DEATH PENALTY PENALTY NEGATIVE SIDE 1
ST
SPEAKER
Interpellation questions:
1. Do you know know that Quezon Quezon City, City, Manila Manila City City and Makati Makati City City are the the top top 3 rich riches estt citi cities es in the the Ph Phil ilip ippi pine nes s acco accorrdin din to the the Depart!ent o" #inance $ %ureau o" &ocal 'o(ern!ent #inance )*1+ data ). Do you know that those those Cities Cities !ention !entioned ed are also also included included in the )*1+ list o" top 1* cities with the hihest reistered indecri!e rates accordin to the %ureau o" Police 3. o wit with h the the 1 st two questions asked, do you aree that there is no direct direct relatio relationshi nship p /etween /etween econo!ic econo!ic pror proress ess and reister reistered ed data o" cri!e rates 0. re you you aware aware that Da(ao Da(ao City City is the top top 0 City with with the hihes hihestt inde- cri!e accordin to the latest data o" Philippine tatistics uthority posted on their we/site which is a )*10 data +. %ut %ut are are you you also also awar aware that that Da(ao Da(ao City City is consi conside derred the 0 th sa"e sa"est st City City in the the whol whole e worl world d acco accorrdin din to su sur( r(ey ey site site 2u!/eo.co! in )*1+ . o with ith th the 0th and +th questions asked, do you aree that there is no dir direct ect relat elatio ions nsh hip /etw /etwee een n
peace eace and and orde orderr and, and,
reistered reistered data o" cri!e rates 4. Do you ha(e ha(e any historic historical al proo" proo" to show show that death death penalty penalty has lessen cri!e rates o(er the past decades 5. Do you you know know ther there was was none none /eca /ecaus use e ther there e is no clea clearr cut cut e(idence that death penalty is the solution to decrease cri!e rates 6. re re you aware aware that it was durin durin %enin %enino o quino quino III where where we don7t ha(e death penalty, the Philippines has e-perienced the hihest econo!ic rowth rowth "or the past years 1*.8a(e 1*.8a(e you alread already y e-per e-perien ienced ced losin losin an i!!edi i!!ediate ate "a!ily "a!ily !e!/er /ecause o" a !urderer !urderer 11.9h 11 .9her ere" e"or ore, e, you you don7 don7tt ha(e ha(e any any idea idea how how pain pain"u "ull it is to e-perience such traic e(ent ell, I will tell you, there are no enouh words that can e-plain when our "a!ily lost !y /rother /ecause /ecause o" a !urderer !urderer /ut I will tell you, despite o" our deepest rie" and i!!easura/le sorrow we ne(er succu!/ to the te!ptation to take re(ene /ecause the only thin that will co!"ort a "a!ily who lost a dear lo(ed one are the words o" 'od and nothin !ore.
Formal Debate SPILL
It is only when you e-perience where you can /est present "acts and it is only "acts o" history where we can understand the li!pse o" the "uture.
&adies and entle!en, this is Pauline uust #ernandez, on the side neatin the issue o" death penalty restoration in the Philippines.
9he neati(e side o" the house will present 3 !ain points on why we neate on the issue o" death penalty: ;
I as the the
;
e-pensi(e> 9he seco second nd speak speaker er o" this this side side o" the the house house will will talk talked ed a/out a/out the issue o" ?death penalty does not deter cri!e e@ecti(elyA
;
/ased on statistics> and, Bur Bur last last speak speaker er will will talk talk a/out a/out the pract practic ica/ a/il ilit ity y o" the e-is e-isti tin n Ph Phil ilip ippi pine ne Pro( Pro(is isio ions ns or &aws &aws that that will will supp suppor ortt sensi/le alternati(es alternati(es rather than the i!ple!entation o" death penalty.
'i(e !e so!e proo" that the Philippines has enouh resources resources or e(en =ust a /udet that would support your clai! that the Philippines is capa/le o" pursuin death penalty as capital punish!ent "or heinous cri!es and i" e(er you ha(e it their please at so!e point present "acts a/out a/out the susta sustaina ina/il /ility ity issue issue o" death death penalt penalty y with with rear reards ds to the current Philippines econo!ic situation, then !ay/e you can at a little way con(ince !e to support your side o" the house or si!ply show !e any relia/le proo" o" that ?warehouse o" !oneyA that the Philippine possesses speci
ell I will lay down the "acts o" !y research that aside "ro! your /ar/ /ar/ar aric ic poin pointt o" (iew (iew ?I9 ?I9 I 2B9 2B9 chea cheape perA rA /eca /ecaus use e the the ene enera rall
statistics showed that the death penalty is three ti!es !ore e-pensi(e than li"e i!prison!ent. i!prison!ent.
9he irre(ersi/ility irre(ersi/ility o" the death sentence requires requires courts to "ollow heihtened due process in the preparation and course o" the trial. 9he separate sentencin phase o" the trial can take e(en loner than the uilt or innocence phase o" the trial. nd de"endants are !uch !ore lik likely ely to insi insist st on a tria triall when when they they are are "aci "acin n a poss possi/ i/le le deat death h sentence. "ter con(iction, there are constitutionally !andated appeals which in(ol(e /oth prosecution and de"ense costs.
ince there is no relia/le historical data in the Philippines a(aila/le in the internet and other eneral periodicals, let !e use the !erican costin o" death penalty as widely used in intellient discourses. discourses.
8ere 8ere are are so!e so!e speci speci
tate (s. 'onzalez, !urder o" a police ocer: Costs were at E051,+4 or F)1.4 F)1.4 !illio !illionG nG when when it was was deter deter!in !ined ed that that the de"end de"endan antt was incapa/le o" pre!editated intent and the death penalty was dropped. 9his allowed a si!pler, quicker trial o" one !onth. ell, consider that one, con(iction o" death penalty was not e(en i(en and the trial only last "or a !onth /ut it already cost that !uch.
tate (s. Hupe, death penalty souht: Costs ha(e e-ceeded one !illion dollars or around F00.* !illion, and there is still a possi/ility o" appeal and !ore cost.
#our ara(ated !urder trials with death penalty lasted an a(erae o" 0*.)+ !onths, with an a(erae cost o" E033,)) or F16.1 !illion.
2ine ara(ated !urder cases with death penalty lasted an a(erae o" )3.+ !onths, with an a(erae cost o" E16+,+35 or F5.5 !illion.
9here are cases with the low cost o" E*,*** or F). !illion, /ut the !edian was a/out E3+*,*** or F1+.0 !illion "or trials in(ol(in the death penalty. penalty.
Most o" these costs occur in e(ery case "or which capital punish!ent is souht, reardless o" the outco!e. 9hus, the true cost o" the death penalty includes all the added e-penses o" the unsuccess"ul trials in which the death penalty is souht /ut not achie(ed.
Mor Moreo(e eo(er, r, i" a de"e de"end ndan antt is con( con(ic icte ted d /ut /ut not not i(e i(en n the the deat death h sentence, the state will still incur the costs o" li"e i!prison!ent, in addition to the increased trial e-penses.
ell, let us consider that scenarios presented with a shorter period o" ti!e were !illions o" pesos were already incurred. 9hen how a/out the lon nu!/er o" years /e"ore a case here in the Philippines is settled. #or the states which e!ploy the death penalty, this lu-ury co!es at a hih price. I can7t i!aine how the Philippines could sustain such cost.
ccordin to an article wrote /y Hon 'luck!an durin the rein o" deat death h pena penalt lty y her here in the the Ph Phil ilip ippi pine nesG sG whic which h won won an awar award d "or "or J-cellence in Heportin "ro! the ociety o" sian Pu/lishers.
I2 98J P8I&IPPI2J, in!ates pay "or their cri!es in !any ways. side "ro! ser(in their sentence in prison, the inhu!ane prison cell itsel" ell, I can attest to that /ecause I, !ysel" had a chance to (isit a "a!ily "a!ily "riend "riend who who was /een chared chared o" a "elon "elony y and and was later on disco(ered that it was =ust a !istake o" identityG and the lon nu!/er o" years /e"ore a case will /e i(en a
J(erythin is a(aila/le "or a price. ccordin to Maria Diokno, head o" the #ree &eal ssistance 'roup #&'G, which handles !ost last;ditch appeals "or conde!ned !en 9hese are all poor people in Death How. #ather il(ino Kun Kun %orres %orres,, director director o" the Philippi Philippines nes Kesuit Kesuit Prison Prison er(ice, calls the How a ho!e "or the poor. sur(ey showed that !ostly in the How earned less than E a day when they were arrested. 9hree;quarters 9hree;quarters o" the! were "ar!ers, "ar!ers, truckers, truckers, la/orers la/orers and so on. #ew #ew can a@ord a@ord the hearins.
₱1,+**
attorneys chare to attend the death sentence
Diokno esti!ated that only 1)L;1+L o" those chared in capital cases can a@ord pri(ate representation. representation. nd !ost o" these are dru cases or "orei "oreiner ners. s. Instea Instead, d, Death Death How in!at in!ates es are are ser(ed ser(ed /y a se(er se(erely ely under;"un under;"unded ded Pu/lic Pu/lic ttorne ttorneys ys Bce PBG PBG,, o"ten o"ten with disastr disastrous ous resu results lts.. Conde! Conde!ned ned !en say say they they are are railr railroad oaded ed into into priso prison n with with li!ited or no representation. #&' cites cases in which pu/lic attorneys ad(ise clients to plead uilty to o/tain a lihter sentence, unaware unaware that the chares chares carry carry a !andator !andatory y death sentence. sentence. PB acknowled acknowledes es that that !ost o" their attorneys recei(e no special trainin on capital cases. It also notes that /esides handlin death;sentence cases, pu/lic de"enders are in(ol(ed in !ore than 3+*,*** ci(il and cri!inal cases each year, as well as !illions o" consultations,
hile state and national politicians pro!ote the death penalty, the county o(ern!ent is typically responsi/le "or the costs o" prosecution and the costs o" the cri!inal trial. In so!e cases, the county is also responsi/le "or the costs o" de"endin the indient.
ell, ell, withou withoutt dera deradin din the pro"e pro"ess ssion ion that that I want want to /e with, with, we cann cannot ot esca escape pe the the trut truth h that that /eca /ecaus use e o" the the low low /ud /udet et o" the the o(er o(ern!e n!ent nt to pu/lic pu/lic attor attorney ney7s 7s oce, oce, we cannot cannot assur assure e that that the lawyers were i(en enouh trainins to co!petiti(ely i(e leal ad(ice to the accused.
I" I !ay use the words o" Chie" Cri!inal Kude, Ka!es Jllis o" Breon, Nnited tates,: hether youre "or it or aainst it, I think the "act is that that Breo Breon n si!pl si!ply y cant cant a@ord a@ord it. it. nothe notherr are are words words "ro! "ro! Ka!es Ka!es J-u!, Chie" Kustice o" the 2orth Carolina upre!e Court, arees: I think those o" us in(ol(ed in prosecutin these death penaltyG cases ha(e this uneasy notion that ... these cases are (ery ti!e;consu!in and (ery trou/leso!e and take a lot o" resources that !iht /e /etter spent on other kinds o" cri!es ....
o!e state appeals courts are o(erwhel!ed with death penalty cases. 9he Cali"ornia Cali"ornia upre!e Court, "or e-a!ple, spends !ore than hal" its ti!e re(iewin death cases. 9he #lorida upre!e Court also spends
a/out hal" its ti!e on death penalty cases. Many o(ernors spend a sini
I" I !ay /orrow the words "ro! Ka!es Jllis hether youre "or it or aainst it, I think the "act is that Philippines si!ply cant a@ord it.
