Arbitrariness

Pennsylvania Death Penalty Costs Estimated at $350 Million

In a series of articles analyzing Pennsylvania's death penalty, the Reading Eagle found that taxpayers have spent over $350 million on the death penalty over a period in which the state has carried out just three executions, all of inmates who dropped their appeals. Using data from a Maryland cost study, which concluded that death penalty cases cost $1.9 million more than similar cases in which the death penalty was not sought, the newspaper estimated that the cases of the 185 people on Pennsylvania's death row cost $351.5 million. The paper said the estimate was conservative because it did not include cases that were overturned, or cases where the prosecutor sought the death penalty but the jury returned another sentence. Pennsylvania legislators commissioned a cost study in 2011, but the report has not been issued. Senator Daylin Leach, one of the legislators who called for the state report, said he will reintroduce a bill to repeal the death penalty. Even supporters of the death penalty agreed that the costs are a problem: "Definitely, the death penalty extremely strains our resources," said Berks County District Attorney John Adams. Judge Thomas Parisi, also of Berks County, said he believed there was an astronomical cost difference between the average death penalty case and a life-sentence case.

Duval County, Florida, Leader in Death Sentences

“Counties"(Click to enlarge) According to a report by the Christian Science Monitor, Duval County, Florida, has the highest per capita rate for inmates on death row of any U.S. county. Duval has sentenced one person to death for every 14,000 residents. It is among the 2% of counties in the U.S. reponsible for a majority of all inmates on death row as of 2013, as described in DPIC's report, The 2% Death Penalty. Duval County ranked 8th, with 60 inmates on death row. Duval has handed down 14 death sentences in the last 5 years. As a s state, Florida had the second highest number of death sentences in 2013, behind only California. Florida's unusual sentencing procedures, which allow a simple majority of the jury to recommend a death sentence, may explain some of Duval's high sentencing numbers, but experts also point to cultural factors. Seth Kotch, a historian from the University of North Carolina, said, "We know that the best predictor of execution is previous execution, which suggests that a courthouse or a county can get into a habit of doing things, and those habitual behaviors are informed by cultural cues about crime and punishment.”

INNOCENCE: Former Death Row Inmate to be Exonerated in Ohio After 39 Years

Former death row inmate Ricky Jackson will be formally exonerated on November 21 in Ohio, after spending 39 years in prison. A judge in Cleveland will dismiss all charges against Jackson, with the prosecution in agreement. Jackson is one of three men convicted of the 1975 murder of Harold Franks. The other two defendants, Ronnie and Wiley Bridgeman, were also sentenced to death and have filed a petition for a new trial, but that petition has not yet been resolved. Jackson's death sentence was vacated earlier, and the Bridgeman brothers' sentences were overturned when Ohio's death penalty was found unconstitutional in 1978. The men were convicted on the testimony of a 12-year-old boy who later recanted his testimony, and who now has said he did not witness the crime at all. Several people confirmed the boy was on a school bus at the time of the crime. No other evidence linked the men to the murder. A gun and car seen at the crime scene were linked to a man who was arrested in 1978 for another murder, but he was never charged in Franks' murder. In dropping the charges against Jackson, Cuyahoga County Prosecutor Timothy McGinty said, "The state is conceding the obvious." Ricky Jackson will be the 148th person exonerated from death row in the U.S. since 1973, the fifth in 2014, and the seventh in Ohio since 1973.

EDITORIALS: Maryland Governor Should Commute Remaining Death Sentences

In a recent editorial, the Washington Post urged Maryland Governor Martin O'Malley to commute the sentences of the four men remaining on the state's death row, saying, "To carry out executions post-repeal would be both cruel, because the legislation underpinning the sentence has been scrapped, and unusual, because doing so would be historically unprecedented." Maryland is one of three states that have repealed the death penalty prospectively but still have inmates on death row. The others are Connecticut and New Mexico. O'Malley, who is leaving office in January, was a supporter of repeal. Maryland Attorney Douglas Gansler, who opposed repeal, recently said that carrying out an execution in Maryland is, "illegal and factually impossible." The editorial concluded, "In signing the abolition of capital punishment into law last year, [O'Malley] was unequivocal: 'It’s wasteful. It’s ineffective. It doesn’t work to reduce violent crime.' Having made the moral case for abolition so eloquently, he should have no trouble making the practical case for commutation to life without parole for the four remaining condemned men. And he should act without further delay." Read the editorial below.

STUDIES: Death Row Inmates Pay the Price for Lawyers' Mistakes

In Part Two of its investigation into the federal review of state death penalty cases, Death by Deadline, The Marshall Project found that in almost every case where lawyers missed crtiical filing deadlines for federal appeals, the only person sanctioned was the death row prisoner. Often the inmate's entire federal review was forfeited. The report highlighted the disparity between the 17 federal judicial districts where government-funded attorneys carefully monitor capital cases to ensure deadlines are met, and the other 77 districts, where appeals lawyers are appointed by judges and receive little oversight. In Florida, which produced 37 of the 80 missed deadline cases, appeals lawyers are selected from a state registry that includes lawyers who have previously missed deadlines in several capital cases. U.S. District Court judge Timothy Corrigan chastised one attorney who filed after the cutoff in three separate cases, saying, "I would be remiss if I did not share my deep concern that in these cases our federal system of justice fell short in the very situation where the stakes could not be higher.” U.S. Attorney General Eric Holder recently commented on the strict deadlines in capital cases, saying, “When you’re talking about the state taking someone’s life, there has to be a great deal of flexibility within the system to deal with things like deadlines. If you rely on process to deny what could be a substantive claim, I worry about where that will lead us.”

STUDIES: Lawyers for Death Row Inmates Missed Critical Filing Deadlines in 80 Cases

An investigation by The Marshall Project showed that since Congress put strict time restrictions on federal appeals in 1996, lawyers for death row inmates missed the deadline at least 80 times, including 16 in which the prisoners have since been executed. The most recent of such cases occurred on Nov. 13, when Chadwick Banks was put to death in Florida with no review in federal court. This final part of a death penalty appeal, also called habeas corpus, has been a lifesaver for inmates whose cases were marked with mistakes ignored by state courts. The Project's report, Death by Deadline, noted, "Some of the lawyers' mistakes can be traced to their misunderstandings of federal habeas law and the notoriously complex procedures that have grown up around it. Just as often, though, the errors have exposed the lack of care and resources that have long plagued the patchwork system by which indigent death-row prisoners are provided with legal help." One Alabama lawyer who missed the deadline was addicted to methamphetamine and was on probation for public intoxication. An attorney in Texas who filed too late had been reprimanded for misconduct, while another Texas lawyer had been put on probation twice by the state bar. Two weeks after being appointed in the death penalty case, he was put on probation again.

COSTS: Washington State Is Spending Tens of Millions on Death Penalty

Three capital cases in one county have already cost Washington almost $10 million, and have barely begun. For the trial of Christopher Monfort, King County has already spent over $4 million, and it is still in the jury selection phase. Two other capital cases in the county have cost a combined $4.9 million, and the trials have not started. The capital case of serial killer Gary Ridgway, which is believed to be the most expensive case in Washington's history, cost about $12 million and resulted in a sentence of life without parole. In February, Governor Jay Inslee instituted a moratorium on executions in Washington, highlighting both the costs and the arbitrariness of the death penalty, noting, "Equal justice under the law is the state's primary responsibility. And in death penalty cases, I'm not convinced equal justice is being served. The use of the death penalty in this state is unequally applied, sometimes dependent on the budget of the county where the crime occurred." Defense attorney Mark Larrañaga said, "It is a complete waste of resources and time. We've had five executions in 40 years. Seventy-five to 80 percent of these cases are reversed."

NEW VOICES: Federal Judge Underscores the "Heavy Price" of the Death Penalty

In a recent interview, Judge Michael A. Ponsor, who presided over the first federal death penalty trial in Massachusetts in over 50 years, warned that the death penalty comes with a "heavy price" - the risk of executing innocent people: "A legal regime permitting capital punishment comes with a fairly heavy price....where there’s a death penalty innocent people will die. Sooner or later—we hope not too often—someone who didn’t commit the crime will be executed." In 2001, Judge Ponsor oversaw the capital trial of Kristen Gilbert, a nurse who was charged with killing some of her patients. Gilbert was ultimately found guilty and sentenced to life without parole. The judge said the trial made him question the whole process of death sentencing: "The most profound realization I took from Gilbert was that human beings getting together to decide whether someone should be executed, even when they are supervised by a judge, will make mistakes."

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