Costs

NEW VOICES: Retired Colorado Corrections Officer Raises Questions of Deterrence, Innocence

In a recent op-ed for The Denver Post, retired corrections officer and military veteran Pete Lister offered a critique of the death penalty, saying it fails as a deterrent, risks executing innocent people, and costs more than life without parole. "Capital punishment has not, in a single state, proven to be a deterrent to capital crime." Lister said. "Society consists of human beings who make mistakes. There are those who are, occasionally, negligent, and some who are even dishonest or unethical. We are faced with the troubling fact that if we, as a society, err in a capital case, the sentence is irreversible." Drawing on his experience as a corrections officer, Lister compared capital punishment to life without parole, saying, "involuntary incarceration is not the life of Riley that some would have you believe" and asking whether "life in prison without the hope of parole" may "actually [be] worse than a death sentence." Discussing the risk or error, he said, "When we, society, wrongfully convict someone, whether through malfeasance or neglect, or whether the technology extant at time of trial was insufficient to prove innocence, then we, society, have a responsibility to release him, to publicly acknowledge the error, and allow that citizen to move past the horror that we, society, have inflicted. How do we do that after we've put him to death?" Lister also noted that the cost of capital punishment, which he said "far exceeds the cost of incarcerati[on] even for life, ... is more than simply financial. It's been argued that voting for execution takes a terrible emotional toll on jury members." He concludes with a question: "Whether you believe the death penalty is justifiable, if you were the one being accused of a murder you had not committed, where would you stand on this issue?"

Prosecutor Says Change Needed if Wyoming Wants to Keep the Death Penalty

Natrona County, Wyoming District Attorney Mike Blonigen (pictured) recently called for a reconsideration of the state's death penalty after a federal judge overturned the death sentence of Dale Wayne Eaton, a decade after Blonigen obtained it in 2004. At the time U.S. District Judge Alan B. Johnson reversed Eaton's sentence in 2014, Eaton was the only person on Wyoming's death row. Judge Johnson ruled that Eaton had received ineffective representation, in part because of inadequate funding of the Wyoming Public Defender's Office. Wyoming Gov. Matt Mead requested that the state legislature appropriate $1 million over the next two years to pay for Eaton's defense and another $25,000 to study whether the state is adequately funding prosecutors and public defenders. However, Johnson subsequently barred Wyoming from conducting a new death penalty hearing when the state failed to timely appoint new lawyers for Eaton who were not affiliated with the public defender's office. Blonigen said the state legislature needs to take a serious look at the issue of capital punishment: "You've got to have the resources and have the commitment to it to carry through with it," he said. "I think the Legislature has to decide do we really want this or not. If we really want it, then we have to change some things." Wyoming has not carried out an execution since 1992, and has not sentenced anyone to death since Eaton was sentenced in 2004.

NEW VOICES: Why Prosecutors in Texas, Pennsylvania Are Seeking Death Penalty Less Often

Prosecutors across the country are seeking the death penalty less frequently and in recent interviews two district attorneys, one from Texas and one from Pennsylvania, have given some of their reasons why. Randall County, Texas District Attorney James Farren (pictured) told KFDA-TV in Amarillo that his experience handling one particularly lengthy and costly capital case has changed how he will make decisions in future cases that are eligible for the death penalty. He said that his office has spent, "conservatively...at least $400,000" on the prosecution of Brittany Holberg, who has been on death row since 1998. Farren said the costs are too high for taxpayers and "I do not want to subject them to this kind of thing any longer." While he said he still supports the death penalty, Farren predicted that, in the near future, the U.S. Supreme Court "likely will decide society has evolved to the point that it’s no longer appropriate." In an interview with the Reading EagleJohn T. Adams, District Attorney of Berks County, Pennsylvania, says that he rarely seeks the death penalty and is "just as happy with a life sentence as I am a death sentence." If defendantants are sentenced to life without parole, Adams says, "[t]hey will not be a threat to our community ever again. And frankly, community safety is the utmost of my concerns." Adams adds, "I think you will find throughout Pennsylvania that we are seeking [the death penalty] less and less, and I think that's good."

NEW VOICES: South Dakota Republican Legislator to Propose Death Penalty Repeal Bill

South Dakota state Senator Arthur Rusch (R-Vermillion, pictured), a former trial court judge who presided over a capital trial in which a defendant was sentenced to death, said he will be introducing legislation next year to repeal the state's death penalty. Rusch said he supports repeal because of the emotional toll of capital trials on juriors and because of the financial impact of capital punishment. As a former Lincoln County circuit court judge, Rusch presided over the 1997 trial of Donald Moeller, and saw firsthand the anguish jurors experienced when they sentenced Moeller to death. Because of that experience, he said, "I think I'm more knowledgeable about the emotional toll. It's really hard on people having to make that decision." On the issue of cost, he said, "I know there’s this reaction that keeping people in jail for many, many years is expensive, but it’s nowhere near as expensive as the court costs." Death penalty abolition bills have previously failed in committee in South Dakota, but Senator Bernie Hunhoff (D-Yankton) said that the support of Republicans like Rusch could change that and allow the state to follow in the footsteps of neighboring Nebraska. "You can see that gradual transformation in Nebraska, and you’re seeing that very same thing here," said Sen. Hunhoff, who has sponsored past repeal bills in South Dakota. South Dakota has three people on death row, and has executed three people since 1976.

U.S. on Track for Fewest Executions, New Death Sentences in a Generation

Both executions and new death sentences in the United States are on pace for significant declines to their lowest levels in a generation, Reuters reports. With 25 executions conducted so far this year, and only two more scheduled, the United States could have its lowest number of executions since 1991, significantly below the peak of 98 executions in 1999. Only 8 states have carried out executions in the last two years, down from a high of 20, also in 1999. New death sentences, which peaked at 315 in 1996, declined to 73 last year, and that number is expected to drop even further this year. The slowdowns in executions and new death sentences are just two of several indicators that the U.S. is moving away from capital punishment. Reuters reports that these changes come from a combination of factors, including the high cost of death penalty cases, the recent problems surrounding lethal injection, and improved capital representation in high-use states. Texas and Virginia, two of the death penalty states that historically have been the most aggressive in carrying out executions, stand out as examples of the punishment's declining use. Both states have implemented major reforms in indigent defense in recent years, producing dramatic changes in the death penalty landscape. In Texas, which had 48 death sentences in 1999, juries have handed down only three death sentences so far this year. Virginia, which has executed the highest percentage of death row inmates of any state, is on track to have no death sentences for the fourth consecutive year.

Mentally Ill James Holmes Sentenced to Life in Prison in Aurora, CO Theater Shooting

On August 7, a jury in Aurora, Colorado, sentenced James Holmes to life in prison without the possibility of parole for the 2012 movie theater shooting that killed 12 people and injured dozens more. The jury said they could not reach a unanimous decision on Holmes' sentence, an outcome that results in a sentence of life without parole. After the trial, one juror said that the prosecution had not persuaded three of the jurors to impose a death sentence. The deliberations, she said, were very emotional, and at the time jurors agreed to stop deliberating, one juror was firmly committed to a life sentence, with two other holdouts still undecided. She said, "The issue of mental illness was everything for the one who did not want to impose the death penalty." [UPDATE: One of the jurors who voted for a life sentence says there was not a single holdout juror for life. Three voted for life, and the jury did not inquire further into the views of the other two after the indicated that her vote was firm.] Holmes had also offered to plead guilty in exchange for a sentence of life without parole, which would have removed the need for the six-month trial that cost Colorado taxpayers more than $5 million. After that plea offer was rejected, Holmes pleaded not guity by reason of insanity. All of the mental health experts agreed that Holmes would not have committed the killing but for his mental illness, but disagreed on whether he could appreciate the criminality of his conduct. The jury rejected the insanity defense and convicted him of all charges. Holmes' sentence highlights both the rarity of death sentences in Colorado and racial and geographic inequities in its imposition.

After Prior Jury's Life Verdict, Washington Prosecutors Drop Death Penalty in "One of the Worst Crimes We've Ever Had"

King County (Washington) Prosecutor Dan Satterberg (pictured) announced that his office will no longer seek the death penalty against Michele Anderson after a jury returned a life sentence for her co-defendant, Joseph McEnroe. McEnroe and Anderson were charged with killing six members of Anderson's family in 2007 in what Satterberg called "one of the worse crimes we've ever had in King County." Satterberg explained his decision in a news conference on July 29, saying, "To proceed with the death penalty against defendant Anderson, in light of the sentence imposed [on] defendant McEnroe, would not be in the interest of justice." Pam Mantle, the mother of one of the victims, said she was relieved by the decision. “It’s been devastating for all of our friends and family,” said Mantle. “We’re all just worn out from the whole thing. It’s almost eight years.“ Less than one week ago, on July 23, after a highly publicized six-month trial, a King County jury sentenced a mentally ill defendant, Christopher Monfort, to a life sentence in the killing of a Seattle police officer. Anderson has spent time in a state mental institution during her pretrial incarceration, portending extensive presentation of mental health evidence if the death penalty was pursued in her case. Seeking the death penalty against Anderson, McEnroe, and Monfort has cost King County taxpayers more than $15 million in defense costs alone. A recent Seattle University study found that cases where the death penalty is sought cost an additional $1 million, on average, compared to non-death penalty cases.

Citing High Cost of Death Penalty Appeals, California Prosecutor Agrees to Reduce Prisoner's Sentence to Life Without Parole

Citing the high cost of death penalty appeals and difficulty obtaining custody of an out-of-state prisoner, the Kern County, California District Attorney's office has agreed to reduce the 1989 death sentence imposed upon Clarence Ray (pictured) to a sentence of life without parole. Ray's lawyers had filed a petition challenging the constitutionality of his California conviction and death sentence. The parties reached agreement that Ray's death sentence would be reversed in exchange for his giving up the remainder of his appeals. Prosecutors said that fighting the petition for a reduced sentence would have cost the District Attorney's office more than $100,000. They also indicated that they faced substantial obstacles in obtaining custody of Ray. Ray had confessed to the California murder while in prison in Michigan, where he is serving a life sentence for a separate crime. California prosecutors said that because Ray first had to serve that sentence, he would not be turned over to California authorities until he died. They said that officials in Michigan - which has not had the death penalty since 1847 - had intimated that Michigan would not release custody of inmates to states in which they face execution. A California Superior Court judge last week approved the deal and resentenced Ray to life without possibility of parole. 

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