Part I template

docx

School

Delaware Technical Community College *

*We aren’t endorsed by this school

Course

MISC

Subject

Sociology

Date

Feb 20, 2024

Type

docx

Pages

Uploaded by MajorSandpiper3951

HMS 223: Social Policy & Program Planning Capital Punishment under Federal Law Amaris Prescott & Jonah Barry Delaware Technical Community College 1/23/24 For: Mrs. Kendra Roberts

HMS 223 2 Abstract Capital Punishment has been existed and has been used in the United States since its introduction in the late 1700s. Many states have abolished the Death Penalty in their own right, but Federal Law still mandates execution if crimes meet certain aggravating factors. H.R. 1174 aims to abolish the Death Penalty under Federal Law, effectively ruling capital punishment not permissible for use for any of the 50 states, and that Federal Law must be revised to account for this action.

HMS 223 3 Capital Punishment under Federal Law Definition of the Problem The use of the Death Penalty is not only an archaic form of punishment, but also shown to be ineffective in its use in terms of deterrence of crime, an ineffective use of taxpayer dollars, and it has continuously put innocent people to death for crimes that did not commit. There are more effective forms of punishment that can be applied and be more equitable to this population as well as the totality of American citizens. This proposal will lay out the problem, as well as the steps that can be taken in order to find a better solution. Part I: The Social Problem Addressed by the Policy 1. What is/are the problem/s to be solved in the most fundamental terms? The problem to be solved is the use of the death penalty under federal law. 2. What is the history of the problem/s in the United States? The death penalty first started in the 1600s where Captain George Kendall was executed for being a spy for Spain. In the late 1800s many states continued to use the death penalty, but there were increasing concerns about its fairness and potential for abuse. Now, the trend of declining use of the death penalty continues, with additional states abolishing it. Public opinion has also shifted, with increased support for alternatives. 3. What are the various theories about the causes of the problem/s? Based on this, what do you think is/are the most important cause/s of the problem/s?

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

HMS 223 4 The various theories about the causes of the death penalty are for retributive justice, revenge & vengeance, public opinion, moral & religious beliefs, and political power. Based on this, the most important causes of the death penalty can vary based on individual perspectives and values. Public opinion, legal developments, and evolving societal values contribute to ongoing debates about the appropriateness and efficacy of the death penalty. Validation Capital Punishment is simply an ineffective and outdated form of punishment in the United States. According to the Equal Justice Initiative, for every 8 people put on Death Row, 1 person is exonerated. The EJI also states that the Death Penalty also feeds on lower income people, as those who have less to spend on counsel spend more time on Death Row, “Few states provide enough funding for capital defense counsel, and most death penalty states don’t require lawyers to meet the minimum training and experience guidelines set by the American Bar Association.” (EJI, 2023) Further, the Department of Justice claims it costs the taxpayer nearly $50,000 more to house a Death Row inmate than it does an inmate in general population. For all these reasons, there should be a concerted effort to ensure the abolishment of the Death Penalty under Federal Law as outlined by H.R. 1174. Part II: The Policy Objectives, Value Premises, Expectations, and Target Populations 1. Policy objectives: overt and covert objectives. What are the stated objectives of the policy? In your judgment, what are the covert objectives of the policy? The stated objectives of this policy are to abolish the use of the death penalty under federal law and to revise current federal law to account for the abolishment. The covert

HMS 223 5 objectives of this policy are to place higher importance on humanistic ideologies and reigning in radical policies that have shaped the United States criminal justice system. 2. What are the values underlying the policy objectives? What values are revealed by the overt and covert objectives? The values underlying the policy objectives are that a government sentencing a person to death should not be acceptable practice. 3. What did the policymakers expect would be the result of the policy? Policymakers expected that the result of this policy would be that the Death Penalty would no longer be used as an acceptable form of punishment in the United States. 4. Target segments of the population at whom policy is aimed. Discuss the direct target of the policy in terms of size and other demographic characteristics. Who are the indirect targets of the policy? Since this is aimed at federal law, this policy applies to all American citizens. However, this more directly applies to those who may have been convicted of federal crimes that fall under a statute wherein the death penalty could be applied. This in theory could affect those who may have committed violent crimes that now require the death penalty under federal law such as federal prison inmates or private citizens if that person were to be pardoned. Models for Correction When the Death Penalty was repealed in 2016 in the State of Delaware, it came down to a Delaware Supreme Court decision which ruled capital punishment as unconstitutional. At that

HMS 223 6 time 64% of Delawareans were against the use of the Death Penalty, while only 30% were in favor. A recent Gallup Crime Survey asking American citizens whether they supported or were against the Death Penalty found that 53% of Americans were against, while 44% were four. (Gallup, 2020) Based on this information and the recent actions of the US Supreme Court, I think a strong push towards swaying public opinion on this issue will be very important if this statute shall be changed. This message must be pushed out to the public to ensure the national repeal of the Death Penalty. Part III: Effects of the Policy 1. Intended effects. What are the effects that lawmakers intended? The effects that lawmakers intended are to support justice. Not all lawmakers share the same views. Many lawmakers of the death penalty see it as a form of retribution or justice for the most serious crimes. This perspective holds that the punishment should be proportional to the harm caused by the crime. 2. Unintended effects. What are the effects that the lawmakers did not foresee? There are many unintended consequences that lawmakers did not foresee, a main one is the risk of executing innocent individuals. Flaws in the legal system, such as inaccurate representation, flawed evidence, or misconduct, can lead to wrongful convictions and execute innocent people. 3. Distinguish between short-range (under 5 years) and long-range (over 5 years) effects of the policy.

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

HMS 223 7 Short-range effects of the death penalty are emotional impact on the victims’ families, impact on prison population, media & public attention, and financial costs. Some long-range effects of the death penalty are shifts in public opinion, impact on mental health, cumulative financial costs, and impact on the legal systems integrity. The social problem being addressed here is under Federal Law, but since many states have abolished the use of capital punishment under their respective jurisdictions. In Delaware, the use of the Death Penalty was officially repealed in 2016, however recent bills have resurfaced asking to repeal that decision. There are many agencies that have sought to abolish the Death Penalty federally and have also made supportive actions in order to ensure equitable representation under current law. Some of these include EJI, the National Coalition to Abolish the Death Penalty, and the ACLU. Most of these actions are centered around giving legal representations and support, filing injunctions against execution in the Federal court system, raising awareness on issues, and lobbying and petitioning for the abolishment of the Death Penalty. Organizations like these are non-profits, and their goals only to be fully met if legislation such as H.R. 1174 is passed under federal law. Part IV: Implications of the Policy 1. Changes in the distribution of material resources. Are there any changes to the distribution of material resources, including income and other tangible benefits, because of the policy for direct or indirect target groups? The abolishment of the Death Penalty does not directly change distribution of material resources; however, it may slightly affect resources for other inmates or distribution of taxpayer dollars that were going to death row policies.

HMS 223 8 2. Changes in distribution of services, rights, and statuses. Are there any changes in services, rights, or statuses as result of the policy? The abolishment of the Death Penalty would offer those who committed crimes that constituted the death penalty under Federal Law the right to life. Further, the services that federal Death Row inmates were receiving would change to the general population, and crimes that currently constitute the Death Penalty would have to change. Proposal Along with the introduction of H.R. 1174, we’ve decided to partner with the NCADP to ensure the abolishment of capital punishment under federal law. In order to continue raising awareness to the public and our politicians, we will receive and combine funding from the NCADP donor’s as well as our own fundraising. By spreading this all important message to New Castle County and all over the nation with the help of NCADP, we intend to make sure the use of the death penalty is no longer an acceptable form of punishment in the United States.

HMS 223 9 H.R. 1174 addresses the social problem effectively, however supplemental policies that help to prevent these kinds of crimes from happening are needed to ensure the goals of the policymakers. Below are 6 proposed policies under federal law that attempt to close the gap in this population. These are all focused on serving impoverished communities, effective counsel, access to mental health, an d reform of federal law. H.R.551 - Fully addressing child poverty. H.R.434 - Declaring a mental health crisis among youth in the United States and expressing the pressing need for historic investments in mental health care for students. H.R.3669 - Expanding Student Access to Mental Health Services Act S.2299 - Federal Death Penalty Prohibition Act S.850 - Quality Defense Act of 2023

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

HMS 223 10 References Death Penalty . (2023). Equal Justice Initiative. Retrieved January 23, 2024, from https://eji.org/issues/death-penalty/ Death Penalty | Gallup Historical Trends . (n.d.). Gallup News. Retrieved January 23, 2024, from https://news.gallup.com/poll/1606/death-penalty.aspx Detention and Incarceration . (2023). Department of Justice. Retrieved January 23, 2024, from https://www.justice.gov/archive/ag/annualreports/ar99/Chapter5.pdf Springer, J. (n.d.). Repeal of death penalty passes Delaware State Senate . Ballotpedia. Retrieved January 23, 2024, from https://ballotpedia.org/Repeal_of_death_penalty_passes_Delaware_State_Senate Thorpe, J. (2020, December 15). 7 Anti-Death Penalty Organizations To Support . Bustle. Retrieved January 23, 2024, from https://www.bustle.com/politics/anti-death-penalty-organizations-support

Part I template

Related Documents