Costs

NEW VOICES: Washington State Law Enforcement Officials Express Doubts About Death Penalty

Walla Walla County (Washington) Sheriff Mike Humphreys said the death penalty does not deter homicides, and it may be time for the public to reconsider the law: "At the time, (perpetrators do not) think about [the death penalty]. They don't believe they're going to get caught. And if they do get caught, there are a lot of court proceedings making it likely (execution is) not going to happen. . . . It's costing us this much money. Let the people make that decision," he said. Humphreys agreed with a recent (Death Penalty Information Center) survey of police chiefs who rated reducing drug abuse as a better way of reducing crime. "If we're going to reduce the drug abuse, we're going to reduce all crimes. From theft to murder," he said.  Police Chief Chuck Fulton agreed with Humphreys that the death penalty is not a deterrent and would prefer to see the practice abolished through legislation. Fulton said the death penalty creates more victims and the system results in a "'carnival atmosphere' that adversely affects penitentiary workers, law enforcement officers responsible for maintaining security, and every one else involved." He said he understands the anger toward those who commit murder but doubts that the death penalty is the answer for society.

DPIC's Report on Costs and Police Views Subject of Bob Edwards Interview

The Bob Edwards on Sirius XM Radio recently explored the high costs of the death penalty and the views of the country's police chiefs as discussed in DPIC's latest report, "Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis."  Edwards is the former host of National Public Radio's "Morning Edition."  He interviewed DPIC's Executive Director Richard Dieter on October 20.  An excerpt of the conversation focusing on the national poll of police chiefs and their opinions about the failure of the death penalty as a crime fighting tool is available here.
(The full interview is available from the Bob Edwards Show, Oct. 20, 2009).  See Costs and Multimedia.

NEW VOICES: Former Kentucky Officials Rethinking the Wisdom of High Death Penalty Expenditures

The former director of Kentucky's courts recently recommended that the state stop wasting money on the death penalty and direct those resources where they are needed more.  "We've got a system in Kentucky where there's not enough money for public advocates, for prosecutors, for drug courts, family courts, for juvenile services, for rehabilitation programs, and we're using the money we have in a way I think is unwise," said Jason Nemes, former director of the state Administrative Office of the Courts. "Every dollar that goes to our ineffective capital punishment system is a dollar taken away from other needs. . . The benefit to public safety is low. Are we really protecting the public?" he asked.

In over 30 years, Kentucky has carried out three executions. The state spends about $8 million a year prosecuting, defending and incarcerating death row inmates, according to an estimate by the state Department of Public Advocacy. Critics of the death penalty question whether this ineffective system is one the state can afford, especially as state-ordered budget cuts are already affecting many aspects of its judicial branch. Former Kentucky Supreme Court Chief Justice Joseph Lambert agreed that death-penalty cases often become "legal monsters," and that "it's impossible to streamline death-penalty litigation to justify the cost, because doing so would dramatically increase the risk of wrongful executions."

The Death Penalty in the State of Washington

The Walla-Walla Union Bulletin is focusing on the state's death penalty in a 4-part series entitled, "Executing Justice." The series examines issues such as the costs of the death penalty, arbitrariness, and the appeals process. Washington currently has eight men on death row, and has not had an execution since 2001. In almost 30 years, there has been only one non-consensual execution.  Four defendants have been executed since the death penalty was reinstated in 1981, but three of the four defendants waived their appeals.  The paper cites a Washington State Bar Association report noting that of the 270 convictions for aggravated murder since 1981, the death penalty was sought 79 times, resulting in 30 death sentences. The majority of those cases were overturned on appeal, and most of those reversals resulted in life without parole sentences.  The Bar Association estimates that a death penalty case costs $754,000 more than other murder cases, not including the $100,000 associated with preparing for an execution.

EDITORIALS: "Death penalty just too costly"

A recent opinion piece by the Editorial Director of the Clarion-Ledger in Mississippi points to the high costs of the death penalty as a way in which arbitrariness enters into the application of capital punishment: “When is a crime a crime deserving of death?," David Hampton asks.  "When the county can afford it, of course.” The paper supports the death penalty but the Editorial Director offered the example of Hinds County District Attorney Robert Shuler Smith, who said his county cannot afford to prosecute death penalty cases. The author noted, “It's a matter of how much ‘justice‘ the county can afford. But if one county can ‘afford‘ to send someone to death row and another can't, isn't that another example of how inequitable the death penalty can be?“ Hampton also cited geographical location as contributing to the death penalty’s arbitrary nature. “Ironically, it is very difficult to get a death penalty jury sentence in Hinds County anyway. Prosecutors have avoided seeking death for that reason. Yet, another jury in a different county with a different racial or gender makeup might not hesitate." The author concludes: "The death penalty costs too much, literally and in many, many other ways."  Read full text below.

Georgia Supreme Court to Consider Effects of Delayed and Unfunded Representation in Death Penalty Case

On November 10, the Georgia Supreme Court will hear arguments from attorneys for a capital defendant, Jamie Weis, and from the state concerning a three-and-a-half year delay in bringing his case to trial.  For two years of that delay, the Weis defense team had no funding, and for 14 months he was completely without representation.  During this entire time, the state was staffed and funded to prepare its prosecution of Weis.  The Court will decide whether Weis's constitutional right to a speedy trial was violated and whether that requires a dismissal of charges, or at least prevents the state from seeking the death penalty.  Weis was arrested and charged with murder in 2006.  He was assigned two attorneys, but because of a crisis in the state's indigent defense system, they were forced to resign and were not reassigned with pay until close to the trial date.  Weis suffers from psychosis, depression and anxiety, and has been detained in a county jail.  He has attempted suicide three times while awaiting trial.

NEW VOICES: The High Cost of the Death Penalty in Mississippi

The costs of the death penalty have been a burden on various counties in Mississippi for many years.  Quitman County was forced to raise taxes for three years and borrowed $150,000 to provide legal counsel to Robert Simon and Anthony Carr, who were sentenced to death for murders committed in 1990.  A death-penalty case "is almost like lightning striking," county administrator Butch Scipper told The Wall Street Journal in 2002. "It is catastrophic to a small rural county."  Simon and Carr remain on the state's death row. 

In 1995, Jasper County spent three times more on one death penalty trial than it did on its public library system.  When more money was needed for capital prosecutions, the administration's solution was to raise property and car taxes in the county.  For all of this cost, the state has had ten executions in 30 years, and some in law enforcement believe there would have been better ways of spending taxpayers' money. Jackson Police Chief Rebecca Coleman said she is "not sure that the average criminal would consider the death penalty before they commit a crime." Coleman said the death penalty has an adverse economic impact and that funds spent on the death penalty in Mississippi could be better spent elsewhere. "I would look at more proactive means to serve as a deterrent to crime, as opposed to looking at it (reactively)" she said. Coleman would spend the funds in the juvenile justice system, breaking the back of the cradle-to-prison pipeline. "(I would put) programs in place to educate our kids to know the benefits of good behavior as opposed to behavior ... that ultimately would have them end up on death row," she said.

EDITORIALS: The Price of Death

A recent editorial in America Magazine entitled The Price of Death reviewed the growing problems with the death penalty and stated, "It is time for the nation to conclude once and for all that in our civilized society there is no place for capital punishment."  The national Catholic weekly cited the recently botched execution in Ohio, racial disparities, and the possibility of executing the innocent as reasons why public support for capital punishment has declined.  The  editorial also pointed to the high costs of the death penalty as a reason for acting now: "During the current recession, revenue-starved states are looking closely at the cost of capital punishment. According to the nonprofit Death Penalty Information Center in Washington, D.C., death penalty cases typically require huge expenditures, partly because of re-trials to correct prior errors. California’s Commission on the Fair Administration of Justice, for example, has estimated that the state is spending $138 million a year on the death penalty. . . .Lawmakers, forced by the budget crisis to make cuts in basic services like schools, law enforcement, health care and libraries, must rethink such outlays for capital punishment."

DPIC Releases New Report on Costs of the Death Penalty and Police Chiefs' Views

The Death Penalty Information Center has released its latest report, "Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis." The report combines an analysis of the costs of the death penalty with a newly released national poll of police chiefs who put capital punishment at the bottom of their law enforcement priorities.

Click here to read the report.
Click here to read DPIC's press release.
Click here for the Executive Summary of the report.

EDITORIALS: "High Cost of Death Row"

In an editorial on September 28 in the New York Times, the paper called the death penalty "an economic drain on governments with already badly depleted budgets."  Citing figures from the Death Penalty Information Center, the Times noted that "States waste millions of dollars on winning death penalty verdicts, which require an expensive second trial, new witnesses and long jury selections. Death rows require extra security and maintenance costs." The editors remarked that some states have begun reconsidering whether the death penalty is worth its exorbitant costs, especially since the money spent could be used instead on “police officers, courts, public defenders, legal service agencies and prison cells.” The editorial was discussed on Daily Kos. The entire editorial can be read below:

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