Lesson 6: Due Process Rights

 

Topic:

 Is the death penalty cruel and unusual punishment?

 

Background:

Probably, the oldest dispute in the history of jurisprudence relates to capital punishment. Originally sanctioned by the Bible for a panoply of crimes, the fact that the death penalty has been inflicted recently for only the most heinous crimes, has not reduced the controversy. Arguments on the topic range from the philosophical, to the political, to the practical. Most of the legal arguments in the United States center on the Eighth Amendment, which proscribes "cruel and unusual punishment." Until it ruled in the case of Furman v. Georgia (1972), the Supreme Court had always sanctioned the death penalty in some form. In Furman, the Court ruled that the death penalty, as practiced by most states at the time, was unconstitutional, because of the random nature in which in which it was applied. The Court’s prohibition against state inflicted executions was overturned in Gregg v. Georgia (1976). Here the majority ruled that a death penalty statute would be constitutional, provided that a jury not only found the accused guilty, but also that certain "aggravating circumstances" were present and other specified "mitigating circumstances" were not.

Objectives:

Students will be able to:

  • Discuss the relationship of the Eighth Amendment to capital punishment.
  • Examine the arguments for and against capital punishment.
  • Analyze the Furman and Gregg cases that established the Supreme Court’s existing view of the death penalty.

 

Materials:

Handout 6A "Poem"

Handout 6B "Death Penalty Arguments"

Handout 6C "Death Penalty Cases"

Handout 6D "Gregg v. Georgia"

 

Time Required:

2 class periods

 

Procedures:

Distribute Handout 6A "Poem." Have students explain/answer the following:

  • What is this poem about?
  • What is the writer’s view of the death penalty?
  • How would you answer the question asked by the poet?

Distribute Handout 6B "Death Penalty Arguments." Have students complete the exercise on the handout. Then have them explain/answer the following:

  • What conclusions can you draw about the death penalty from reading these arguments?
  • Which is the strongest argument favoring the death penalty?
  • Which is the weakest argument favoring the death penalty?
  • Which is the strongest argument opposing the death penalty?
  • Which is the weakest argument opposing the death penalty?
  • Which side presents the strongest case?

Ask students to form a single line according their view of the death penalty. Have those favoring capital punishment begin the line in the back of the room. The next group to join the line should be those who are not sure how they stand on the issue. Finally, those opposed to the death penalty should join the line, which by this time should be getting closer to the front of the room. The line should look something like this (each box represents a student):

 

Front of room                                                                Back of room

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Oppose death penalty                Not sure                Favor death penalty

 

Then, have the students break the line into two parts, at some point in the middle of the group of those who are not sure. Ask the students in the group towards the front of the room to swing around to the back, so that those opposing the death penalty are in the back of the room facing the group favoring the death penalty and the students nor sure are facing each other. The two lines should look something like this:

Front of Room Back of room

Not sure Favor death penalty

Not sure Oppose death penalty

 

Have students in one line try to convince the person whom they’re facing, in the other line, of his or her point of view. Then give the person who has been listening a chance to express his or her point of view. After students take their seats, ask them to explain their answer to the following questions:

  • Do you favor or oppose the death penalty? Explain.
  • To what did extent were you views changed by the person whom you faced in the other line?

Distribute Handout 6C "Death Penalty Cases." Have students complete the exercise on the handout. Then have them explain/answer the following:

  • How would you compare the decisions in the Furman and Gregg cases? What are the similarities and differences?
  • Discuss the major differences between the two decisions?
  • With which decision do you agree with more? Explain.

 

Performance Assessment:

 Divide the class into three groups. Provide each student with an abbreviated version of the Gregg case. Have each of the three groups conduct a moot court of Gregg v. Georgia (1976), in which the justices decide whether the Eighth Amendment has been violated by Georgia’s capital punishment statute. Organize the moot courts by dividing each group into three subgroups of; (1) attorneys representing Gregg, (2) attorneys representing Georgia and (3) justices. After all the panels of justices have rendered their decisions, have each group compare and contrast their decisions with one another, and the actual decision reached in Gregg.

Ask students to simulate a session of their state legislature. Have students draft a law regarding capital punishment, specifically when or if it should be applied in their state and for what crimes.

 

Further Enrichment:

Based on multiple intelligence theory.

Linguistic: Divide the class into two groups. Conduct a debate on the topic "The Death Penalty Prevents Crime." One group will take a position supporting the statement and the other group will take a position opposing it.

Logical/Mathematical: Students should research the number of times the death penalty has been used in-the United States by gender, ethnicity, economic status and geographic location. Have students explain the conclusions they were able to reach from their research and then use the statistics gathered to determine percentage figures.

Tell students the following: During the nineteenth century pickpockets were subject to public hangings. Many people watching the hangings were pick-pocketed. Have students draw conclusions from this story and ask them if the story provides a logical and valid argument against the death penalty.

Kinesthetic: Divide the class into two groups. Instruct the groups to form a line and face each other. One group will take a position supporting the death penalty and the other group will take a position opposing it. The first person in the line will make a statement supporting the death penalty. The first person in the other line then makes a statement opposing the death penalty. The process continues up the lines with one person making a supporting statement and the person facing him/her making an opposing statement. Nobody may repeat what another student has said. If a student cannot make a statement he or she says pass and moves out of the line. This continues until there is only one student left.

Spatial: Design bumper stickers supporting and opposing the death penalty.

Design symbols for the death penalty. Place the symbol in the center of the chalkboard and have students write ideas, words or themes that they associate with the death penalty.

Obtain a video of the movie "Dead Man Walking." Show excerpts of the movie that are appropriate for the eighth grade. Discuss the film and how it affected students' views of the death penalty.

Intrapersonal: Have students indicate their feelings about the death penalty by rating themselves on the following scale:

Strongly support Strongly oppose

death penalty death penalty

5 4 3 2 1 0 1 2 3 4 5

Ask students if they would support the death penalty in the following circumstances: premeditated murder; the murder of a law enforcement official; the murder of a child by an adult; serial and multiple murders.

Interpersonal: Divide the class into groups of two. Ask students to think about the death penalty and whether it is a deterrent to crime. Have students explain their feelings to their partner and then conduct a whole class discussion.

Music: Have students visualize an execution while listening to mood music. Ask students if the music changes their feelings about the execution.

 

Have students read Truman Capote’s, In Cold Blood. Ask students to discuss whether their views about the death penalty have been changed after reading the book.

Obtain the video, Dead Man Walking, starring Sean Penn and Susan Sarandon. Show excerpts of the movie that are appropriate for eighth graders. Ask students what they learned from the film about the death penalty. Asked if viewing the excerpts influenced their views on the subject.

Have students write to their state legislators asking for their views on capital punishment. Then have students compare and contrast the views of different legislators.

 

Handout 6.A: DUE PROCESS RIGHTS

 

Poem

 

The poem below appeared in an advertisement about the death penalty. It was written by a student in the 8th grade.

 

 

Why do we

kill people,

who kill people,

to show people,

that killing

is wrong?

 

Handout 6B: DUE PROCESS RIGHTS

 

Death Penalty Arguments

 

For many years lawyers have argued over the legality and morality of the death penalty. Some of the major arguments for and against capital punishment appear below. Rate each of the arguments on both sides using the following scale:

 

A: very convincing

B: convincing

C: somewhat convincing

D: weak

 

For the death penalty Against the death penalty

 

1. Fearing execution, many people will think twice before committing crimes.

 

2. It saves money when compared to keeping someone in prison.

 

3. It’s the only threat that a prisoner who’s already serving a life sentence will pay attention to.

4. A majority of people in the U.S. favor the death penalty.

 

5. There are some criminals who can never be rehabilitated. To keep such people in prison for life would be a waste of money. Also, it gives lifers the opportunity to commit further crimes against their fellow inmates.

6. A dangerous criminal who is executed will never hurt anyone again.

 

1. Fear of execution will not prevent people from committing crimes, because most criminals don’t plan on getting caught.

2. There is no strong evidence that the existence of a death penalty has led to fewer crimes.

3. Most prisoners serving life sentences are generally well-behaved.

 

4. Capital punishment results in a disrespect for human life, especially when the killing is committed by the government.

5. As a result of human error an innocent person could be executed.

 

 

 

6. Most murders are not planned, but occur as a result of outbursts of anger, between people who know each other, like relatives or friends. Therefore, the death penalty will not lead to fewer murders.

 

 

Handout 6C: DUE PROCESS RIGHTS

Death Penalty Cases

Read the two cases on this page and then follow the directions below.

I. Furman v. Georgia (1972). We find that the death penalty violates the Eighth Amendment’s prohibition against cruel and unusual punishment. It is unnecessary and it is wrong in the eyes of most people. Moreover it is degrading to human dignity and too harsh. Furthermore, it is applied unfairly. More often than not, the poor and members of minority groups receive the death penalty, while other criminals convicted of similar crimes do not. This comes about as a result of the fact that rather than being awarded automatically, it is up to juries to decide when then death penalty will be used. Again, this uncertainty as to whether or not a criminal will be executed, is further proof that capital punishment is cruel and unusual.

 

II. Gregg v. Georgia (1976). We find that a government’s use of the death penalty, in-and-of-itself, is not cruel and unusual punishment. Moreover, the death penalty, as it is applied in Gregg, agrees with our idea of human decency, even though it is not applied in every case with similar circumstances. We hold that states may use capital punishment provided they follow the proper procedure, as was the case in Gregg. Namely, there should be a two-part trial. The first part, in which the jury determines whether or not the accused has committed the crime. In a second part, the jury whether there is the presence of one or more so-called "aggravating circumstances." For example, did the accused have a prior conviction or did the accused kill a firefighter or a peace officer in the course of duty? Another requirement for a proper death penalty makes it necessary for juries to determine whether there was the presence of any "mitigating circumstances." For example, were there any circumstances present which should be considered in reducing the penalty- like the offender’s youth, his or her emotional state or cooperation with the police? If the jury indeed finds the existence of aggravating and no mitigating circumstances the application of the death penalty is constitutional.

Identify two arguments from the Furman case, supporting the majority’s view that the death penalty, as applied, violated the Constitution.

1) __________________________________

_____________________________________

_____________________________________

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2) __________________________________

_____________________________________

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Identify two arguments from the Gregg case, supporting the majority’s view that the death penalty as applied did not violate the Constitution.

1) __________________________________

_____________________________________

_____________________________________

_____________________________________

2) __________________________________

_____________________________________

_____________________________________

_____________________________________

With which view, expressed by decision in the Furman or Gregg case, of the death penalty do you most agree with? Why?

______________________________________________________________________________

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Handout 6D: DUE PROCESS RIGHTS