Deterrence

Louisiana Justice Recused From “Angola 5” Death-Penalty Appeal After Radio Interview Commenting on the Case

Louisiana Supreme Court Justice Scott Crichton (pictured) will not participate in deciding the appeal of a prisoner sentenced to death in a controversial, high-profile prison killing, after Crichton publicly commented on the case during an appearance on a local radio program. On November 21, Crichton recused himself from the pending appeal of death-row prisoner David Brown, one day after Brown's lawyers sought his removal from the case because of Crichton's on-air comments about the "Angola 5" case and the judge's derrogatory references to capital appeals. Brown is one of the five men charged in the murder of prison guard, Capt. David Knapp at the Angola State Penitentiary in 1999. Crichton's "notice of self-recusal" provided no explanation for his decision. However, Brown's lawyers had argued in their recusal motion that, during an October 23 talk-radio appearance on the KEEL Morning Show with Robert and Erin, "[Crichton] and his interviewer agreed that inmates with life sentences 'have nothing to lose' and that murders by prisoners, like 'the Angola 5 in South Louisiana,' prove that the death penalty is a deterrent because inmates who have been executed cannot then harm prison guards." The lawyers also argued that Crichton had expressed personal opinions about the death penalty both on the October 23 program and in other recent radio interviews that violated the Code of Judicial Conduct and disqualified him participating in Brown's death-penalty appeal. In addition to his comments about the Angola 5 case, Justice Crichton—a former death-penalty prosecutor and judge in Caddo Parish, where the rate of death sentences per homicide was nearly 8 times greater between 2006 and 2015 than in the rest of Louisiana—disparaged death-penalty appeals, saying that it "boggles my mind" when an "inmate who has committed capital murder who is on death row is begging for his life. Think about the fact that the victim gets no due process." In 2014, a trial court had reversed Brown's death sentence after finding that Hugo Holland—another former Caddo Parish prosecutor who had been appointed as a special prosecutor to handle the case—had withheld evidence that a prisoner interviewed in connection with the murder had told prosecutors that two of the five men charged in the killing had admitted to him that only they had committed the murder. The Louisiana Supreme Court later reinstated Brown's death sentence, ruling that the suppression of this evidence was not "material" to the jury's sentence. Crichton had complained in previous appearances on the talk show about the appeal process in the death-penalty case of Nathaniel Code, against whom Crichton had obtained a death sentence in the 1980s: “He’s been on this crazy post-conviction relief status,” Crichton said. “He had 18 years of [post-conviction appeals] in the state system, which is absurd, obscene, and hideous.”

NEW PODCAST: DPIC Study Finds No Evidence that Death Penalty Deters Murder or Protects Police

A Death Penalty Information Center analysis of U.S. murder data from 1987 through 2015 has found no evidence that the death penalty deters murder or protects police. Instead, the evidence shows that murder rates, including murders of police officers, are consistently higher in death-penalty states than in states that have abolished the death penalty. And far from experiencing increases in murder rates or open season on law enforcement, the data show that states that have abolished the death penalty since 2000 have the lowest rates of police officers murdered in the line of duty and that killings of police account for a much smaller percentage of murders in those states. In a new Discussions With DPIC podcast, "Does Capital Punishment Deter Murder?," DPIC Fellow Seth Rose and Executive Director Robert Dunham explore the assertions long made by death-penalty proponents that capital punishment advances public safety by deterring murders and by protecting police officers. Dunham said the short answer—after analyzing twenty-nine years of annual murder data from FBI Uniform Crime Reports ("UCR") and FBI annual data on Law Enforcement Officers Killed & Assaulted, Officers Feloniously Killed ("LEOKA reports")—is no. "There's no evidence that the death penalty deters murder and there's no evidence that it protects the police," Dunham says. "Murder rates may be affected by many things, but the death penalty doesn't appear to be one of them." DPIC divided the states into three categories to analyze murders and murder trends: states that have long had the death penalty ("death-penalty states"), states that have long abolished capital punishment ("non-death-penalty states"), and states that have abolished capital punishment since 2000 ("transitional states"). The data show that the death-penalty states had an overall UCR murder rate that was 1.39 times higher than the non-death penalty states and accounted for 12 of the 16 states with the highest murder rates. Police officers were murdered in death-penalty states at a rate that was 1.37 times higher than in non-death-penalty states, and accounted for 22 of the 25 states with the highest LEOKA rates of officers feloniously killed. Killings of police were lowest, however, in the transitional states that most recently abolished the death penalty. And while killings of officers accounted for 33 of every 10,000 murders in both death-penalty and non-death-penalty states, they were 1.6 times lower in transitional states. What the numbers show, Dunham says, is that "the death penalty doesn't drive murder rates; murder rates drive the death penalty." While the death penalty, he says, "makes no measurable contribution" to police safety, "the rate at which police officers are killed drives the political debate about the death penalty." 

Louisiana Legislature Considers Bipartisan Measure to Abolish Death Penalty

Three Louisiana legislators, all of them former law enforcement officials, have proposed legislation to abolish the state's death penalty. Sen. Dan Claitor (R-Baton Rouge, pictured), a former New Orleans prosecutor who chairs the Senate Judiciary Committee, is the primary author of Senate Bill 142, which would eliminate the death penalty for offenses committed on or after August 1, 2017. The bill's counterpart in the House of Representatives, House Bill 101, is sponsored by Rep. Terry Landry (D-Lafayette), a former state police superintendent, with support from Rep. Steven Pylant (R-Winnsboro), a former sheriff. Both bills would replace the death penalty with a sentence of life without parole. In urging repeal, Sen. Claitor said he was "well aware of the need to create an environment that is hostile to violent crime and criminals. Yet," he said, "the death penalty has failed as deterrence to such horrendous criminal activity. Moreover, the death penalty is rarely utilized in Louisiana, and, when it is, the costs of appeals in these cases are extraordinarily burdensome to our law-abiding taxpayers.” Landry, who led the Louisiana State Police portion of the investigation that led to the murder conviction and death sentencing of Derrick Todd Lee, also expressed concerns about the cost and public safety value of the death penalty. "I've evolved to where I am today," he said. "I think it may be a process that is past its time." Louisiana's last execution was in 2010, but the Department of Corrections estimates that housing death row inmates costs $1.52 million per year, and the Louisiana Public Defender Board spends about 28% of its annual budget on capital cases, totaling about $9.5 million last fiscal year. That cost has also contributed to Louisiana's chronic underfunding of public defender services for non-capital cases across the state. The Catholic Church's opposition to the death penalty is also a factor in the heavily Catholic state. Sen. Claitor said his Catholic faith brought about a change of heart on the issue, and Sen. Fred Mills (R-Parks), said a statement of support for repeal, expected to be released by the Louisiana Catholic bishops, "would weigh heavy on me and on the vast majority of my constituents."

Court Hearing Under Way on Constitutionality of Federal Death Penalty

A court hearing is under way in the capital trial of Donald Fell in a Vermont federal district court challenging the constitutionality of the federal death penalty. This week, death penalty experts testified for the defense about systemic problems Fell's lawyers say may render the federal death penalty unconstitutional. Fell was sentenced to death in 2006, but was granted a new trial because of juror misconduct. The hearing began on July 11 and is scheduled to continue until July 22. Judge Geoffrey W. Crawford, who is presiding over the hearing and is set to preside over Fell's second trial in 2017, said the hearing will, "create a rich, factual record for higher courts with broader authority to rule on the big questions." On Monday, Craig Haney, a psychology professor at the University of California Santa Cruz, discussed research on the effects of solitary confinement, the conditions under which Fell has been held on death row. "According to the National Commission on Correctional Health Care, anything greater than 15 days is inhumane, cruel and degrading treatment," Haney said. On Tuesday, Michael Radelet, a sociology professor at the University of Colorado, testified about the decline of the death penalty both in use and in public opinion, saying, "Attitudes toward the death penalty have changed more rapidly than any other social issue other than gay marriage." Radelet testified that research has disclosed no evidence that the death penalty deters murder or affects overall murder rates. He also emphasized the prevalence and causes of the 156 wrongful capital convictions as a major problem with capital punishment. “Last year six people were released, most having served 25 years. In 2014, seven were released from death row as innocent. One had been in for 30 years," he said. "The number one cause of error is prejudicial prosecutorial testimony. Prosecutorial misconduct, false confessions, fraudulent forensics.”

NEW VOICES: Retired Colorado Corrections Officer Raises Questions of Deterrence, Innocence

In a recent op-ed for The Denver Post, retired corrections officer and military veteran Pete Lister offered a critique of the death penalty, saying it fails as a deterrent, risks executing innocent people, and costs more than life without parole. "Capital punishment has not, in a single state, proven to be a deterrent to capital crime." Lister said. "Society consists of human beings who make mistakes. There are those who are, occasionally, negligent, and some who are even dishonest or unethical. We are faced with the troubling fact that if we, as a society, err in a capital case, the sentence is irreversible." Drawing on his experience as a corrections officer, Lister compared capital punishment to life without parole, saying, "involuntary incarceration is not the life of Riley that some would have you believe" and asking whether "life in prison without the hope of parole" may "actually [be] worse than a death sentence." Discussing the risk or error, he said, "When we, society, wrongfully convict someone, whether through malfeasance or neglect, or whether the technology extant at time of trial was insufficient to prove innocence, then we, society, have a responsibility to release him, to publicly acknowledge the error, and allow that citizen to move past the horror that we, society, have inflicted. How do we do that after we've put him to death?" Lister also noted that the cost of capital punishment, which he said "far exceeds the cost of incarcerati[on] even for life, ... is more than simply financial. It's been argued that voting for execution takes a terrible emotional toll on jury members." He concludes with a question: "Whether you believe the death penalty is justifiable, if you were the one being accused of a murder you had not committed, where would you stand on this issue?"

STUDIES: FBI Crime Report Shows Murder Rates Remain Higher in Death Penalty States

The U.S. Department of Justice released its annual FBI Uniform Crime Report for 2014, reporting no change in the national murder rate since 2013. In the Northeast, the region with the fewest executions, the murder rate declined 5.7%, from 3.5 to 3.3 per 100,000 population. The murder rate was 1.7 times higher in the South, which carries out the most executions of any region. That region saw a 3.4% increase in the homicide rate, and its 5.5 murders per 100,00 population remained the highest rate of any region. Murder rates in the West and Midwest declined by 3.8% and 5.4%, respectively. A DPIC analysis of weighted murder rates found that death penalty jurisdictions continue to have a higher murder rate than non-death penalty jurisdictions (including Washington, D.C.): 4.7 per 100,000 compared to 3.8 per 100,000. Ten of the eleven states with the highest murder rates have the death penalty, while six of the eight lowest do not.

Stanford Law Professor Debunks Myth That The Death Penalty Deters Murder

In an op-ed for Newsweek, Stanford Law Professor John Donohue argues that there is "not the slightest credible statistical evidence that capital punishment reduces the rate of homicide" and presents data to show that the death penalty is not an effective deterrent. Comparisons between neighboring jurisdictions show no effect of capital punishment: "Whether one compares the similar movements of homicide in Canada and the U.S., when only the latter restored the death penalty, or in American states that have abolished it versus those that retain it, or in Hong Kong and Singapore (the first abolishing the death penalty in the mid-1990s, and the second greatly increasing its usage at the same), there is no detectable effect of capital punishment on crime." He cites a 2012 study by the National Academy of Sciences, which, "concluded that there was no credible evidence that the death penalty deters homicides." He also appeals to the psychology of crime and punishment: "Since murderers typically expose themselves to far greater immediate risks, the likelihood is incredibly remote that some small chance of execution many years after committing a crime will influence the behavior of a sociopathic deviant who would otherwise be willing to kill if his only penalty were life imprisonment." Donohue argues that a more effective way of reducing murders "is to take the resources that would otherwise be wasted in operating a death penalty regime and use them on strategies that are known to reduce crime," such as improved policing. Donohue concludes, "With zero evidence that the death penalty provides any tangible benefits and very clear indications of its monetary, human and social costs, this is one program about which there can be little debate that its costs undeniably outweigh any possible benefits."

National Polls Show Historic Declines in Support for Death Penalty

“Counties"(Click image to enlarge) Polls released this week by Pew Research Center and CBS News show that public support for the death penalty has declined to near historic lows. Both polls reported that 56% of Americans support the death penalty. That is the lowest level of support ever recorded by the CBS News poll, and near the lowest level reported by Pew in the last 40 years. The Pew poll examined levels of support by political party and found that the decline in support for the death penalty is particularly striking among Democrats, with just 40% saying they support it now, compared to 71% who did in 1996. While 63% viewed the death penalty as a morally justified punishment for murder, most (71%), said there is some risk of executing innocent people, and 61% said they do not believe it deters serious crimes. Support for the death penalty is lowest among racial minorities (34% of blacks and 45% of Hispanics support it), women (49%), and Catholics (53%).  Large drops in support for the death penalty between 2011 and 2015 were reported among liberal Democrats (11 percentage points), women (10 points), those under age 30 (8 points), and conservative Republicans (7 points).

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