Death Penalty: Fair, or Unfair?

Variables by which fairness is determined:

• Equal treatment: this came up first, but the class decided that each case should be treated on its own merits--one size should NOT fit all. Not relevant, because we're determining whether the law itself is fair.
• Lex Miranda: let the punishment fit the crime
• Question of jurisdiction... but we don't want to discuss this. If death penalty is fair, then states should have the ability to decide whether or not to implement the death penalty as a punishment.
• If I go out and kill, which is blatantly illegal (and unfair to my victim), isn't the government hypocritical if the government turns around and kills me?
• As a punishment, is execution (a "death sentence") better or worse than a life sentence? Is rehabilitation, or redemption, possible? [Dead Man Walking] Both sentences protect society equally... Two issues, punishment and public protection. Tookie Williams...

How is the death penalty applied to different cases? Who faces the death penalty? Who are the victims of the crime? What aspects of these questions constitute fairness?

• Should environment (neighborhood, specifics of a given situation) determine whether or not the death penalty is used? Maybe background should NOT be taken into account... or maybe it should have some influence. Should the proportion of death row inmates from "horrible" backgrounds be equal to the proportion of convicted murderes from horrible backgrounds?
• Should race have an impact on death penalty--proportions of murderers on death row who are a particular race should equal the proportion of murderes NOT on death row of that race? Other considerations may apply (environment, situation, etc.)
• Race (age, gender?) of victim... and then the bell rang.

"Fairness" Lab Results

Students explored social justice issues arising in various settings. They brainstormed, then formulated hypotheses about proportions and means. Some questions raised include:

• Death penalty--hypothesis: mean income of death row inmates that are pardoned is greater than mean income of inmates that are not pardoned. If this were publicized, this might make some difference in public perception. If this becomes a topic of public debate (based on fact), public might demand changes to the laws.
• Pollution by factories (following of EPA guidelines)-- Hypothesis: less than half of all factories comply with pollution standards (null: p > 1/2) . Select factories at random for spot inspection. Notify "enforcement" agencies if null hypothesis is rejected.
• Drug abuse-- not clear on addictive properties of marijuana, questioned whether marijuana ought to be legalized (benefit for medical uses... ?). H0: If m/j were legal, medical treatments would NOT be more expensive/accessible. Ha: medical marijuana would make treatment more affordable (looking at proportion of population who can afford treatments). Let state legislatures know...