance because ... just because. I'm not saying that restorative justice works in all instances.. but I think it's a step toward the betterment of humanity or society. Personally, when I will be working, I don't want to see my tax dollars going toward the death penalty. $2.3 million to execute one person in Texas. I couldn't find anything for the state of Illinois because Gov. Ryan commuted everyone, so that's why I decided to choose my target audience as Texans. And not to mention how much an appellate review cost.. it's ridiculous. I feel that really we need to put our efforts into something else. Like I said before, and I'll say it again: Restorative justice is not really the answer, but it's better than what we have here. I've never felt sooo fervent about a topic even though I'm in great dissonance.
And I realize that once I graduate and move on, I may lose touch with this topic. It sucks. A lot of psych majors like me, actually go into law. Except I would be there for totally different reasons. I wouldn't want to be the ordinary lawyer but instead, to change the justice system by offering a policy change and so forth. Actually, lawyers can't do anything without the help of policymakers because it is the policymakers who can actually make things happen.
Okay so here is my speech outline exactly as I turned it in. Of course when I gave the speech to the class, I modified it slightly, but those modifications are negligible.
Restorative Justice: A Solution to the Death Penalty
Target Audience: The target audience will be lawyers, judges, and policymakers in the Texas area.
Introduction
I. Let’s pretend for a moment, that the money in this jar is worth about 2.3 million dollars and that this is your money.
A. The cost to execute one person in this state of Texas is about $2.3
million according to Richard Dieter, the executive director of the Death
Penalty Information Center (1995) (Death Penalty Information Center,
1995; Texas Moratorium Network, n.d.).
B. And guess where the money comes from?
1. From you, the taxpayers. (pour money into death penalty pot)
II. The costliness of the death penalty is just one of the many problems
of the system.
A. We need to stop wasting our time, money, and effort on the death
penalty.
III. Today, I stand in front of many distinguished and respectable
lawyers, judges, and policymakers, and I would like to encourage you to
put your efforts into restorative justice as a solution in place of the
death penalty, as I have spent much time researching the benefits of
restorative justice and the problems associated with the death penalty.
(Transition: I will begin by talking about the problems with the death
penalty.)
Body
I. The death penalty is not found to violate the eighth amendment which
states that cruel and unusual punishment is prohibited (Ewer, 1980; Karge,
1978).
A. However, the death penalty does violate the eighth amendment even
though it is not found to violate it.
B. For example, there are states that choose to use the death penalty
and there are states that choose not to use the death penalty, according
to the Death Penalty Information Center (2005).
1. Here is a list of states that use the death penalty. (show visual aid)
2. (show next visual aid) And this is a list of states that do not use
the death penalty.
C. The reason for this difference is because the states that choose to
use the death penalty do not see it as a cruel and unusual punishment,
when in fact it is.
D. The death penalty is also a cruel and unusual punishment for those
are wrongfully convicted of a crime he or she did not commit.
1. When released from conviction, this person will usually have a hard
time adjusting back to society and may not even want to because of the
branded name tag that has to be carried around (Burnett, 2005).
II. The death penalty also violates the fourteenth amendment which states
that everyone must be provided equal protection whether or not one is a
citizen (Ewer, 1980).
A. Take for example the Francis vs. Resweber case in 1946.
1. The first execution of Francis failed because there was a mechanical
error and on the second attempt, Francis resisted but was offered no
protection.
2. The second attempt also violated the double jeopardy clause of the
fifth amendment which states that a person may only be tried once for a
certain offense; and not to mention, to have Francis sit through the
electrocution process again is a cruel and unusual punishment (Karge,
1978).
(Transition: Now that you have heard the problems about the death
penalty, let’s move onto a solution.
IV. A more effective solution to the death penalty is restorative justice
(Lawson & Katz, 2004), which works on correcting the damage that offenders
cause (Centre for Justice and Reconciliation, 2005; DeAngelo, 2005).
A. This is where both the victim and offender, as well as family members
of both sides, meet under the supervision of a qualified professional.
1. The victim usually talks about how he or she was affected, while the
offender explains why the crime was committed.
2. Afterwards, both the victim and offender figure out how the offender
can remedy the problem.
a. Such solutions can be community service, money from the offender for
the damages caused to the victim, or a duty for the offender that would
be helpful to the victim.
B. Although not all of you may agree that restorative justice is more
effective, this program was a success for juveniles in Allentown,
Pennsylvania according to the deputy chief probation officer for Lehigh
County Juvenile Probation (DeAngelo, 2005).
1. For example, in a case controlled study, juveniles in this program were
not as likely to be charged with a serious new crime and this program was
also effective in improving school attendance, academic performance, and
behavior (DeAngelo, 2005).
2. (show visual aid) This picture is the outcome of restorative justice.
(Transition: So I have just talked about how restorative justice works
and how it effective. Now, here’s how to put it in action.)
V. The best way to put this plan into action is by working with the local
government and community service organizations to provide an environment
for restorative justice to take place and to provide the necessary
training for individuals to supervise the meeting (Neff, 2005; Restorative
Justice Community, n.d.).
A. The training for individuals to supervise this meeting is held at the
District Resource Center in Houston.
B. There are also monthly meetings you can attend at the Houston 7
District Parole office to learn more about restorative justice and the
necessary training (Restorative Justice Community, n.d.).
C. For more information, please visit the restorativejusticecommunity.org
website where you can find all this information.
VI. As I have said earlier, restorative justice worked and was a success
in a small town in Pennsylvania.
A. If you were to put restorative justice in action here, you would not
see your tax dollars go to waste but instead, see an improvement in your
community, which could look like something similar to this. (show visual
aid again)
Conclusion
I. In conclusion, I encourage you as judges, lawyers, and policymakers to
put restorative justice into action by working with the local government,
by going to the monthly meetings held in Houston, and by visiting the
restorativejusticecommunity.org website because restorative justice
benefits both the victim and the offender and is a more effective solution
than the death penalty (Latimer, Dowden, & Muise, 2005).
II. (pour money from death penalty pot into restorative justice) Instead
of using your tax dollars toward the death penalty, we can see the 2.3
million dollars per execution go towards restorative justice.
III. A safer community in the state of Texas is only a step away and this
can be achieved if we cooperate.
IV. Thank you.
Bibliography
Burnett, C. (2005). Restorative justice and wrongful capital convictions.
Journal of Contemporary Criminal Justice, 21, 272-289.
Centre for Justice & Reconciliation. (2005). Restorative justice.
Retrieved September 10, 2005 from http://www.restorativejustice.org/intro/
DeAngelo, A. J. (2005). Community-based partnerships through balanced and
restorative justice. Corrections Today, 67, 104-106.
Death Penalty Information Center. (2005). State by state information.
Retrieved October 22, 2005 from http://www.deathpenaltyinfo.org/state/
Dieter, R. C. (1995). What politicians don’t say about the high costs of
the death penalty. Journal of Feminism and Nonviolence, 1, 1.
Ewer, P. A. (1980). Eighth amendment. Death penalty. Journal of Criminal
Law and Criminology, 71, 538-546.
Karge, S. W. (1978). Capital punishment: Death for murder only. Journal of
Criminal Law and Criminology, 69, 179-196.
Latimer, J., Dowden, C., & Muise, D. (2005). The effectiveness of
restorative justice practices: A meta-analysis. The Prison Journal, 85,
127-144.
Lawson, C. L., & Katz, J. (2004). Restorative justice: An alternative
approach to juvenile crime. Journal of Socio-Economics, 33, 175-188.
Neff, N. (2005). Restoring justice: Mediation programs aim to help victims
heal and offenders account for their crimes. Retrieved November 15, 2005
from http://www.utexas.edu/features/2005/justice/
Restorative Justice Community (n.d.). The going home initiative. Retrieved
November 15, 2005 from http://www.restorativejusticecommunity.org/CAN.htm
Restorative Justice Community (n.d.). Restorative justice community.
Retrieved November 15, 2005 from
http://www.restorativejusticecommunity.org/Home.htm
Texas Moratorium Network (n.d.). Texas executions impact on the budget.
Retrieved November 15, 2005 from
http://texasmoratorium.org/rgraphics/deathpenaltycosts.doc
And I mine as well post my last speech before this one:
Oh yeah, there's a major error in this one...... so much of an error, I did not include it in the speech above (well not really an error). As I did research on the laws being based off the bible... I found so much contradictory information that I had to leave it out. Basically, one could do a thesis on it because there is a lot of debate... And let me say, people are so literal when they hear that the laws are based off the bible. There is a separtation between... ah whatever. I'll stop. Maybe I'll talk about it some other time.
Problems of the Justice System: Prison and Death Penalty
Specific Purpose: To persuade my audience that the justice system needs to be changed.
Central Idea: The problem with the United States justice system is that the prisons provide a poor environment, the death penalty violates two amendments, and the death penalty is immoral.
Target Audience: The target audience will be lawyers, judges, and policymakers.
Introduction
I. Imagine that the prisons are overcrowded while the line of people waiting to serve time have nowhere to go.
A. In an effort to remedy the problem, more prisons were built, but there was still not enough space to fit the growing number of prisoners.
B. So this time, the policymakers shortened the time limit that prisoners had to serve.
C. Does this scenario sound familiar?
D. If so, this is because it happened in the 1980s (Marquart et al., 1994).
II. (show visual aid) Now, what do you see in this picture?
A. (show next visual aid) It is the number of people who share this cell.
B. These images may be comical or disturbing, but they are just a glimpse of some of the problems of our justice system that are still here and now.
III. I have spent much time researching the problems of the justice system and I would like to discuss the poor environment in prisons, the death penalty’s violation of the two amendments, and the immorality of the death penalty.
(Transition: Let’s start with the first issue.)
Body
I. Prisons provide a poor environment that is not suitable for the well-being of prisoners.
A. For instance, the prisoner does not learn how to have good character, such as honesty, truthfulness, and fairness (Simpson, 1934).
1. According to Dr. Simpson (1934), a psychologist from the Institute for Juvenile Research at Chicago, a prisoner’s obedience and forced honesty in prison does not necessarily mean both obedience to the law and genuine honesty towards others will carry over to future experiences out of prison.
B. The environment is also not suitable for prisoners with mental health needs, as mental illnesses have been increasing for the past thirty years (Fradella, 2003).
C. As you already know, overcrowded prisons are a problem and building more prisons did not solve the issue.
1. Furthermore, according to Dr. Funke (1985), who is an economist and public policy analyst, building more prisons will not stop crime either.
2. Consequently, prisoners who are in close contact with other offenders, experience the same environment just as they normally would outside of prison.
a. As a result, there is violence among the prisoners and the staff members (Bottoms, 1999).
D. Lastly, the poor environment does not promote healthy social interactions among prisoners.
1. Thus, when prisoners are expected to follow the rules after they are released, they normally fail to do so because prisons lack the proper social guidance (Simpson, 1934).
(Transition: The second issue of the justice system is the death penalty’s violation of two amendments.)
II. The death penalty violates two amendments of the constitution.
A. The first violation of the constitution is the eighth amendment which states that cruel and unusual punishment is prohibited (Ewer, 1980; Karge, 1978).
1. Illinois, Alabama, and Wyoming choose to use the death penalty, while other states, such as Wisconsin, Iowa, and Michigan choose not to use the death penalty (Death Penalty Information Center, 2005).
a. The reason for this difference is because the states who choose to use the death penalty do not see it as a cruel and unusual punishment, when in fact it is.
2. Another example is the mental cruelty it causes when the wrong person is accused of committing a crime he or she did not commit.
a. These people usually have a hard time adjusting back to society and may not even want to because of the branded nametag they have to carry around (Burnett, 2005).
B. The second violation is the fourteenth amendment which states that everyone must be provided equal protection whether or not one is a citizen.
(Transition: And finally, the last issue is how the death penalty is immoral.)
III. It is a basic morality to not kill.
A. The death penalty law is based off the bible, yet the bible states “You shall not kill” in Exodus 20:13 and Deuteronomy 5:17 (The Holy Bible, 1973).
1. How could this be?
a. The death penalty does not violate Deuteronomy because it means the punishment should fit the crime.
b. For instance, if a person violates Exodus by murdering someone, the interpretation of Deuteronomy then is that the person should deserve the same treatment, which would be the death penalty.
2. However, I feel the interpretation of the bible to create the death penalty is wrong because the bible clearly states “You shall not kill.”
a. Some may feel Deuteronomy is justice, but it still clearly violates the “You shall not kill” commandment.
B. And lastly, if society is to be an example for others, how good of an example is set when the government says it is okay to kill?
Conclusion
I. Overall, the problems of the justice system that need to be changed are how effective the prisons are and how the death penalty is seen.
II. Now think back to the scenario that actually happened in the 1980s where the prisons were getting overcrowded and the prisoners served shorter terms.
A. You can stop imagining now, because this situation is still here and now.
III. Before you walk off and leave, I am asking you as the policymakers, the judges, and the lawyers to ask yourself what you can do to help the justice system.
IV. Thank you.
Bibliography
Bottoms, A. E. (1999). Interpersonal violence and social order in prisons. Crime and Justice, 26, 205-281.
Burnett, C. (2005). Restorative justice and wrongful capital convictions. Journal of Contemporary Criminal Justice, 21, 272-289.
CartoonStock. (n.d.). Jail cartoons. Visual aid retrieved October 15, 2005 from http://www.cartoonstock.com/newscartoons/cartoonists/gri/lowres/grin432l.jpg
Death Penalty Information Center. (2005). State by state information. Retrieved October 22, 2005 from http://www.deathpenaltyinfo.org/state/
Ewer, P. A. (1980) Eighth amendment. Death penalty. Journal of Criminal Law and Criminology, 71, 538-546.
Fradella, H. F. (2003). Faith, delusions, and death. Journal of Contemporary Criminal Justice, 19, 98-113.
Funke, G. S. (1985) The economics of prison crowding. Annals of the American Academy of Political and Social Science, 478, 86-99.
Holy bible, The (NIV ed.). (1973). Colorado Springs, CO: International Bible Society.
Karge, S. W. (1978). Capital punishment: Death for murder only. Journal of Criminal Law and Criminology, 69, 179-196.
Marquart, J.W., Cuvelier, S. J., Burton, V. S., Adams, K., Gerber, J., Longmire, D., Flanagan, T. J., Bennet, K., & Fritsch, E. (1994). A limited capacity to treat: Examining the effects of prison population control strategies on prison education programs. Crime and Delinquency, 40, 516-531.
Online Edition of Sunday Observer. (2003). Free a prisoner and gain merit. Visual aid retrieved October 15, 2005 from http://www.sundayobserver.lk/2003/09/07/z_p41-free1.jpg
Shirts. (n.d.). Death penalty shirt. Visual aid retrieved October 15, 2005 from http://www.evolvefish.com/fish/shirts.html
Simpson, R. M. (1934). Why prisons fail. Journal of Criminal Law and Criminology, 25, 601-606.
And I realize that once I graduate and move on, I may lose touch with this topic. It sucks. A lot of psych majors like me, actually go into law. Except I would be there for totally different reasons. I wouldn't want to be the ordinary lawyer but instead, to change the justice system by offering a policy change and so forth. Actually, lawyers can't do anything without the help of policymakers because it is the policymakers who can actually make things happen.
Okay so here is my speech outline exactly as I turned it in. Of course when I gave the speech to the class, I modified it slightly, but those modifications are negligible.
Restorative Justice: A Solution to the Death Penalty
Target Audience: The target audience will be lawyers, judges, and policymakers in the Texas area.
Introduction
I. Let’s pretend for a moment, that the money in this jar is worth about 2.3 million dollars and that this is your money.
A. The cost to execute one person in this state of Texas is about $2.3
million according to Richard Dieter, the executive director of the Death
Penalty Information Center (1995) (Death Penalty Information Center,
1995; Texas Moratorium Network, n.d.).
B. And guess where the money comes from?
1. From you, the taxpayers. (pour money into death penalty pot)
II. The costliness of the death penalty is just one of the many problems
of the system.
A. We need to stop wasting our time, money, and effort on the death
penalty.
III. Today, I stand in front of many distinguished and respectable
lawyers, judges, and policymakers, and I would like to encourage you to
put your efforts into restorative justice as a solution in place of the
death penalty, as I have spent much time researching the benefits of
restorative justice and the problems associated with the death penalty.
(Transition: I will begin by talking about the problems with the death
penalty.)
Body
I. The death penalty is not found to violate the eighth amendment which
states that cruel and unusual punishment is prohibited (Ewer, 1980; Karge,
1978).
A. However, the death penalty does violate the eighth amendment even
though it is not found to violate it.
B. For example, there are states that choose to use the death penalty
and there are states that choose not to use the death penalty, according
to the Death Penalty Information Center (2005).
1. Here is a list of states that use the death penalty. (show visual aid)
2. (show next visual aid) And this is a list of states that do not use
the death penalty.
C. The reason for this difference is because the states that choose to
use the death penalty do not see it as a cruel and unusual punishment,
when in fact it is.
D. The death penalty is also a cruel and unusual punishment for those
are wrongfully convicted of a crime he or she did not commit.
1. When released from conviction, this person will usually have a hard
time adjusting back to society and may not even want to because of the
branded name tag that has to be carried around (Burnett, 2005).
II. The death penalty also violates the fourteenth amendment which states
that everyone must be provided equal protection whether or not one is a
citizen (Ewer, 1980).
A. Take for example the Francis vs. Resweber case in 1946.
1. The first execution of Francis failed because there was a mechanical
error and on the second attempt, Francis resisted but was offered no
protection.
2. The second attempt also violated the double jeopardy clause of the
fifth amendment which states that a person may only be tried once for a
certain offense; and not to mention, to have Francis sit through the
electrocution process again is a cruel and unusual punishment (Karge,
1978).
(Transition: Now that you have heard the problems about the death
penalty, let’s move onto a solution.
IV. A more effective solution to the death penalty is restorative justice
(Lawson & Katz, 2004), which works on correcting the damage that offenders
cause (Centre for Justice and Reconciliation, 2005; DeAngelo, 2005).
A. This is where both the victim and offender, as well as family members
of both sides, meet under the supervision of a qualified professional.
1. The victim usually talks about how he or she was affected, while the
offender explains why the crime was committed.
2. Afterwards, both the victim and offender figure out how the offender
can remedy the problem.
a. Such solutions can be community service, money from the offender for
the damages caused to the victim, or a duty for the offender that would
be helpful to the victim.
B. Although not all of you may agree that restorative justice is more
effective, this program was a success for juveniles in Allentown,
Pennsylvania according to the deputy chief probation officer for Lehigh
County Juvenile Probation (DeAngelo, 2005).
1. For example, in a case controlled study, juveniles in this program were
not as likely to be charged with a serious new crime and this program was
also effective in improving school attendance, academic performance, and
behavior (DeAngelo, 2005).
2. (show visual aid) This picture is the outcome of restorative justice.
(Transition: So I have just talked about how restorative justice works
and how it effective. Now, here’s how to put it in action.)
V. The best way to put this plan into action is by working with the local
government and community service organizations to provide an environment
for restorative justice to take place and to provide the necessary
training for individuals to supervise the meeting (Neff, 2005; Restorative
Justice Community, n.d.).
A. The training for individuals to supervise this meeting is held at the
District Resource Center in Houston.
B. There are also monthly meetings you can attend at the Houston 7
District Parole office to learn more about restorative justice and the
necessary training (Restorative Justice Community, n.d.).
C. For more information, please visit the restorativejusticecommunity.org
website where you can find all this information.
VI. As I have said earlier, restorative justice worked and was a success
in a small town in Pennsylvania.
A. If you were to put restorative justice in action here, you would not
see your tax dollars go to waste but instead, see an improvement in your
community, which could look like something similar to this. (show visual
aid again)
Conclusion
I. In conclusion, I encourage you as judges, lawyers, and policymakers to
put restorative justice into action by working with the local government,
by going to the monthly meetings held in Houston, and by visiting the
restorativejusticecommunity.org website because restorative justice
benefits both the victim and the offender and is a more effective solution
than the death penalty (Latimer, Dowden, & Muise, 2005).
II. (pour money from death penalty pot into restorative justice) Instead
of using your tax dollars toward the death penalty, we can see the 2.3
million dollars per execution go towards restorative justice.
III. A safer community in the state of Texas is only a step away and this
can be achieved if we cooperate.
IV. Thank you.
Bibliography
Burnett, C. (2005). Restorative justice and wrongful capital convictions.
Journal of Contemporary Criminal Justice, 21, 272-289.
Centre for Justice & Reconciliation. (2005). Restorative justice.
Retrieved September 10, 2005 from http://www.restorativejustice.org/intro/
DeAngelo, A. J. (2005). Community-based partnerships through balanced and
restorative justice. Corrections Today, 67, 104-106.
Death Penalty Information Center. (2005). State by state information.
Retrieved October 22, 2005 from http://www.deathpenaltyinfo.org/state/
Dieter, R. C. (1995). What politicians don’t say about the high costs of
the death penalty. Journal of Feminism and Nonviolence, 1, 1.
Ewer, P. A. (1980). Eighth amendment. Death penalty. Journal of Criminal
Law and Criminology, 71, 538-546.
Karge, S. W. (1978). Capital punishment: Death for murder only. Journal of
Criminal Law and Criminology, 69, 179-196.
Latimer, J., Dowden, C., & Muise, D. (2005). The effectiveness of
restorative justice practices: A meta-analysis. The Prison Journal, 85,
127-144.
Lawson, C. L., & Katz, J. (2004). Restorative justice: An alternative
approach to juvenile crime. Journal of Socio-Economics, 33, 175-188.
Neff, N. (2005). Restoring justice: Mediation programs aim to help victims
heal and offenders account for their crimes. Retrieved November 15, 2005
from http://www.utexas.edu/features/2005/justice/
Restorative Justice Community (n.d.). The going home initiative. Retrieved
November 15, 2005 from http://www.restorativejusticecommunity.org/CAN.htm
Restorative Justice Community (n.d.). Restorative justice community.
Retrieved November 15, 2005 from
http://www.restorativejusticecommunity.org/Home.htm
Texas Moratorium Network (n.d.). Texas executions impact on the budget.
Retrieved November 15, 2005 from
http://texasmoratorium.org/rgraphics/deathpenaltycosts.doc
And I mine as well post my last speech before this one:
Oh yeah, there's a major error in this one...... so much of an error, I did not include it in the speech above (well not really an error). As I did research on the laws being based off the bible... I found so much contradictory information that I had to leave it out. Basically, one could do a thesis on it because there is a lot of debate... And let me say, people are so literal when they hear that the laws are based off the bible. There is a separtation between... ah whatever. I'll stop. Maybe I'll talk about it some other time.
Problems of the Justice System: Prison and Death Penalty
Specific Purpose: To persuade my audience that the justice system needs to be changed.
Central Idea: The problem with the United States justice system is that the prisons provide a poor environment, the death penalty violates two amendments, and the death penalty is immoral.
Target Audience: The target audience will be lawyers, judges, and policymakers.
Introduction
I. Imagine that the prisons are overcrowded while the line of people waiting to serve time have nowhere to go.
A. In an effort to remedy the problem, more prisons were built, but there was still not enough space to fit the growing number of prisoners.
B. So this time, the policymakers shortened the time limit that prisoners had to serve.
C. Does this scenario sound familiar?
D. If so, this is because it happened in the 1980s (Marquart et al., 1994).
II. (show visual aid) Now, what do you see in this picture?
A. (show next visual aid) It is the number of people who share this cell.
B. These images may be comical or disturbing, but they are just a glimpse of some of the problems of our justice system that are still here and now.
III. I have spent much time researching the problems of the justice system and I would like to discuss the poor environment in prisons, the death penalty’s violation of the two amendments, and the immorality of the death penalty.
(Transition: Let’s start with the first issue.)
Body
I. Prisons provide a poor environment that is not suitable for the well-being of prisoners.
A. For instance, the prisoner does not learn how to have good character, such as honesty, truthfulness, and fairness (Simpson, 1934).
1. According to Dr. Simpson (1934), a psychologist from the Institute for Juvenile Research at Chicago, a prisoner’s obedience and forced honesty in prison does not necessarily mean both obedience to the law and genuine honesty towards others will carry over to future experiences out of prison.
B. The environment is also not suitable for prisoners with mental health needs, as mental illnesses have been increasing for the past thirty years (Fradella, 2003).
C. As you already know, overcrowded prisons are a problem and building more prisons did not solve the issue.
1. Furthermore, according to Dr. Funke (1985), who is an economist and public policy analyst, building more prisons will not stop crime either.
2. Consequently, prisoners who are in close contact with other offenders, experience the same environment just as they normally would outside of prison.
a. As a result, there is violence among the prisoners and the staff members (Bottoms, 1999).
D. Lastly, the poor environment does not promote healthy social interactions among prisoners.
1. Thus, when prisoners are expected to follow the rules after they are released, they normally fail to do so because prisons lack the proper social guidance (Simpson, 1934).
(Transition: The second issue of the justice system is the death penalty’s violation of two amendments.)
II. The death penalty violates two amendments of the constitution.
A. The first violation of the constitution is the eighth amendment which states that cruel and unusual punishment is prohibited (Ewer, 1980; Karge, 1978).
1. Illinois, Alabama, and Wyoming choose to use the death penalty, while other states, such as Wisconsin, Iowa, and Michigan choose not to use the death penalty (Death Penalty Information Center, 2005).
a. The reason for this difference is because the states who choose to use the death penalty do not see it as a cruel and unusual punishment, when in fact it is.
2. Another example is the mental cruelty it causes when the wrong person is accused of committing a crime he or she did not commit.
a. These people usually have a hard time adjusting back to society and may not even want to because of the branded nametag they have to carry around (Burnett, 2005).
B. The second violation is the fourteenth amendment which states that everyone must be provided equal protection whether or not one is a citizen.
(Transition: And finally, the last issue is how the death penalty is immoral.)
III. It is a basic morality to not kill.
A. The death penalty law is based off the bible, yet the bible states “You shall not kill” in Exodus 20:13 and Deuteronomy 5:17 (The Holy Bible, 1973).
1. How could this be?
a. The death penalty does not violate Deuteronomy because it means the punishment should fit the crime.
b. For instance, if a person violates Exodus by murdering someone, the interpretation of Deuteronomy then is that the person should deserve the same treatment, which would be the death penalty.
2. However, I feel the interpretation of the bible to create the death penalty is wrong because the bible clearly states “You shall not kill.”
a. Some may feel Deuteronomy is justice, but it still clearly violates the “You shall not kill” commandment.
B. And lastly, if society is to be an example for others, how good of an example is set when the government says it is okay to kill?
Conclusion
I. Overall, the problems of the justice system that need to be changed are how effective the prisons are and how the death penalty is seen.
II. Now think back to the scenario that actually happened in the 1980s where the prisons were getting overcrowded and the prisoners served shorter terms.
A. You can stop imagining now, because this situation is still here and now.
III. Before you walk off and leave, I am asking you as the policymakers, the judges, and the lawyers to ask yourself what you can do to help the justice system.
IV. Thank you.
Bibliography
Bottoms, A. E. (1999). Interpersonal violence and social order in prisons. Crime and Justice, 26, 205-281.
Burnett, C. (2005). Restorative justice and wrongful capital convictions. Journal of Contemporary Criminal Justice, 21, 272-289.
CartoonStock. (n.d.). Jail cartoons. Visual aid retrieved October 15, 2005 from http://www.cartoonstock.com/newscartoons/cartoonists/gri/lowres/grin432l.jpg
Death Penalty Information Center. (2005). State by state information. Retrieved October 22, 2005 from http://www.deathpenaltyinfo.org/state/
Ewer, P. A. (1980) Eighth amendment. Death penalty. Journal of Criminal Law and Criminology, 71, 538-546.
Fradella, H. F. (2003). Faith, delusions, and death. Journal of Contemporary Criminal Justice, 19, 98-113.
Funke, G. S. (1985) The economics of prison crowding. Annals of the American Academy of Political and Social Science, 478, 86-99.
Holy bible, The (NIV ed.). (1973). Colorado Springs, CO: International Bible Society.
Karge, S. W. (1978). Capital punishment: Death for murder only. Journal of Criminal Law and Criminology, 69, 179-196.
Marquart, J.W., Cuvelier, S. J., Burton, V. S., Adams, K., Gerber, J., Longmire, D., Flanagan, T. J., Bennet, K., & Fritsch, E. (1994). A limited capacity to treat: Examining the effects of prison population control strategies on prison education programs. Crime and Delinquency, 40, 516-531.
Online Edition of Sunday Observer. (2003). Free a prisoner and gain merit. Visual aid retrieved October 15, 2005 from http://www.sundayobserver.lk/2003/09/07/z_p41-free1.jpg
Shirts. (n.d.). Death penalty shirt. Visual aid retrieved October 15, 2005 from http://www.evolvefish.com/fish/shirts.html
Simpson, R. M. (1934). Why prisons fail. Journal of Criminal Law and Criminology, 25, 601-606.