Monday’s Mtg: Will America’s Death Penalty Fade Away? (inc. Props. 62 and 66)

On November 8, Californians may abolish the state’s death penalty. Proposition 62 would ban capital punishment outright, including retroactively by converting all 746 prisoners on death row to life in prison without the possibility of parole. If Prop. 62 passes, we would become the 21th state to ban capital punishment outright. Four other states have governor-issued moratoria on executions.

But, it’s not a done deal in CA. I have not checked how 62 is polling yet.  But, a similar proposition failed in 2012, although by just a 52-48 margin. Also, death penalty proponents thought of a clever tactic this time around. They qualified a rival proposition, Prop. 66, to address the worst procedural problems in our state’s death penalty process. By increasing the number of defense lawyers eligible to represent death row inmates and reducing the number of permissible appeals to help speed up the decades-long (and thus arguably cruel and unusual) process, Prop. 66’s backers hope to split the queasy-about-it-all vote and stop repeal.

How big a deal would death penalty abolition be in California? Yeah, it’s the Left Coast. But, some serious people are starting to argue that the USA is near a tipping point on the death penalty. The number of U.S. executions has been declining for years (only 28 in 2015). Botched ones keep making big news. The 2016 national Democratic Party platform called for outright abolition for the first time. Nebraska just became the first red state in modern times to end the death penalty. One major recent poll showed nationwide public support for the death penalty has fallen below 50% for the first time.

On the other hand, 51% does not magically change policy (okay, except on the ballot in CA). I’ve read that the Supreme Court has never had more than two justices willing to declare that capital punishment inherently violates the 8th Amendment’s cruel and unusual standard. Absent such a ruling, abolition will remain a state-by-state issue, guaranteeing the death penalty’s survival for a long, long time, at least in deep red states.

So, what will happen? Here are some questions we might want to get into on Monday evening, plus some background readings that focus on the chances of abolition. (We did a meeting on whether capital punishment should be abolished in 2014.)

DISCUSSION QUESTIONS –

  1. Props: Discuss merits of Propositions 62 and 66.
  2. Arguments: Why do people support death penalty (e.g., vengeance, deterrence, religious belief, inertia)?   Why oppose it (morality/religious, cruel/unusual, racial disparity, cost…)?  Is there a difference between the reasons people cite and their real reasons? What would it take to change people’s minds? Your mind?
  3. Public & politicians: Why has public opinion changed? Will it keep moving against the death penalty? What might it take to reverse or accelerate that trend? What incentives do lawmakers have to take risks versus avoid this issue?
  4. Courts: Will SCOTUS ever ban the death penalty outright? On what basis? Or, will it keep slowly restricting its use (minors, intellectually-disabled, murders only, etc.)?
  5. Alternatives: Can the “machinery of death” (Justice Blackman’s phrase) ever be reformed enough to eliminate its inequities? Regardless, would either side ever be satisfied?

SUGGESTED BACKGROUND READING –  

Next Week (Oct 24): The other 15 ballot propositions, or maybe we’ll just read War and Peace instead.

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