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.

Chief Samuels also expressed con­cern that the state refused to pass mea­sures to to help pre­vent wrong­ful con­vic­tions in death penal­ty cas­es because the reforms would be too cost­ly. Because of the risks and costs asso­ci­at­ed with cap­i­tal pun­ish­ment, he rec­om­mend­ed that the state turn to to alter­na­tive pun­ish­ments like life with­out parole: Let’s cut our loss­es and move on,” he wrote. The entire op-ed follows:

Readers Forum: Capital Punishment is a costly mistake
By Ray Samuels
Article Last Updated: 12/​19/​2008

THERE ARE three words you rarely hear from law enforce­ment: We were wrong. We do not like to admit it, but, despite our best efforts, we some­times get it wrong. A life­time in law enforce­ment has taught me that les­son and showed me that, when it comes to the death penal­ty, the risk of a mis­take is just too great. 

For 33 years, I have worked as a police offi­cer in the state of California. I have seen some tru­ly hor­rif­ic and shock­ing crimes; crimes for which the death penal­ty was designed. One grue­some exam­ple that comes imme­di­ate­ly to mind is the vicious stab­bing death of an infant in a crib to stop the child from cry­ing dur­ing a triple mur­der and rob­bery. In part because of crimes like this, I used to sup­port the death penal­ty, but my expe­ri­ence in law enforce­ment has showed me that California would be bet­ter off if we replaced the death penal­ty with permanent imprisonment.

I believe that mur­der­ers need to be held account­able. Permanent impris­on­ment can accom­plish this; it is a severe sen­tence and an appro­pri­ate pun­ish­ment for indi­vid­u­als who com­mit the most heinous crimes. More than 3,600 men and women have been giv­en this sen­tence in California. They will all die in prison. Unlike the death penal­ty, this sen­tence allows for the cor­rec­tion of mis­takes. Despite the best inten­tions of law enforce­ment, pros­e­cu­tors, defense attor­neys, judges and jurors, inno­cent peo­ple have been con­vict­ed and sen­tenced to death. The mar­gin for error with the death penal­ty is too great. Once imposed, it is a bell that can­not be unrung.

As Chief of Police of Newark, I have done every­thing in my pow­er to pre­vent wrong­ful con­vic­tions by imple­ment­ing the best prac­tices in my office. But like all police agen­cies, we are an orga­ni­za­tion of human beings, and like all things human, we are sus­cep­ti­ble to mis­takes. Even with the imple­men­ta­tion of all the nec­es­sary pre­cau­tions and strict super­vi­so­ry and man­age­ment over­sight, the poten­tial for error remains.

This year, sev­er­al pieces of leg­is­la­tion intend­ed to pre­vent wrong­ful con­vic­tions, pro­posed by the California Commission on the Fair Administration of Justice, failed to advance out of the Senate Appropriations Committee because they cost too much to imple­ment. These bills were not per­fect by any means, but they were an attempt to pre­vent mis­tak­en eye­wit­ness iden­ti­fi­ca­tion, the num­ber one cause of wrong­ful con­vic­tions, and false con­fes­sions, the sec­ond lead­ing cause. The fact that we don’t have the mon­ey to imple­ment reforms such as these should con­cern us all. Unfortunately, the sit­u­a­tion is only going to get worse.

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

It is shock­ing to think that we are con­tin­u­ing to retain a cost­ly and inef­fec­tive death penal­ty while refus­ing to fund mea­sures that would pre­vent wrong­ful con­vic­tions and pro­vide essen­tial com­mu­ni­ty ser­vices. If the mil­lions of dol­lars cur­rent­ly spent on the death penal­ty were spent on inves­ti­gat­ing unsolved homi­cides, mod­ern­iz­ing crime labs and expand­ing effec­tive vio­lence pre­ven­tion pro­grams, our com­mu­ni­ties would be much safer.

Holding onto the death penal­ty any longer would be a very cost­ly mis­take. Let’s cut our loss­es and move on.

Samuels began his career in 1975 as a police offi­cer for the city of Vallejo. He worked for the Concord Police Department and the Newark Police Department before serv­ing as Police Chief of Newark from 2003 to 2008.

(R. Samuels, Capital Punishment is a cost­ly mis­take,” Contra Costa Times, Dec. 19, 2008). See New Voices and Costs.

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