David Milgaard

THE DEATH PENALTY

Capital Punishment

Definition:

A crime punishable by death.

Example: In some countries, importing drugs is capital offence.

139 countries have the death penalty

Capital Punishment

20 676At least 20 countries were known to have carried outjudicial executions in 2011. At least 676 executionswere carried out in 2011.

Countries with the Most Confirmed

Executions in 2011

1. China (1,000s *) 2. Iran (360+)

3. Saudi Arabia (82+) 4. Iraq (68+)

5. U. S. (43) 6. Yemen (41+)

Source: Amnesty International

Methods used

Hanging

Crucifixion

Stoning

The guillotine

Burning at the stake

The gas chamber

Pressing or crushing

Firing squad

Electrocution

Lethal injection

Hanging

Crucifixion

Stoning

The guillotine

Burning at the stake

The gas chamber

Pressing or crushing

Firing squad

Electrocution

Lethal injection

Capital Offences in the U.S

Premeditated Murder

Some causes of rape

Espionage

Treason

Kidnapping

38 states in the U.S. have chosen to keep thedeath penalty38 states in the U.S. have chosen to keep thedeath penalty

Capital Punishment in Canada

•Capital punishment wasenacted in 1859

•All murder convictions,prior to 1961, resulted inexecution.

•After 1961, a murder

charge was divided into

capital and non-capital

offences such as:

1.Planned or violent killings

2.The murder of police officersand prison guards.

A snapshot of the execution of Stanislaus La Croix in Hull, Que., on March 21, 1902. It was not until 1976 that Canada abolished civilian capital punishment — after a total of 710 people had been sent to the gallows.

Capital Punishment in Canada

710 individuals were executed

between 1859 until 1976,

when capital punishment

was abolished

Sentences for Murder inCanada

First Degree Murder1. First Degree Murder: Life Sentence with nopossibility of parole for 25 years

2.Second Degree Murder2.Second Degree Murder: Life sentence with nopossibility of parole for at least 10 years

Manslaughter3. Manslaughter: Life sentence with parole eligibilityafter 7 years

Where do you stand oncapital punishment? Are youfor or against it?

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Remember: Every argumenthas two sides.

Canadian Perspective

Economic Justification:Economic Justification:

•The death penalty costs far more than life in prison.

Why?Why?

•Investigative costs

•Costs can start prior to the trial. i.e. Pre-trial juryselection

•More court time results in more fees.

•i.e. Two phases to a death penalty trial. 1) convictionand 2) sentencing

Using conservative rough projections, the Commission estimates the annual costs of the presentsystem ($137 million per year), the present system after implementation of the reforms ...($232.7 million per year) ... and a system which imposes a maximum penalty of lifetimeincarceration instead of the death penalty ($11.5 million)."

--California Commission on the Fair Administration of Justice, July 1, 2008

Canadian Perspective

DNA Justification:DNA Justification:

•DNA is available in no more than 10% of murdercases.

•It is not a miracle cure for sentencing individuals todeath

•It is human nature to make mistakes and DNAresearch is still improving.

Canadian Perspective

DeterrenceDeterrence

•The death penalty is not a deterrent

•Canada’s murder rate is 1/3 of the U.S.

•Murder rates in Canada have been decreasing since themid-1970s .

Murder rate in Canada per 100,000

3.0/100000 in 1970s vs. 1.8/100000 present day

Canadian Perspective

Social Aspect :Possibility of executing an innocent personSocial Aspect :Possibility of executing an innocent person

•Over 120 people on death row have been released withevidence of their innocence.

•Many have served 2 decades in prison on death row

•Time is needed to prove innocence

•Closing a case with an execution of an innocent personcould mean a criminal got a way with murder

THE DEATH PENALTY

The INNOCENT and the GUILTY

Steven Truscott – age 14

Many people believethat the StevenTruscott case led theCanadian justicesystem to abolishcapital punishmentin 1976.

At age 14 he wasaccused ofmurdering aclassmate (1959).

Steven Truscott today -

YouTube - Steven Truscott Case - updated version

Steven Truscott Acquitted

Steven was acquitted ofthe murder of LynneHarper

His convictionpronounced a miscarriagein justice in the courts300 page decision

Ontario Attorney GeneralMichael Bryant held anews conference toapologize to Steven, whospent 80% of his life as aconvicted murderer

Michael Bryant, Ontario's AG, apologized for the miscarriage of justice and said the Crown will not appeal the case.

David Milgaard

In 1970, 16-year-old DavidMilgaard was sentenced to lifeimprisonment for the 1969murder of 20-year-oldSaskatoon nursing aide GailMiller. After 23 years inprison, the Supreme Court ofCanada set aside hisconviction. Five years later hewas cleared by DNA evidenceand awarded $10 million. Inthe same year, Larry Fisher wasfound guilty of the rape andstabbing death of Gail Miller.