Death Penalty on Trial (2 Parts)

Capital punishment is part of American history and culture, but today technology is revealing that mistakes have been made and innocent people are executed. Like other controversial topics, the debate over capital punishment elicits passionate and fierce debates, with both sides standing by their convictions. Should the US abolish the death penalty? Should the criteria for the death penalty be changed? How accurate is our judicial system? Should appeals based on DNA testing be allowed? What are the ramifications of changing the system? Death Penalty on Trial examines these difficult questions. This episode of Investigative Reports presents the cases of four men on death row appealing their sentences because of reasons such as defense attorney incompetence, judicial bias, police and prosecutorial misconduct. Death Penalty on Trial would be useful for classes such as American History and American Culture, Law and Justice, Ethics and Political Science. It is appropriate for middle school and high school.

OBJECTIVES

Students will explore the controversy surrounding capital punishment in the United States. They will learn about the current judicial system and challenges as to its effectiveness. They will also learn about the trial and appeal process under the American legal system.

• Alleged
• Appellate
• Bias
• Catalyst
• Commutation
• Deliberation
• Exonerate
• Incompetent
• Indigent
• Litigate
• Mitigating
• Preponderance
• Pro bono
• Rectify
• Retribution
• Zealous

1. One of the most significant characteristics of American government is our legal system. What is the legal process?

2. Today, because of advances in technology, there is evidence available in trials that was never available before. How does technology, particularly DNA technology, challenge the legal system?

3. Discuss some of the reasons why someone might not get a fair trial, although the Consitution guarantees it.

4. Discuss the role of racism in the American legal system, past and present.

5. The American Bar Association called for a moratorium on executions. What is a moratorium?

6. No European country practices capital punishment. Why does the United States continue to use the death penalty?

7. What did Dr. James Liebman’s study, “A Broken System,” reveal?

8. Tommy Ziegler is currently on death row trying to appeal his sentence. Why was Ziegler a suspect in the murder of his wife and three others?

9. Why didn’t the judge in Ziegler’s case recuse himself when council requested that he do so?

10. The judge in Ziegler’s case overrode the jury’s sentence of life imprisonment and sentenced Ziegler to death. Why?

11. What is the Innocence Protection Act?

12. The Constitution, in theory, provides for equal defense for all citizens. How do economics determine the quality of that defense?

13. Richard Wardroup, Joe Lee Guy’s defense attorney, had numerous problems and shortcomings. What were these problems? How did they affect the quality of Guy’s defense?

14. Why was Joe Lee Guy denied a new trial? Do you think this was fair or unfair?

15. Discuss the regional differences in the application of capital punishment. Why are there significant differences?

16. Why did Illinois governor George Ryan place a moratorium on the death penalty?

17. What are the accusations against police behavior in the Leroy Orange case?

18. Why was Leroy Orange accused of the murder of his friends?

19. How did the police misconduct in Chicago’s Area 2 police headquarters become known?

20. What made Charles Munsey a suspect in the Shirley Weaver murder?

21. How and why did prosecutor Randy Lyon act inappropriately in the Charles Munsey trial?

1. Follow this link (http://deathpenaltyinfo.msu.edu/) to the Death Penalty Curricula for High School webpage at the Michigan State University web server for an exploration of capital punishment, presenting arguments for and against its use, as well as issues of ethics and justice that surround it.

2. What is the history of the death penalty? Research the past of the death penalty and use your data to create a report or timeline illustrating the major events and/or legislation of its history.

3. What are the capital punishment laws of your state? Research your state laws and create a chart illustrating your data.

Related Videos

Primary Sources

• Selected Amendments from the Bill of Rights/ Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
• Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
• Amendment VII: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
• Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Air Dates

• August 18, 2004
• August 19, 2004