News and Developments 2011: New York

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

ARBITRARINESS: One U.S. Attorney in Upstate New York Stands Out in Seeking Federal Death Penalty

The U.S. Attorney for Western New York has filed more potential federal death penalty cases than most of his colleagues across the country.  Since taking office in March 2010, William J. Hochul, Jr. has petitioned the Justice Department to seek the death penalty against 24 people, more than his counterparts in cities like Los Angeles, Chicago, Detroit, Miami or cities in Texas.  Only two other federal prosecutors, both from more populous districts than Western New York, have filed as many death cases with Attorney General Eric Holder in the past 2 years.  None of Hochul's cases has yet resulted in a capital trial, much less a death sentence, but they have cost taxpayers more than $661,000 just in the past year.  This expenditure is more than the combined amount spent by the area's four previous U.S. attorneys on death penalty-eligible cases over the previous 11 years.  Kevin McNally, who heads the Federal Death Penalty Resource Counsel Project said, "I seriously doubt whether any of [Hochul's] defendants will actually face the death penalty at trial."  The Department of Justice spends an estimated $86 million a year on federal death penalty cases.  Since the reinstatement of the federal death penalty in 1988, three defendants have been executed.  David Kaczynzki, a member of New Yorkers for Alternatives to the Death Penalty, said,  "I do not see how even the staunchest supporter of the death penalty could argue that these prosecutions are an efficient use of taxpayer money."

NEW RESOURCES: Five New States Added to State Information Pages

DPIC is pleased to announce the addition of five more states to our State Information Pages.  Information is now available for 25 states, including the latest entries:  Arizona, Colorado, Delaware, Massachusetts and New York.  These pages provide historical and current information on the death penalty for each state (regardless of whether it currently has the death penalty), including famous cases, past legislative actions, and links to key organizations.  For frequently-updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database. The remaining state  pages will be made available soon, especially as residents send information, pictures, and links to organizations.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

OP-ED: Mario Cuomo Calls Capital Punishment Corrosive to Society

In a recent op-ed in the New York Daily News, former New York Governor Mario Cuomo called the death penalty a "serious moral problem" that is "corrosive" to a democratic citizenry. He said many of the problems of the death penalty--ineffectiveness as a deterrent, unfairness, and the risk of executing the innocent--are inevitable: "These imperfections - as well as the horrible and irreversible injustice they can produce - are inevitable. In this country, a defendant is convicted on proof beyond a reasonable doubt - not proof that can be known with absolute certainty. There's no such thing as absolute certainty in our law." He advocated for alternative punishments for murder, particularly life in prison without the possibility of parole: "There is a punishment that is much better than the death penalty: one that juries will not be reluctant to impose; one that is so menacing to a potential killer, that it could actually deter; one that does not require us to be infallible so as to avoid taking an innocent life; and one that does not require us to stoop to the level of the killers." Cuomo mentioned the execution of Troy Davis as an example of the risks posed by the uncertainties in the system.  As governor, Cuomo repeatedly vetoed legislation to restore New York's death penalty. Read full op-ed below.

NEW RESOURCES: States Ranked by Executions Per Death Sentence

DPIC has updated its Executions Per Death Death Sentence page to reflect data through 2010.  This page lists states in order of the percentage of death sentences resulting in an execution since the death penalty was reinstated in 1976.  If every death sentence resulted in an execution, the state would be at 100%, or a rate of 1.00.  Using this ratio of executions per death sentence, the first five states are Virginia (.725), Texas (.498), Utah (.368), Missouri (.347), and Delaware (.311).  Of those states that have carried out at least one execution, the five states with the lowest rate of execution are Pennsylvania (.008), California (.015), Idaho (.025), Oregon (.028), and Tennessee (.035).  Four states with the death penalty during this time period had no executions: Kansas, New Hampshire, New Jersey, and New York.  The latter two have abandoned the death penalty.  Nationally, about 15% of death sentences have resulted in an execution (a rate of .150).  Another measure of state execution rates is executions per capita (population).  Under this standard, Oklahoma and Texas are the leading states.

DETERRENCE: "How New York Beat Crime"

A new study by Professor Franklin Zimring of the University of California, Berkeley, School of Law provides an in-depth analysis of the factors that influenced the dramatic twenty-year decline of street crime in New York City. According to the study, which was recently discussed in Scientific American, the rate of common crimes such as homicide, robbery and burglary dropped by more than 80 percent in New York City. By 2009, the homicide rate was lower than it was in 1961. Zimring suggests that one of the most influential factors in the reduction of crime rates was the improvement of policing around the city. Beginning in 1990, New York City added over 7,000 new uniformed officers. Along with adding new police to the streets, the city implemented several new strategies that were focused on high-crime settings. One of the tactics was deploying more police officers in crime "hotspots" that were determined by sophisticated data-mapping technology. Zimring concludes, "The steady, significant and cumulatively overwhelming crime decline in New York is proof that cities as we know them need not be incubators of robbery, rape and mayhem." The article also dispels some of the misconceptions about the drop in crime: Zimring states that it was not due to changes in the ethnic makeup of the city, to shifts in illicit drug use, or to an increased use of incarceration.

Expensive Federal Death Penalty Case Ends with Life Without Parole

On June 1, a unanimous jury in a federal death penalty prosecution in New York voted to impose a life sentence on Vincent Basciano, an organized-crime leader who had earlier been convicted of murder, racketeering, and conspiracy. The prosecutors’ lead witness against Basciano was Joseph Massino, a former crime boss who agreed to cooperate with the government in order to escape a death sentence for his own crimes. The federal government sought the death penalty for Basciano, who was already serving a sentence of life without parole, despite a request from the trial judge who asked the Department of Justice to reconsider seeking the death penalty because of its high costs and the likelihood that Basciano would spend the rest of his life in prison regardless of the outcome.  At the time of the judge's request, the case had already cost taxpayers $3 million, and the ultimate bill was estimated to be as high as $10 million. After a short deliberation, the jury opted for life without parole because they did not believe the prosecutors’ arguments that Basciano posed a future threat and because other crime figures convicted of worse crimes did not get the death penalty.

NEW VOICES: Law Enforcement Officials Say Death Penalty Does Not Make Them Safer

A recent article by Terrence P. Dwyer (pictured), retired New York State Police Investigator, and George F. Kain, a police commissioner in Ridgefield, Connecticut, dismissed the notion that the death penalty is needed to protect law enforcement officers. Dwyer and Kain wrote that a majority of police chiefs believe that the death penalty does not deter violent crime and rank the death penalty last in a list of effective tools for fighting crime. "In states like New York, which abolished its death penalty in 2004, or North Carolina, where there has been a de facto moratorium since 2006, the numbers indicate no statistical increase in police officer homicides after the death penalty was repealed or rendered moot through moratorium," the authors wrote.  They also encouraged lawmakers to weigh the substantial costs of the death penalty in their decision-making. They stated, "The Connecticut death penalty costs $4 million annually, according to a 2009 estimate by the General Assembly's non-partisan Office of Fiscal Analysis. While capital cases in Connecticut account for just .06 % of cases in the Public Defender's office, the cost to defend these cases was nearly $3.5 million, over 7 % of the office's entire budget."