Nevada

Nevada

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

COSTS: Nevada Senate Approves Bill to Study Death Penalty Costs

On May 28, the Nevada Senate passed a bill authorizing an audit of the cost of the state's death penalty.  By a vote of 11-10, the Senate called for the legislative auditor to compare the costs of prosecution and appeals in capital cases to non-death penalty cases, examining the cost of defense lawyers, juries, psychiatric evaluations, appellate and post-conviction proceedings. The auditor would also examine the cost of an execution, including the costs of facilities and staff. The report would be due Jan. 31, 2013. Nevada has not had an execution since April 2006, and has 77 inmates on death row. The bill originally called for a moratorium on executions, but prison officials said they did not presently have the drugs to carry out an execution anyhow.  The bill now goes back to the Assembly.

Growing Death Penalty Caseload for One Nevada County Causing Cost Concerns

Clark County, Nevada, has more pending death penalty cases per capita than any other urban county in the country. According to a review by Nevada Attorneys for Criminal Justice (NACJ), Clark County (Las Vegas) currently has 80 trials in which prosecutors are seeking the death penalty.  By comparison, Maricopa County in Arizona has the most pending death cases (130), but it has twice the population of Clark County.  Los Angeles County, California, has 33 pending death penalty cases, with 5 times Clark's population. Recently, the cost of the death penalty has become a concern for state legislators. Assemblyman Tick Segerblom is promoting a legislative study on the costs of capital cases in Nevada. He said, "At this point it's a financial issue. David Roger is over budget, and yet he has 80 death penalty cases pending. Washoe County only has one. Why is he wasting our money pursuing the death penalty when there is no money and it's virtually impossible to actually put someone to death?" Other studies estimate that death penalty trials cost $1 million more than trials in which the prosecutors seek life without parole. "The cost of killing killers is killing us," said Paola Armeni, president of NACJ.

30 Years After Landmark Case, Exclusion of Black Jurors Continues to Plague Death Penalty

Thirty years after the U.S. Supreme Court's 1986 decision in Batson v. Kentucky prohibited the intentional exclusion of prospective jurors on the basis of race, discrimination in capital jury selection continues to plague the administration of the death penalty across the country. In articles for The Huffington Post and Slate, Angel S. Harris, assistant counsel at the NAACP Legal Defense and Educational Fund, and Robert Smith, a senior fellow at Harvard Law School's Charles Hamilton Houston Institute for Race and Justice, link the continuing exclusion of black jurors in death penalty cases to the legacy of lynching in America. "While Black men are no longer lynched before all-white crowds gathered on the courthouse lawn," as was one of Harris' relatives in Florida, "Black men are all-too-often condemned to death by all-white juries that are produced by prosecutors’ deliberate exclusion of people of color, particularly Black people, from jury service," she wrote. In his Slate article, Smith describes the persistence of race-based use of discretionary strikes by prosecutors in numerous jurisdictions, and notes that "[t]he mix of prosecutorial impropriety and the exclusion of black jurors has always been a potent combination for injecting racial bias into death penalty cases." He and Harris point to studies in Caddo Parish, Louisiana, and Houston County, Alabama showing systemically discriminatory use of discretionary strikes to remove black jurors from service in death penalty cases, recent cases in which the Nevada Supreme Court found racially discriminatory jury selection in Clark County, as well as race-based jury selection practices in such cities as Dallas and Philadelphia. These practices, Smith says, expose "the inextricable ties between race and the death penalty." The successful exclusion of jurors of color also produces less reliable verdicts, Harris says, pointing to studies showing that because, "compared to diverse juries, all-white juries spend less time deliberating, make more errors, rely on implicit biases and consider fewer alternative perspectives." The U.S. Supreme Court is currently considering Foster v. Chatman (defendant Timothy Foster is pictured), a Georgia death penalty case in which prosecutors struck all the black jurors after highlighting and marking their names on the jury list and ranking them against each other in case "it comes down to having to pick one of the black jurors." Prosecutors then argued to the all-white jury to sentence Foster to death to “deter other people out there in the projects.” 

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