Toulmin Model | the Diffuser Refer to Information from AB1, AB2, AB3, AB4, and AB5
Total Page:16
File Type:pdf, Size:1020Kb
Toulmin Model | The Diffuser Refer to information from AB1, AB2, AB3, AB4, and AB5 I. Introduction with Occam’s Razor—the simplest explanation is likely the correct one a. When we think about the possibility of human error, there is a tendency to present many variables for why that won’t happen. b. Yet, per the Razor, the simplest explanation or conclusion likely occurs c. Imagine what this would mean if one considers the possibility of error in capital punishment, specifically in Texas—the Death Penalty Capital of the World. II. Background—Claim solidification a. CLAIM: The death penalty in Texas should be abolished/be illegal due to the possibility of wrongful execution. b. Between 1976 and 2015, Texas has executed 521 people; the second highest execution-rate state is Oklahoma with a 112 … meaning, (AB 3) c. Texas has executed at a rate of more than 400% than any other state (AB3) d. As Texas is the US leader in capital punishment, if there was any state to fully explore the abolition of the death penalty—this is the one e. There are currently 260 Texas inmates of Death Row (AB4). f. Meanwhile, there are two cases of exoneration and five suspicious circumstances (AB4). III. Why the Death Penalty exists (Concession) a. Purpose … still looking for this information … ultimately want to underscore the common arguments—deterrent, justice for victims, etc. b. Case to illustrate: Tommy Lynn Sells (AB2) i. Sells “has been linked to at least 17 other killings and claims he has killed as dozens more.” ii. Sells admitted to the murder of 30-year-old Eileen Dardeen (1987-- Indiana) and her family. Dardeen was more than seven months pregnant— “ Sells allegedly beat her to death. During the attack, she went into premature labor and gave birth to a baby girl. Investigators determined the newborn was alive when she was born, but was later found bludgeoned to death, as was Dardeen's 3-year-old son.” 1. From Sells: “I am hatred. When you look at me, you look at hate," Sells said in 2010. "I don't know what love is. Two words I don't like to use is 'love' and 'sorry,' because I'm about hate." 2. Sells’s rationale for the Dardeen murders: “I didn't want them to live through the pain I lived through.” c. The Sells case illustrates the types of crimes to be punished via execution IV. Refutation a. Value of human life i. Per the American Civil Liberties Union: “…murder demonstrates a lack of respect for human life. Because life is precious and death irrevocable, murder is abhorrent” (AB5) 1. A violent reaction to such violence is understandable … or, is it? ii. However, ACLU continues: “…and a policy of state-authorized killings is immoral. It epitomizes the tragic inefficacy and brutality of violence, rather than reason, as the solution to difficult social problems … A society that respects life does not deliberately kill human beings. An execution is a violent public spectacle of official homicide, and one that endorses killing to solve social problems – the worst possible example to set for the citizenry ” (AB5) V. What this means for criminals: are we saying they don’t have human life? More troubling, the innocents on Death Row. VI. Case Study One: Anthony Graves (Evidence/Grounds) a. “spent 16 years in prison before being released on October 27, 2010.” (AB4) b. need additional information/hopefully quotes from Graves VII. Case Study Two: Cameron Todd Williams a. “Cameron Todd Willingham was executed in 2004 for arson in a 1991 house fire that killed his three daughters. The arson theories used as evidence in his case have since be repudiated by scientific advances, and arson experts now believe the fire may have been accidental.” (AB4) b. need additional information VIII. Warrant: how these examples connect to claim a. even if one innocent human life may be taken by the state’s policy, this makes the state guilty of murder b. if we consider that every human life is of value, we cannot practice such a policy c. Even on the international level, United Nations Secretary-General Ban Ki-moon states: “The death penalty has no place in the 21st century.” (AB1) i. He has “call[ed] on all States [to] take concrete steps towards abolishing or no longer practicing this form of punishment” (AB1) IX. Conclusion: back to Occam’s Razor— a. whatever one may feel about the death penalty—one cannot dismiss the possibility of human error—i.e. the state taking the life of an innocent … the very issue capital punishment was created to tackle/honor. b. And of the heinous nature of a crime—wouldn’t the state slaying an innocent man or woman be included in such? If so, if the state wrongfully executes a human being, how many people would then be considered as committing a ‘heinous crime’? For instance, should the jury, the judge, the lawyers in Anthony Graves’s case—shouldn’t they be tried for a capital crime? After all, they wanted to kill an innocent man. c. Is it possible to eliminate such errors? d. Per the Razor, of course not. e. Ergo, the practice should be abolished. .