Life Without Parole

NEW VOICES: Former Ohio Attorney General Now Says Society Better Off Without Death Penalty

Jim Petro (pictured), former Attorney General of Ohio, strongly supported the death penalty as a state legislator, believed the state would save money because of the death penalty, and that it would act as a deterrent. But, he recently said, "Neither of those things have occurred, so I ask myself, 'Why would I vote for it again?'  I don't think I would. I don't think the law has done anything to benefit society and us. It's cheaper and, in my view, sometimes a mistake can be made, so perhaps we are better off with life without parole."  He added, "We are probably safer, better and smarter to not have a death penalty."  Many of Petro's concerns are in his book, False Justice: Eight Myths that Convict the Innocent, in which he underscores the risks of mistake and identifies flaws in how police and prosecutors have handled capital cases. He also noted that many prosecutors recognize these problems: "I would bet certainly well over half the prosecutors in the country looking at this book would ultimately agree with most of the issues," he said.

Delaware Death Row Inmate Granted Clemency, Citing Evidence of Severe Childhood Abuse

On January 17, Delaware Governor Jack Markell commuted the death sentence of Robert Gattis (pictured) to life without parole, citing the defendant's troubled childhood. Gattis was scheduled for execution on January 20. By a 4-1 vote, the Delaware Board of Pardons had recommended sparing Gattis’s life, citing evidence from Gattis’s childhood that indicated severe physical, emotional, and sexual abuse by family members. In granting clemency, Gov. Markell stated: "Even if one were to discount certain of the allegations of sexual abuse recently alleged by Mr. Gattis (as the Board did), the fact remains that Mr. Gattis’s family background is among the most troubling I have encountered… My decision is among the most difficult I have had to make in all my years in public service. But in light of the Board’s unprecedented decision and the reasons set forth above, I believe it is the correct one under the circumstances.”  As a condition of clemency, Gattis must agree not to challenge his conviction or sentence and to not request a further commutation.

PUBLIC OPINION: Gallup Poll Reports Lowest Support for Death Penalty in Nearly 40 Years

Recent polls conducted by Gallup and CNN indicate Americans' support for the death penalty is continuing to decline.  According to Gallup's 2011 poll, the percentage of Americans approving the death penalty as a punishment for murder dropped to its lowest level in 39 years.  Only 61% supported capital punishment in theory, down from 64% last year and from 80% support in 1994. This is the lowest level of support since 1972, when the U.S. Supreme Court ruling in Furman v. Georgia voided death penalty statutes across the country.  Opposition to the death penalty (35%) in this recent poll reached a 39-year high. The Gallup poll also showed an increase from last year in those who believe the death penalty is applied too often or unfairly.  Support for the death penalty dropped compared to last year among both Republicans and Democrats.  This year, among Democrats (or those leaning that way) more opposed the death penalty than supported it, a reverse from a year ago.  A recent CNN poll (conducted by ORC International) showed that when given a choice of sentences between life in prison without parole or the death penalty for the crime of murder, more Americans (50%) would opt for the life sentence than for death (48%). Seven years ago, the majority (56%) chose the death penalty over the life-without parole sentence. In CNN's recent poll, the number of Americans who believe that at least one person in the past five years has been executed for a crime that he or she did not commit increased to 72%.

PUBLIC OPINION: New Poll Shows California Voters Support Life Without Parole Over Death Penalty

The recent Field Poll conducted in California indicated that more voters now prefer life without the possibility of parole instead of the death penalty for convicted murderers. For the first time since the poll began asking the question over a decade ago, more voters (48%) say they would prefer that someone convicted of first-degree murder be sentenced to life without parole than the death penalty (40%). Eleven years ago, only 37% of respondents favored the life sentence and 44% preferred the death penalty, a 15 point change in the spread. Field Poll director Mark DiCamillo said that voters are far more skeptical of the death penalty now than they were twenty years ago: "There has been a change in attitude," he said. "Twenty-two years ago, the death penalty side argument prevailed by a large majority - now voters are divided in their opinions on many statements, including the cost of death versus life in prison, does a life sentence actually guarantee they will stay in prison, whether innocent people are executed, and their views of how it is administered to the ethnic population."  A recent study in California found that maintaining the death penalty costs taxpayers $184 million a year more than if the state's condemned killers were kept in prison for life.

CLEMENCY: Ohio Death Row Inmate Granted Clemency, Citing 'Brutally Abusive Upbringing'

On September 26, Ohio Governor John Kasich (pictured) granted clemency to Joseph Murphy, commuting his death sentence to life without parole, citing the defendant's horrific childhood. Murphy was scheduled for execution on October 18. The Ohio Parole Board had unanimously recommended sparing Murphy's life, citing evidence from Murphy's childhood that indicated he was beaten, starved and sexually abused.  The Parole Board also cited a 1992 Ohio Supreme Court decision in which late Justice Moyer said he knew of no other case in which a defendant "was as destined for disaster as was Joseph Murphy."  Governor Kasich issued the following statement regarding the clemency: "Joseph Murphy’s murder of Ruth Predmore was heinous and disturbing and he deserves—and continues to receive—severe punishment. Even though as a child and adolescent Murphy suffered uniquely severe and sustained verbal, physical and sexual abuse from those who should have loved him, it does not excuse his crime.... After examining this case in detail with counsel I agree with Chief Justice Moyer, the National Association of Mental Illness and the Parole Board’s unanimous 8-0 decision that considering Joseph Murphy’s brutally abusive upbringing and the relatively young age at which he committed this terrible crime, the death penalty is not appropriate in this case. Thus, I have commuted his sentence to life in prison with no chance for parole."

NEW VOICES: Author of California Death Penalty Says "It is time to undo it"

In an op-ed for the Los Angeles Daily News, Don Heller (pictured), a Republican, former prosecutor, and the author of the 1978 ballot initiative that reinstated California's death penalty, voiced his support for replacing the death penalty with life without parole. "It makes no sense to prop up such a failed system," he wrote.  He urged California voters to support a new ballot initiative that would abolish the state's death penalty, citing the system's "staggering" costs and the risk of executing the innocent. In discussing the failures of the initiative he authored over 30 years ago, he said, "I never contemplated the staggering cost of implementing the death penalty: more than $4 billion to date and approximately $185 million projected per year in ongoing costs." He said he also did not think about the chance that an innocent person could be executed: "I am convinced that at least one innocent person may have been executed under the current death penalty law. It was not my intent nor do I believe that of the voters who overwhelmingly enacted the death penalty law in 1978. We did not consider that horrific possibility." Heller emphasized that he is not "soft on crime," but that "life without parole protects public safety better than a death sentence." Additionally, he said the money spent on the death penalty could be better used elsewhere, as California cuts funding for police officers and prosecutors. "Paradoxically, the cost of capital punishment takes away funds that could be used to enhance public safety." Read full op-ed below.

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