Costs

STUDIES: Nebraska's Death Penalty Costs $14.6 Million Per Year

A new study of Nebraska's death penalty found that the state spends $14.6 million per year to maintain its capital punishment system. The study, The Economic Impact of the Death Penalty on the State of Nebraska: A Taxpayer Burden?, also estimates that each death penalty prosecution cost Nebraska's taxpayers about $1.5 million more than a life without parole prosecution. At a press conference announcing the study, principal investigator Dr. Ernest Goss—an economics professor at Creighton University and founder of the conservative think tank, Goss & Associates—presented the findings as a strong economic argument in favor of retaining Nebraska's recent repeal of the death penalty. Nebraska voters will decide in November whether to keep the repeal bill, which was passed by the legislature in May 2015 over the veto of Governor Pete Ricketts, or overturn the legislature's decision and reinstate the death penalty. "If economics is your major factor, you should vote to retain," Dr. Goss said. He explained that conducting the study had altered his own views on capital punishment, which he supported before he learned about the economic costs. 1,842 homicides were committed in Nebraska between 1973 and 2014, with prosecutors seeking death 119 times and obtaining 33 death sentences. Of those sentenced to death, the study found that 13 had their sentences reduced, six died in prison, three were executed, one sentence was vacated, and ten are still appealing their sentences. Examining costs on a national level, the study said that death penalty states spend about 3.54% of overall state budgets on criminal justice, while states without the death penalty spend about 2.93%. On average, the death penalty costs a state $23.2 million more per year than alternative sentences. The study was commissioned by the organization Retain a Just Nebraska, which supports retaining the Nebraska legislature's repeal of the state's death penalty. (Click image to enlarge.)

Report: Proposal Billed as Speeding Up California Executions Would Actually Be Costly, Time-Consuming

An initiative on the California ballot this November billed by its supporters as a reform alternative to abolishing the state's death penalty will cost the state tens of millions of dollars to implement, according to an analysis by the Alarcón Advocacy Center at Loyola Law School, and "will not speed up executions." The report, California Votes 2016: An Analysis of the Competing Death Penalty Ballot Initiatives, predicts that Proposition 66 (The Death Penalty Reform and Savings Act of 2016), would "cost millions more than the [state's] already expensive death penalty system" and "will only make matters worse by creating more delays and further clogging the state’s over-burdened court system," adding "layers of appeals to a system already facing an insurmountable backlog of decades of death penalty appeals waiting to be decided." The report states that provisions in Prop 66 to exempt lethal injection protocols from public oversight "will certainly be subject to litigation ... on constitutional and other grounds, should Prop 66 pass, adding yet more delays to death penalty cases." The report criticizes Prop 66 as "fail[ing] to make the constitutional changes required to deliver the results it promises" and concludes that "its proposals are so convoluted that they are likely to create many new problems that will not only complicate the administration of the death penalty system, but will also impact and harm the rest of California’s legal system." The report contrasts Prop 66 with an opposing ballot initiative, Proposition 62 (The Justice That Works Act of 2016), which would abolish the death penalty in favor of life without parole. According to the state Legislative Analyst, Prop 66 will cost "tens of millions of dollars per year," while Prop 62 would save California taxpayers $150 million per year. The authors of the Loyola report, Paula Mitchell, executive director of the Alarcón Advocacy Center, and Nancy Haydt, a board member of California Attorneys for Criminal Justice, summarize the issues before the voters as follows: "The proponents of both Prop 62 and Prop 66 agree that California’s death penalty system is dysfunctional, exorbitantly expensive, and failing to achieve its purpose. Prop 62 responds to this failed system by replacing it entirely, adapting the existing regime of life imprisonment without parole to cover all persons who are convicted of murder with special circumstances. Prop 66 responds to this failure with a sweeping array of convoluted proposed 'fixes.' Our detailed analysis reveals that most of these changes will actually make the death penalty system worse, and will result in its problems negatively impacting the rest of the legal system in California."

Colorado Law to Speed Up Death Penalty Appeals Has Faltered and Failed

Twenty years ago, frustrated by what they perceived to be the slow pace of capital punishment, Colorado legislators adopted a law to "fix" their death penalty by speeding up appeals. Proponents and opponents of the state's death penalty agree on one thing: the law hasn't worked. As The Denver Post reports, the state law intended to streamline the death penalty appeals process by imposing a two-year deadline for decision and consolidating direct appeals and post-conviction appeals into a "unitary" system of review has failed. Colorado's two death row prisoners affected by the law have spent more than seven years at the first step in the appeals process, with no ruling on their cases in sight. The 1997 law changed the order of death penalty appeals, putting the lengthier post-conviction appeal (involving new evidence and claims of ineffective representation or prosecutorial misconduct) first, before the direct appeal (which involves only issues that were raised by defense counsel at the time of trial). Once the trial court rules on the post-conviction appeal, the Colorado Supreme Court would review and resolve both appeals together, in a single "unitary" appeal proceeding. But while the law originally allowed "no extensions of time of any kind" in post-conviction appeals, a 2010 Colorado Supreme Court ruling allowed extensions to be granted under "extraordinary circumstances" necessary to protect a defendant's procedural rights. Death row inmates Robert Ray and Sir Mario Owens both received extensions. Seven years later, Owens' case has had an extensive evidentiary hearing, but the appeal may have to be redone because the state supreme court fired the judge presiding over the case just before he was expected to issue his ruling. Ray's post-conviction hearings have not yet begun. Christopher Decker, a Denver defense attorney, voiced concerns about whether a fast appeals system would adequately protect defendants' constitutional rights: “If they just speed up the process and strip everyone of due process, we’ll have a very fast outcome that will be worth nothing. It won’t stand up to constitutional review.” Jeanne Adkins, the former state representative who sponsored the 1997 bill to speed up appeals, said, "I’m almost to the point where I would say, ‘Let’s do away with it and save the taxpayers the money.'" Expressing frustration with the death penalty system, she says “[t]he death penalty has become so politicized, truthfully, in the last decade or so in Colorado that I really think that a lot of what the legislature tried to do may actually be pretty pointless now.” 

EDITORIAL: San Jose Mercury News Endorses Death Penalty Repeal, Says Competing Measure Would Magnify Inequity

Weighing in on California's competing death penalty ballot initiatives, the San Jose Mercury News editorial board urged voters to support repeal of capital punishment and reject a proposal to speed up executions. The editorial called California's death penalty system, "a failure on every level," noting that the state has spent $4 billion to carry out just 13 executions and the $150 million annual savings the independent Legislative Analysts Office says death penalty abolition would achieve could be better spent "on education, on rehabilitating young offenders or on catching more murderers, rapists and other violent criminals." The editorial also addresses the misperception that the death penalty deters crime: "District attorneys throughout the state argue that the death penalty is a tool to condemn society's most vicious criminals. But this claim flies in the face of actual evidence: For every year between 2008-2013, the average homicide rate of states without the death penalty was significantly lower than those with capital punishment." After describing the racially- and geographically-biased application of the death penalty in California, the editorial argues that Proposition 66, which proposes to speed up executions, "would actually magnify the inequity and sometimes outright injustice in the death penalty's application" by reducing the opportunities to catch mistakes. "In the United States, for every 10 prisoners who have been executed since the death penalty was reinstated in 1976, one person on death row has been set free." Speeding up executions, the editorial says, "is the opposite of what nations concerned with actual justice would do."

Nebraska Exonerees Awarded $28 Million, Prosecutor Says Case Made Him Oppose Death Penalty

A federal court jury has awarded six Nebraska exonerees (pictured, at their exoneration) $28 million in damages for official misconduct that led to their wrongful convictions in the 1985 rape and murder of Helen Wilson. The "Beatrice Six," as the group came to be known, were falsely accused of the killing and threatened with the death penalty. Five of the defendants—James Dean, Kathy Gonzalez, Debra Shelden, Ada JoAnn Taylor, and Tom Winslow—agreed to plea bargains or pled no contest to avoid possible death sentences. The sixth—Joseph E. White—demanded a jury trial, and was convicted. All six were exonerated by DNA evidence tested in 2008. On July 6, the jury found that the Gage County, Nebraska Sheriff's Office had been reckless in its investigation and had fabricated evidence. The $28 million damages award exceeds the entire annual budget of Gage County by $1 million, and the county does not have an insurance policy to cover court judgments resulting from law enforcement misconduct. At a press conference on July 8, Randall Rintour, the Gage County prosecutor who reopened the Beatrice Six case in 2008, said the case had changed his views on the death penalty. “It happened right here in our backyard. We can’t say it’s not possible to make a mistake because we did, we made a huge one," he said. "Our ability to execute all the ... murderers we can is not worth the death of one innocent individual at the hands of the state." State Sen. Burke Harr, a former Douglas County deputy prosecutor, joined Rintour in urging Nebraskans to retain the state's repeal of the death penalty, which is the subject of a November referendum. Sen. Harr, one of 30 legislators who voted in favor of repeal, said, "The death penalty is just that, it’s forever. There’s no coming back."

Cost of Pennsylvania Death Penalty Estimated At $816 Million, Could Reach $1 Billion

Pennsylvania's taxpayers have paid an estimated $272 million per execution since the Commonwealth reinstated its death penalty in 1978, according to an investigation by The Reading Eagle. Using data from a 2008 study by the Urban Institute, the Eagle calculated that cost of sentencing 408 people to death was an estimated $816 million higher than the cost of life without parole. The estimate is conservative, the paper says, because it assumes only one capital trial for each defendant and it does not include the cost of cases in which the death penalty was sought but not imposed. The total cost may exceed $1 billion. An earlier investigation had estimated a cost of at least $350 million, based on the 185 inmates who were on death row as of 2014, but additional research into the cases that had already been overturned, or in which inmates died or were executed prior to 2014, revealed a total of 408 people who had been sentenced to death. Pennsylvania has carried out only three executions under its current death penalty statute. State Senator Stewart Greenleaf, a Republican and chairman of the Senate Judiciary Committee, said, "We're scratching for every dollar that we can right now. To continue to spend that kind of money is hard to justify." The Eagle's investigation also uncovered geographic disparities in the application of the death penalty. 60% of all death sentences came from just four counties: Philadelphia, Allegheny, York, and Berks. Death sentencing rates also varied dramatically, with about a third of counties handing down zero death sentences, while three (Columbia, Cumberland, and Northumberland) had 5 or more death sentences per 100 murders. Somerset District Attorney Lisa Lazzari-Strasiser, who has filed one death penalty case in five years as District Attorney, said, "I think our system is broken. It doesn't do justice to any one of the stakeholders, in my opinion, not the taxpayers, the victims or the defendants. It doesn't work."

Newly Disclosed California Corrections Documents Reveal Questionable Practices, Huge Price Tag for Execution Drugs

More than 12,000 pages of California prison documents disclosed by court order on May 7 reveal problematic conduct by state officials and the extraordinarily high price tag the state would have paid for lethal injection drugs if it were carrying out executions. The American Civil Liberties Union of Northern California, which obtained the documents after a six-month legal battle, say they show that the California Department of Correction and Rehabilitation (CDCR) significantly understated drug costs, advocated violating federal law in attempting to acquire execution drugs, considered obtaining execution drugs from questionable sources, and downplayed the seriousness of botched executions in other states and the prospects that botches could occur in California. The ACLU requested the documents under the California Public Records Act, saying they were crucial to informed public comment on California's recently-proposed one-drug execution protocol. Among the information revealed in the records were wildly inconsistent estimates of the cost of obtaining pentobarbital—one of four proposed lethal injection drugs. CDCR initially estimated drug costs at $4,193 per execution. Emails indicate that a compounding pharmacy agreed in May 2014 to provide 200 grams of the drug to the state for an initial cost of $500,000, but only if the company's name was kept secret. A second source quoted a price of $1,109 for 500 milligrams of pentobarbital. The emails state that 324 grams would be required to execute the 18 inmates who have exhausted their appeals, for a total cost of $718,632, plus unspecified fees to cover "service costs." The proposed protocol, however, calls for 60 grams: "Estimated chemical costs are based on a total of 60 grams. This includes the 37.5 grams required by the regulations for carrying out the execution plus 22.5 grams used during training." Based on the price quotes from the emails, 60 grams of pentobarbital would cost between $133,080 and $150,000, bringing the cost of 18 executions to $1.06-$1.20 million. 

Ruling Expected on Arizona Execution Hold, Amid Systemic Problems With Arbitrariness, Lethal Injection

Arizona's last execution, the botched lethal injection of Joseph Wood in July 2014, sparked controversy and legal challenges to the state's lethal injection procedure, and came at a time when Arizona was struggling not only with the logistics of carrying out executions, but also broader issues of fairness and costs. In a sweeping piece for The Arizona Republic, Michael Kiefer, who witnessed Wood's execution, describes the historical and legal background that led up to Arizona's current hold on executions.  He describes how Arizona's list of statutory aggravators — factors that make a case eligible for the death penalty — became so expansive that then-Governor Jan Brewer vetoed a proposed aggravator in 2014 because she worried it would make the death penalty law unconstitutionally broad and vague. Kiefer notes Arizona's 42% reversal rate in capital cases, meaning that 129 of the 306 death sentences in the state were reversed or remanded by higher courts. Nine people have been exonerated in Arizona, and one, Jeffrey Landrigan, was executed despite test results weeks before his execution that found DNA from two different men, but not Landrigan, on the victim's clothing. Landrigan was executed in 2010 using lethal injection drugs imported illegally from London. The U.S. Drug Enforcement Administration later seized the remaining drugs, causing Arizona to switch first to pentobarbital and later to midazolam, the first drug in Wood's botched execution. U.S. District Judge Neil Wake halted all executions in Arizona, asking the state to clearly specify what drugs it has and how it intends to carry out executions. His ruling is expected soon.

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