News and Developments: Costs

NEW VOICES: Police Chief Says Death Penalty Hurting Public Safety

Ray Samuels, a police officer for 33 years and Chief of Police in Newark, California, for 5 years, recently expressed concern that state budget cuts will prevent important crime-fighting measures from being passed, while an expensive death penalty continues to drain the state's finances.  In an op-ed in the Contra Costa Times, Samuels wrote:

Local jurisdictions are likely to lose a significant amount of state funding this year because of the severe financial crisis. This funding helps cities and counties provide essential services in the areas of public safety, emergency services, and health and children's services. Without it, our communities will no doubt suffer dire consequences. At the same time, we continue to waste hundreds of millions on the state's dysfunctional death penalty. If we replaced the death penalty with a sentence of permanent imprisonment, the state would save more than $125 million each year. We haven't had an execution in California for three years. Are we any less safe as a result? I don't think so.


California Lawmakers Oppose Funding $395 Million for New Death Row

Two California legislators from opposing political parties and with different points of view on the death penalty have proposed cutting funding for a new $395 million death row at San Quentin Prison.  “The Death Row expansion is a bottomless money pit,” said Republican state Senator Jeff DenhamDemocratic Assemblyman Jared Huffman added, “We should use this opportunity, with the state running out of cash, to step back and rethink this project.”  Calling the renovation project, “Cadillac Death Row,” Huffman pointed to a state auditor’s report that found the cost of the project had already increased by $40 million over earlier estimates and the 20-year operating cost would be $1.2 billion.  Huffman predicted that the new facility would run out of space by 2014, adding, “This project is hugely expensive and has a shelf life of three years.” 

Expensive Death Penalty Prosecution of Infamous Murderer Results in Life-Without-Parole Sentence in Georgia

Brian Nichols was sentenced to life in prison without parole in Georgia on December 13 after the jury could not reach a unanimous verdict of death.  Nichols had been found guilty of killing a judge, a court reporter, a police deputy, and a U.S. Customs agent during his escape from a courthouse hearing on other charges.  The jury remained deadlocked in a 9-3 vote after four days of deliberations. A unanimous vote is required for a death sentence, just as it is for a guilty verdict.  The jury did find the existence of 11 aggravating factors against Nichols.

Maryland Commission Recommends Abolition of Death Penalty

The Maryland Commission on Capital Punishment voted on November 12 to recommend the abolitiion of the death penalty in the state. In a 13-7 vote, the Commission cited the possibility that an innocent person could be mistakenly executed, as well as geographical and racial disparities in how it is used.

COSTS: Utah Supreme Court Says Death Sentences Will Be Reversed Unless Legislature Provides for Adequate Counsel

Utah’s Supreme Court recently expressed concern that the lack of qualified defense attorneys for indigent death row inmates could unravel capital sentences. In a unanimous decision in the case of death row inmate Michael Archuleta, Associate Chief Justice Michael Wilkins (pictured) said the court might be forced to reverse capital sentences because the low pay and the complexity of such cases have shrunk the pool of Utah attorneys who will accept them.

Jurors Find Difficulty with Prospect of Handing Down Death Sentences

Ohio’s Franklin County (Columbus) has been experiencing a steady decline in death penalty indictments and death sentences as jurors are increasingly choosing sentences of life in prison without parole and prosecutors are seeking fewer death sentences. In a recent capital case, the judge had a difficult time finding jurors who would likely follow state law and consider a death sentence.

NEW RESOURCES: Representation and Costs in Federal Death Penalty Cases

In June 2008, the Office of Defender Services of the Administrative Office of the U.S. Courts published a report analyzing the cost, quality and availability of defense representation in federal death penalty cases. The report determined that federal capital trials in which the death penalty was sought were substantially more expensive than non-death penalty federal trials; however, a death sentence was handed down in only one-quarter of the cases.

NEW VOICES: Former San Quentin Warden Says Death Penalty "Detracts crucial resources from programs that could truly make our communities safe"

The former warden of San Quentin prison in California, Jeanne Woodford, regrets having taken part in executions and has called for replacing the death penalty with life without the possibility of parole. In an op-ed in the Los Angeles Times, Woodford notes that after each execution, "someone on the staff would ask, 'Is the world safer because of what we did tonight?' We knew the answer: No." The full article can be found below.

NEW VOICES: Former U.S. Senator and N.J. Police Chief Testify at Maryland Commission

The final Maryland Commission on Capital Punishment hearing was held on September 23 and among those testifying were a former U.S. Senator, a New Jersey Police Chief, and a Chief of the Forensics Division of the Maryland Public Defenders Office. All spoke of how they were not philosophically opposed to the death penalty, but had serious misgivings about its application.

COSTS: Georgia County Finds the Costs of Death Penalty Case Adding Up

Georgia’s Hall County is encountering the high costs of seeking the death penalty as they prosecute their first capital case in nine years. The county expects the death penalty trial to cost at least four times as much as a regular murder trial. Capital trials are by far the most expensive criminal proceeding that takes place in local superior courts. Estimates put the cost for jurors and bailiffs alone at more than seven times the normal cost for a murder trial without seeking the death penalty, averaging at least $40,000 more for just jury and bailiff pay.