Death Penalty #2: Response to Deadline

Below are questions developed by the producesrs of Deadline to guide discussions after a viewing of the film.  For your blog for the week of 10/25, choose one of the questions under each topic below to be the basis of a response to Deadline.

Race and Class

It is impossible to examine the system of capital punishment in the United States without considering the implication that race and class has on its structure.

• David Keaton was sentenced to death in Florida.  Seven years later, he was proven innocent of the crime, exonerated, and released. In Deadline, his brother says, “Growing up black in this state, you know, you really didn’t have a chance when it came to a crime. You know, they say that justice is blind, but justice really isn’t blind.” How would you respond to this statement? From watching the film, what role do you think race plays in capital cases?

• More than 80% of the people who have been executed, have been executed for the murder of white victims. How do you account for this? What effect might this have on perceptions of the justice system among people of color?

• Statistically, people of color and low-income people are more likely to be sentenced to death. Why do you think this is? How might vestiges of legal segregation and historic race-based policies impact the modern U.S. justice system? What measures could be taken to ensure a fairer system of justice?

Law and Politics

Deadline explores the death penalty in a political and legal context. The courtroom is one lens through which viewers can examine capital punishment. The role of politics, and in particular the strong role of Governor Ryan in this case, is also central to the issue.

• The film frequently references the 1972 Furman v. Georgia decision that the death penalty was in violation of the 8^th Amendment of the Constitution. The 8^th Amendment states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” How does this constitutional issue play a role in your opinions for or against the death penalty?

• There are currently over 3,000 men and women sentenced to death in the United States. Approximately 65 percent of American voters approve of the death penalty in states where capital punishment is legal. Why do you think the death penalty is so widely supported in this country? What forces do you think shape public opinion on the death penalty?

The Bigger Picture

Deadline explores the legal, political, and familial aspects of the death penalty within the context of the Illinois justice system. All of these issues can easily be expanded to a broader discussion of justice.

• Deadline depicts two inmates who were wrongfully sentenced and later exonerated (David Keaton and Gary Gauger), and other inmates whose guilt was not in question. Is there one position on the death penalty that you think is satisfactory in all cases? Do you think it is possible for a state to construct a foolproof capital punishment system where there is no risk of executing an innocent person? Is some margin of possible error acceptable?

• Some of Deadline’s most moving scenes consist of testimonials by murder victims’ families during the clemency hearings. What might you say to these family members, if given the opportunity? Where do you draw the line between justice and revenge? What place is there for the wishes and needs of victims’ families within America’s justice system?

• John Allen Muhammad (one of the Washington D.C. snipers) and Timothy McVeigh (one of the Okalahoma City bombers) both received the death penalty after widely publicized trials. Their respective counterparts, Lee Boyd Malvo and Terry Lee Nichols were also found guilty of their crimes in similar trials, yet they received life sentences rather than the death penalty. How do you account for this apparent discrepancy in sentencing for heinous crimes?

• What is your reaction to Stephen Bright’s quote about the exonerated prisoners?

“This was the third person released by the journalism students at Northwestern, and of course it doesn’t say much for our legal system when people spend sixteen years on death row for a crime they… didn’t commit. And that ultimately comes to light not because of the police or the prosecution, or the defense lawyers or the judicial system, but because a journalism class at Northwestern took it on as a class project to see whether or not these people were guilty or not. You know, if those students had taken chemistry that semester, these folks would have been executed.” Stephen Bright, Director, Southern Center for Human Rights

Death Penalty: Additional Background Info

Now that you've looked at an individual case study and explored the law, it's time to examine the current status of the death penalty and how it operates. Please follow the steps below and blog your responses to the questions. Your responses can be separate paragraphs or one larger integrated piece.

• Read about the STAGES in a death penalty case. Be sure you understand all of the different steps inolved.
• RESPOND-What aspects of the stages in a capital case are designed to protect the rights of the accused? Do you believe that this system is sufficient to guarantee that only the guilty are convicted?
• Read about the different METHODS of execution.
• RESPOND-Which of these (if any) are the most humane? Should any be considered “cruel and unusual” according to the 8th Amendment? If so which? Why?
• Explore the state by state data found here. You can also see it in table form here, and here. (Note: While easier to read and compare in this format, these tables are only updated through 2008.  To get current state by state information go here.) Questions to consider as you explore include: Which states have the most inmates on Death Row? Which states have no death penalty? Which state has the most inmates on death row? Are there more blacks or whites on death row? Which state has the most women on death row? Are more men or women on death row? Why aren’t there any statistics for juveniles on death row? Which states currently do not have a life without parole option? What is the most commonly used method of execution in those states that have the death penalty? Which state has committed the most executions as of 9/08? Which state has committed the second most executions as of 9/08? Are there differences in number of executions by ethnicity? What method of execution is most common?
• RESPOND-What sorts of conclusions can you draw from this data? What does the state by state data tell us about how the death penalty is used? What regional or other trends do you see? What might this data tell us about issues of equality, arbitrariness,and justice?
• Click on this document to read the former Illinois Capital Murder statute.  RESPOND-what do you think?  Was it fair?  Should the crimes listed have death as a potential punishment?  Why or why not?  Go back to the state by state data and click on Illinois to find out the current status of the death penalty in Illinois.  Does the data tell you anything about why the Illinois death penalty is no longer in effect?  If not, make an inference.
• Take a look at the updated CHART put out by the death penalty information center.
• RESPOND-How does the information here influence your previous response? What does this data say about the economics of the death penalty? What does the data say about the influence of race on the death penalty? What does the data say about public opinion for the death penalty? Looking at the information overall, what point of view would you say that the Death Penalty Information center has? Is it convincing? Why or why not? What additional information would you like?
• BONUS-For Dexter fans.  Read the blog posted here.  RESPOND: If Dexter were caught, should he receive the death penalty?  Why or why not?

Drug Testing and Student Rights

Instructions for 10/6-10/7.

• Read the Board of Education v. Earls case in the packet.  Annotate using the Facts, Issue, Holding, Reasoning model.
• Publish a post responding to the Court's opinions in Acton and Earls.  What do these cases say about a students' right to privacy?  Do you agree with these decisions and what they say about drug testing?  Why or why not?  Be sure to use specific quotations that cite the Court's reasoning from each case in your response.  Choose the text based on your reaction to it?  What is provocative and why?
• Next take a look at the ACLU site on student privacy, this article about another recent case of a student search, and this article about drug sniffing dogs in schools.
• Add to your post.  What do these articles tell you about student privacy rights?  What do you think overall?  Are your rights being balanced fairly against the values and ideals that allow for the searches described?