Affirmative Constructive Speech
We of the affirmative side believe that Japan should abolish capital punishment.
Plan: The Japanese Government shall stop putting execution into practice.
Our plan will bring about the following advantages.
Advantage 1:Human rights will be protected.
(a) Present Situation
The Death Penalty is a Denial of Human Rights. The Universal Declaration of Human Rights, adopted by the U.N. in 1948, proclaims the right of every individual to protection from deprivation of
life. It states that no one shall be subjected to cruel or degrading punishment. The death penalty violates both of these fundamental rights and perpetuates a cycle of violence. It is the
ultimate cruel, inhuman and degrading punishment and has no place in a modern criminal justice system. Over two thirds of countries in the world have now abolished the death penalty in law or
practice. As a matter of fact, human rights are not protected in Japan. This is very serious.
(b) Effect(Plan→AD（プランからメリットまでの発生過程)):
If our plan is adopted, human rights in Japan will be protected. As a result, Japan will make a better relationship with other countries. If not, Japan might be isolated in the world.
(c) Importance（メリットの重要性、深刻性):
This advantage is very important because the public is moving away from the death penalty. For example, in the U.S., the public support for the death penalty is diminishing.Roughly half the U.S.
public now prefers life without parole over the death penalty as the best punishment for the crime of murder. As evidence, annual death sentences in the U.S. have dropped dramatically since the
year 2000.In the last two years the number of death sentences has been lower than any time since reinstatement of the death penalty in 1976. Executions have declined as well, from a high of 98 in
1999, to 53 in 2006, to just 42 in 2007. According to this fact, the same will apply to Japan.
Advantage 2: The crimes in Japan will be deterred.
(a) Present Situation:Death Penalty Failed as a Deterrent. According to McClellan, G, 1961, some criminologist claim they have statistically proven that when an execution is publicized, more
murders occur in the day and weeks that follow.A good example is in the Lindbergh kidnapping.A number of states adopted the death penalty for crime like this, but figures showed kidnapping
increased.Publicity may encourage crime instead of preventing it.Does the death penalty give increased protection against being murdered?This argument for continuation of the death penalty is
most likely a deterrent, but it has failed as a deterrent.On the other hand, there is no clear evidence because empirical studies done in the 50's by Professor Thorsten Sellin, (sociologist) did
not give support to deterrence
(b) Effect
If our plan is adopted, crime rates will drop in Japan. This is very important
for us in order to live safely in Japan.
(c) Importance: Fear of Death Does not Reduce Crime.
According to Grant McClellan, the 10 states, which had the most murderers from eight to fourteen killings
per 100,000 population were Nevada, Alabama, Georgia, Arkansas, and Virginia - all of them enforce the death penalty.The fact is that fear of the death penalty has never served to reduce the
crime rate.In 1958, the 10 states that had the fewest murders? fewer than two a year per 100,000 population were New Hampshire, Minnesota, Massachusetts, Connecticut, Wisconsin.
Just as we stated above, if capital punishment is abolished, two advantages will surely occur.
On advantage 1, if human rights are protected in Japan, Japan might not be isolated in the world.
On advantage 2, Japanese people can live more safely than now.
We strongly believe that these advantages are very valuable.
Negative Constructive Speech
We, the negative side, strongly oppose the proposition that Japan should abolish the death penalty.
Disadvantage 1:Justice will fail to demand the death penalty for certain criminals in certain crimes.
(a) Present situation
Justice as fairness should be done as retribution in society.It is still generally believed that the death penalty is the appropriate response to certain criminals in heinous crimes.For example, the Nazi war criminal Adolf Eichmann was sentenced to the death penalty and executed in 1962.The death penalty verdict was motivated by the feeling that he deserved to die.This feeling runs deep.Even in Japan, 85% of the general public supports death penalty for the same reasons.All over the world, 91 countries don’t have a death penalty of any kind, while 105 countries have death penalty of some kind.Another example, in Yamaguchi prefecture in 1999, the 23 year old mother was raped and killed, and also her baby was killed. (光市母子殺害事件) This is real heinous crime. The husband strongly claims that the criminal deserves the death penalty. It is this kind of situation which shows good reason for the death penalty to stand.
(b) Effect
If the plan is adopted, the opportunity to give a criminal the severest punishment will be lost.
(c) Importance
The death penalty is not judged by utilitarian considerations such as general deterrence or societal protection. Imanuel Kant says that if he has committed a murder, he must die.In this case, there is no substitute that will satisfy the requirements of legal justice.
Disadvantage 2: Some criminals are too dangerous to be allowed to live in society.
(a) Present Situation
In Japan, there is no such penalty as life imprisonment without parole. Some criminals are not reasonably expected to be rehabilitated.For example, a criminal was released from a prison in September, 2009, but he soon committed robbery resulting bodily injury, and also robbery and rape, and murder and arson in October, and attempted rape in November, 2009.According to the White Paper of Crimes in 2009, 48 criminals who served life imprisonment with parole committed murder again after returning to society.This shows that some criminals can be a great threat to people at the great risk of repeated crimes.In this situation, protecting society from criminals is a good reason for the death penalty to stand.
(b) Effect
If the plan is adopted, prisoners will be returning to society after serving time of 20 to 30 years. Considering the repeated crime rate, heinous crimes will probably be committed again.
(c) Importance
In reality, eliminating dangerous individuals is the basis of social safety of community life. Only by giving a far smaller number of criminals, the severest punishment is a reasonable way of achieving a decent social safety.
For these reasons, we should not abolish capital punishment.