Costs

Texas Case Illustrates Trend Away From Death Penalty

Midland County, Texas, District Attorney Teresa Clingman (pictured) recently accepted a sentence of life without parole rather than seeking the death penalty for Dan Higgins, a man who pled guilty to killing a Midland County Sheriff's Deputy. Clingman's decision was part of a larger trend of prosecutors choosing life without parole even for the most serious crimes. West Texas A&M criminology professor and former prison warden Keith Price said, "Capital death has so many requirements -- it's so expensive. Capital death: the convicted dies in prison by lethal injection. Capital life: the convicted dies in prison whenever his natural life is over. From an incapacitation standpoint, the DA has accomplished the same thing. That particular person will never see the Texas public again." As a result of similar decisions by other prosecutors, and juries preferring life without parole more often, death sentences in the U.S. have declined by about 75% since their peak in the mid-1990s. Clingman cited a request from the deputy's widow not to seek the death penalty, saying, "The reasoning is because we can't punish him any more than we're already punishing him. It saves the victim in that case from having to go through a trial. [The victim's widow] also took into consideration that Mr. Higgins will now spend his time in general population rather than on death row in a single cell by himself for the rest of his life." Midland County Sheriff Gary Painter supported the prosecutor's decision, saying, "I think saving the county money, saving the heartache for the families involved is the best solution for this particular case. The Midland County's Sheriff's Office not only lost a brother and a friend, this county lost a great employee. Only time right now can help settle the feelings right now."

Pennsylvania Governor Announces Moratorium on Executions

On February 13 Governor Tom Wolf of Pennsylvania announced a moratorium on all executions in the state. He said no executions will take place at least until he has "received and reviewed the forthcoming report of the Pennsylvania Task Force and Advisory Commission on Capital Punishment, established under Senate Resolution 6 of 2011, and there is an opportunity to address all concerns satisfactorily." The legislature commissioned the report in 2011. In his statement, Governor Wolf said, "This moratorium is in no way an expression of sympathy for the guilty on death row, all of whom have been convicted of committing heinous crimes. This decision is based on a flawed system that has been proven to be an endless cycle of court proceedings as well as ineffective, unjust, and expensive. Since the reinstatement of the death penalty, 150 people have been exonerated from death row nationwide, including six men in Pennsylvania." Terrance Williams, whose execution was scheduled for March 4, has been granted a reprieve. Governor Wolf joins the governors of Oregon, Washington, and Colorado in placing a hold on executions because of concerns about the death penalty system. In addition, 18 states have abolished the death penalty.

COSTS: Pre-Trial Expenses Exceed $5 Million in Aurora Death Penatly Case

“Counties"(Click to enlarge)Trial preparations in the death penalty prosecution of James Holmes in Colorado have already cost the state about $5.5 million, and the trial and likely appeals will add significantly more. Holmes is accused of the mass shooting in a movie theater in Aurora. Most of the costs - $4.5 million - have come from the salaries of personnel working on the case, including the prosecutors, defense attorneys, the judge, investigators, and victims' advocates. Additional court security for hearings in the case has cost $463,000. Experts hired by the prosecution have been paid $220,000, and the defense team has likely spent a similar amount. Holmes has pleaded not guilty by reason of insanity. He offered to waive his right to a trial in exchange for receiving a sentence of life without parole. Colorado Governor John Hickenlooper called off a recently scheduled execution, describing the death penalty system as flawed and inequitable, essentially putting all executions on hold. (Image by Yahoo News, click image to enlarge.)

NEW VOICES: Bi-Partisan Bill Introduced to Abolish Washington's Death Penalty

Seattle's Mayor Ed Murray, all 9 members of the Seattle City Council, and City Attorney Pete Holmes signed a letter in support of a bi-partisan bill to abolish the death penalty in Washington. Tim Burgess (l.), the President of the City Council, is a former police officer and detective. The joint letter said: “There is no credible evidence showing that the death penalty deters homicide or makes our communities safer. Instead, pursuing capital punishment diverts precious resources from critical public safety programs, delays final resolution for victims’ families and has serious implications for racial and social equity.” Among the reasons given for abolition were the high cost of death penalty trials and the lengthy appeals required in death penalty cases. The nine inmates on Washington's death row have spent an average of 17 years awaiting execution. King County, where Seattle is located, has already spent $15 million on two capital trials currently underway and a third that has not yet begun, the letter said.

COSTS: Washington's Death Penalty Is Costing Taxpayers Millions

A Seattle University study examining the costs of the death penalty in Washington found that each death penalty case cost an average of $1 million more than a similar case where the death penalty was not sought ($3.07 million, versus $2.01 million). Defense costs were about three times as high in death penalty cases and prosecution costs were as much as four times higher than for non-death penalty cases. Criminal Justice Professor Peter Collins, the lead author of the study, said, “What this provides is evidence of the costs of death-penalty cases, empirical evidence. We went into it [the study] wanting to remain objective. This is purely about the economics; whether or not it’s worth the investment is up to the public, the voters of Washington and the people we elected.” (Although Washington's death penalty was reinstated in 1981, the study examined cases from 1997 onwards. Using only cases in the study, the gross bill to taxpayers for the death penalty will be about $120 million. Washington has carried out five executions since reinstatement, implying a cost of $24 million per execution. In three of those five cases, the inmate waived parts of his appeals, thus reducing costs.)

ARBITRARINESS: Getting a Death Sentence May Depend on the Budget of the County

Whether the death penalty will be sought in a murder may depend more on the budget of the county in which it is committed than on the severity of the crime, according to several prosecutors. A report by the Marshall Project found that the high costs of capital cases prevent some district attorneys from seeking the death penalty. “You have to be very responsible in selecting where you want to spend your money,” said Stephen Taylor, a prosecutor in Liberty County, Texas. “You never know how long a case is going to take.” One capital case can bankrupt a county: “I know now that if I file a capital murder case and don't seek the death penalty, the expense is much less,” said James Farren, the District Attorney of Randall County, Texas. “While I know that justice is not for sale, if I bankrupt the county, and we simply don't have any money, and the next day someone goes into a daycare and guns down five kids, what do I say? Sorry?” Prosecutors cited past cases in which counties had to drastically alter their budgets in order to pay for death penalty trials. In Jasper County, Texas, a county auditor said the budget shock of a death penalty case was as bad as a flood that destroyed roads and bridges. Seeking the death penalty in one case in Gray County, Texas, forced the county to raise taxes and suspend raises for employees. The defendant was sentenced to life without parole. When Mohave County, Arizona, prosecutor Greg McPhillips decided not to seek the death penalty in a case he thought was particularly heinous, he pointed to costs as the reason: “The County Attorney’s Office wants to do their part in helping the County meet its fiscal responsibilities in this time of economic crisis not only in our County but across the nation,” he said.

Pennsylvania Death Penalty Costs Estimated at $350 Million

In a series of articles analyzing Pennsylvania's death penalty, the Reading Eagle found that taxpayers have spent over $350 million on the death penalty over a period in which the state has carried out just three executions, all of inmates who dropped their appeals. Using data from a Maryland cost study, which concluded that death penalty cases cost $1.9 million more than similar cases in which the death penalty was not sought, the newspaper estimated that the cases of the 185 people on Pennsylvania's death row cost $351.5 million. The paper said the estimate was conservative because it did not include cases that were overturned, or cases where the prosecutor sought the death penalty but the jury returned another sentence. Pennsylvania legislators commissioned a cost study in 2011, but the report has not been issued. Senator Daylin Leach, one of the legislators who called for the state report, said he will reintroduce a bill to repeal the death penalty. Even supporters of the death penalty agreed that the costs are a problem: "Definitely, the death penalty extremely strains our resources," said Berks County District Attorney John Adams. Judge Thomas Parisi, also of Berks County, said he believed there was an astronomical cost difference between the average death penalty case and a life-sentence case.

COSTS: Capital Cases in Nevada Much More Expensive Than Non-Death Penalty

A recent study commissioned by the Nevada legislature found that the average death penalty case costs a half million dollars more than a case in which the death penalty is not sought. The Legislative Auditor estimated the cost of a murder trial in which the death penalty was sought cost $1.03 to $1.3 million, whereas cases without the death penalty cost $775,000. The auditor summarized the study's findings, saying, "Adjudicating death penalty cases takes more time and resources compared to murder cases where the death penalty sentence is not pursued as an option. These cases are more costly because there are procedural safeguards in place to ensure the sentence is just and free from error." The study noted that the extra costs of a death penalty trial were still incurred even in cases where a jury chose a lesser sentence, with those cases costing $1.2 million. See Chart below.

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