Costs

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:

OPINION: San Francisco Chronicle Addresses "The High Cost of Vengeance"

John Diaz, the editorial page editor of the San Francisco Chronicle, recently questioned the wisdom of spending hundreds of millions of dollars on the death penalty in California. Diaz pointed to the enormous expense of maintaining capital punishment in the state: "Today, California has nearly 700 inmates on death row, more than any other state, with their cases in varying levels of appeal. The housing of an inmate on death row is more than triple the $40,000 annual cost of incarcerating others. This state is contemplating a new, $400 million death row. And none of this includes the legal bills for the trials and appeals that are - by constitutional right - more exhaustive in capital cases."  He called for an open debate, “At some point, California needs to have a forthright debate about the cost and efficacy of the death penalty. That moment,” he wrote alluding to upcoming elections, “maybe coming in 2010.” He noted that executions are too rare in California to be a plausible deterrent.  The percentage of Californians who believe the death penalty is a deterrent has dropped from 79% to 44% in the last twenty years.

COSTS: Georgia Death Penalty Case Still Waiting for Trial After Four Years Due to Lack of Funding

Georgia is seeking the death penalty for Khan Dinh Phan, a Vietnamese immigrant charged with murder, but after four years the case has not come to trial because the state has failed to adequately fund the defense.  Phan's defense attorneys are asking the Georgia Supreme Court to dismiss the death penalty part of the prosecution.  "You don't have to have the death penalty in Georgia, but if you have it, the Constitution requires you must provide the defense the basic tools to prepare," said Chris Adams, one of Phan's attorneys. "Georgia has failed to provide Mr. Phan basic resources for several years, and there is no end in sight."  The prosecutor in the case, Gwinnett District Attorney Danny Porter, agreed that the state is obligated to provide the necessary funds for the defense, "The state voluntarily took on this obligation of the public defender system. It's up to them to adequately fund it."  A typical defense in a capital case in Georgia costs about $150,000 to $200,000.  Phan's attorneys are seeking funds for overseas travel and interpreters so that they can interview his relatives and witnesses in Vietnam.

REALITY CHECK: Death Penalty in Pennsylvania Most Often Results in Life Sentences

In Pennsylvania, the state goes through the expensive and time-consuming process of trying many death penalty cases and fighting appeals, but almost all cases end with a life sentence.  According to a recent Associated Press study of what happens in capital cases in the state, 124 death sentences have been overturned and resentenced.  When these cases went through the justice system a second time with the original errors corrected, 95% (118) resulted in life sentences or less.  Only 6 inmates were resentenced to death.  Pennsylvania has the fourth largest death row in the country, but the only people who have been executed were three inmates who waived their appeals.  The last execution in a fully contested case was 47 years ago. Twenty-one inmates on death row have died of natural causes or suicide since 1983.  Six inmates have been exonerated when their convictions were reversed and they were freed following acquittals or dismissal of all charges.

Decision to Seek the Death Penalty in One Case Costs Georgia More Than $3 Million

There never was any question that Brian Nichols was guilty of the courthouse shooting of a judge and three other victims in 2005.  He had offered to plead guilty if the death penalty was not pursued, but the state insisted on a full death penalty trial that ended up being the most expensive capital case in Georgia's history.  In 2008, the case concluded with Nichols being sentenced to life without parole.  Recently, the defense costs were revealed to be more than $3 million, with the state paying $2.3 million, and Fulton County paying about $625,000.  The costs of the prosecution and other trial-related expenses have not been revealed, though state officials estimated it cost an additional $300,000 for state-supplied staff and other expenses.

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