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Rogerian Model Abs Referenced: AB1, AB2, AB3, AB4, AB5 I. Introduction

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Rogerian Model Abs Referenced: AB1, AB2, AB3, AB4, AB5 I. Introduction Rogerian Model ABs Referenced: AB1, AB2, AB3, AB4, AB5 I. Introduction—set up current state of death penalty and hone in on Texas numbers. a. In 2014 Ban Ki-moon, eighth Secretary-General of the United Nations, declared: “The death penalty has no place in the 21st century.” He further remarked: “all States take concrete steps towards abolishing or no longer practicing this form of punishment.” AB1 b. Coming from a global leader, such a statement comes across as absolute. Certainly, it should not be ignored. c. However, the US has a legacy of capital punishment for several reasons—and there are valid reasons for it. Meaning, it should not be ignored either. d. CLAIM/ISSUE: With increasing opposition on both sides of the issue, the U.S. must take a close look at capital punishment. Further, Texas, where the death penalty is heavily practiced, serves as a case study to review the issue. II. General: Common Arguments Against Capital Punishment a. Moral Arguments i. Per ACLU: “…murder demonstrates a lack of respect for human life. Because life is precious and death irrevocable, murder is abhorrent, 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.” AB5 ii. The possibility of wrongful execution; five suspicious cases—focus on Cameron Todd Willingham AB4 III. Validate Opposing Side a. Moral Arguments—True—“Murder is abhorrent”AB5 b. Wrongful Execution—True—“Murder is abhorrent”AB5/AB4 IV. Begin to Counter with a look at Texas as example: a. Overview i. Texas general population: 25,145,561, AB3 1. 521 “Cumulative Executions: 1976-February 11, 2015” and AB3 2. 0.207 “Executions per Capita (x10,000)” AB3 ii. Since 2008, capital punishment sentencing in Texas is now at 10 or lower per year AB4. 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.” iii. The Sells case illustrates the types of crimes meriting capital punishment. c. As one reviews the Sells’s case, one must ask: what should the punishment be for such a killer? Again, per the ACLU: “Murder is abhorrent”AB5 i. Life in prison? Find information here to build out section; primary reason why life in prison would be detrimental: danger to prison staff and inmates; cost; possibility of parole or escape. ii. Rehabilitation/Treatment Facility? Find information here to further build out/look into commentary/analysis on Sells’s case—was it ever argued he was criminally insane and/or that rehabilitation was an option? Further, is there statistical evidence supporting rehabilitation in a case like Sells? And if the science/data indicates any margin of failure, wouldn’t that be too big of a risk for criminals like Sells to be re-introduced to society? V. Bridge the two sides a. Moral Arguments: True—“Murder is abhorrent”—and, per the ACLU (AB5): “It [capital punishment] epitomizes the tragic inefficacy and brutality of violence, rather than reason, as the solution to difficult social problems.” Yet, capital punishment is a direct response to the “brutality of violence” already occurring in society. As for the “reason,” what reasonable alternative does a state have when confronted by cases like Sells? The state should govern in the best interest of the people—protecting them and their rights. b. Possibility of Wrongful Imprisonment/Execution AB4: i. The opposition is quick to use cases like Cameron Todd Willingham’s as reason to abolish the death penalty. And, this is valid because such error means the state has committed murder. However, science advances every day to eliminate human error. Thus, because of advanced science, Willingham’s possible innocence can be discovered. ii. The opposition is also quick to point out Anthony Graves’s exoneration in 2010. Again, because of science and improvements in the criminal justice system, Graves’s innocence was able to be established. iii. Possibility of wrongful imprisonment/execution are issues more related to the criminal justice system overall. They do happen—however, that does not mean because of the possibility of error the state should stop prosecuting criminals. It does mean, in capital punishment cases, every care should be taken to ensure guilt or innocence. c. Response to 2014 Ban Ki-moon: “The death penalty has no place in the 21st century.” He further remarked: “all States take concrete steps towards abolishing or no longer practicing this form of punishment.” AB1 i. Capital punishment is already on the decline 1. Return to “Overview” data: a. It’s critical to note: executions and capital punishment sentences are rare. b. 0.207 “Executions per Capita (x10,000)” AB3 c. There are only 260 inmates currently on death row in Texas AB4 ii. In conjunction, there is already a sharp decline: 1. “the greatest peak in the last three decades was between 1998-2000 (near 50 sentences). There was a sharp decline between 200-2002 (hitting at about 25)—a 50% drop. Sentences continued to decline after 2002, from 2008 and on, they plateau and average under 10.” AB4 iii. Meaning, there is already a general shift in the weight capital punishment carries. Fewer sentences and fewer inmates on Death Row … review numbers across the US and show how Texas is unique in its high numbers. VI. Solution: a. Capital punishment requires great responsibility on the state to conduct. b. More regulation and examination on capital punishment sentences. c. Continued endeavors in science to propose “reasonable” solutions. d. Until such can be achieved, there are cases where capital punishment should be upheld. .
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