
DPI Report: The 2% Death Penalty
How a Minority of Counties Produce Most Death Cases at Enormous Costs to All

DPI Report: Smart on Crime
Reconsidering the Death Penalty in a Time of Economic Crisis
Overview
The death penalty is a moral issue for some and a policy issue for others. However, it is also a government program with related costs. Many people assume that the state saves money by employing the death penalty since an executed person no longer requires confinement, health care, and related expenses. But in the modern application of capital punishment, that assumption has been repeatedly proven to be wrong.
The death penalty is far more expensive than a system utilizing life-without-parole sentences as an alternative punishment. Some of the reasons for the high cost of the death penalty are the longer trials and appeals required when a person’s life is on the line, the need for more lawyers and experts on both sides of the case, and the relative rarity of executions. Most cases in which the death penalty is sought do not end up with the death penalty being imposed. And once a death sentence is imposed, the most likely outcome of the case is that the conviction or death sentence will be overturned in the courts. Most defendants who are sentenced to death essentially end up spending life in prison, but at a highly inflated cost because the death penalty was involved in the process.
The Issue
How much the death penalty actually costs and how that compares to a system in which a life sentence is the maximum punishment can only be determined by sophisticated research and studies, usually at the state level. Many such studies have been conducted and their conclusions are consistent: the death penalty imposes a net cost on the taxpayers compared to life without parole. The question is whether the assumed benefits of the death penalty are worth its costs and whether other systems might provide similar benefits at less cost. The assessments of law enforcement experts are particularly relevant in identifying what expenditures are most effective in reducing crime.
What DPIC Offers
This section contains summaries of each of the main cost studies on the death penalty and links to many of the entire studies. In addition, DPI has prepared a number of reports that relate to the question of costs and to the opinions of police chiefs and other experts in this field.
Why is the death penalty so expensive?
- Legal costs: Almost all people who face the death penalty cannot afford their own attorney. The state must assign public defenders or court-appointed lawyers to represent them (the accepted practice is to assign two lawyers), and pay for the costs of the prosecution as well.
- Pre-trial costs: Capital cases are far more complicated than non-capital cases and take longer to go to trial. Experts will probably be needed on forensic evidence, mental health, and the background and life history of the defendant. County taxpayers pick up the costs of added security and longer pre-trial detention.
- Jury selection: Because of the need to question jurors thoroughly on their views about the death penalty, jury selection in capital cases is much more time consuming and expensive.
- Trial: Death-penalty trials can last more than four times longer than non-capital trials, requiring juror and attorney compensation, in addition to court personnel and other related costs.
- Incarceration: Most death rows involve solitary confinement in a special facility. These require more security and other accommodations as the prisoners are kept for 23 hours a day in their cells.
- Appeals: To minimize mistakes, every prisoner is entitled to a series of appeals. The costs are borne at taxpayers’ expense. These appeals are essential because some inmates have come within hours of execution before evidence was uncovered proving their innocence.
News & Developments
News
Jun 26, 2025
Arizona Legislature Moves Towards Compensating Exonerated Individuals, Including Eleven People Wrongfully Death Sentenced
The Arizona legislature is considering new legislation that will compensate exonerated individuals. HB 2813 was introduced in February by Republican Representative Khyl Powell and easily passed in the Arizona House of Representatives in a 59 – 1 vote two weeks later. The bill is now awaiting consideration by the Senate Judiciary and Elections Committee, and according to reporting by the Daily Independent it is being“considered for inclusion as part of a final…
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Jun 25, 2025
New Book of Interest: The “Slow Death” of U.S. Death Penalty
The death penalty in the Unites States is experiencing what scholars call a“slow death.” In their forthcoming book,“The Slow Death of the Death Penalty: Toward a Postmortem,” editors Todd C. Peppers, Jamie Almallen, and Mary Welek Atwell bring together death penalty experts to examine this shift in the use of capital punishment. New death sentences and executions still occur in a limited number of states; but Peppers et al reflect on the broader trends away from use…
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Jun 17, 2025
Article of Interest: Maricopa County Investigation: Capital Cases are Costly, Lack Transparency in Charging Decisions, and Rarely End in Death Sentences
A joint investigation by ProPublica and ABC15 Arizona reviewed more than 300 cases over the past two decades where Maricopa County prosecutors sought the death penalty and found that only 13% resulted in death sentences. In most cases a jury never got close to considering whether to sentence someone to death: in more than three-quarters of cases, defendants pled guilty in exchange for lesser punishment, or prosecutors reversed course before trial. In only 41 of…
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Jun 16, 2025
Governor Says Indiana Will Not Purchase More Lethal Injection Drugs, Invites Debate over Death Penalty
According to Governor Mike Braun (pictured), Indiana has depleted the supply of pentobarbital it uses in its lethal injection executions. Given that the last of the doses purchased in December 2024 expired and went unused, Gov. Braun does not intend to renew the state’s supply. According to earlier reporting by the Indiana Capital Chronicle, the Indiana Department of Correction (IDC) spent $900,000 on pentobarbital in late 2024 in preparation for the execution of…
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May 19, 2025
District Court Judge Calls Kansas Death Penalty Racially Biased, Costly, and Ineffective as a Deterrent
On April 16, 2025, Wyandotte County District Judge Bill Klapper issued his order in the combined cases of Hugo Villaneuva-Morales and Antoine Fielder, broadly condemning the Kansas death penalty as costly, racially biased, and ineffective as a deterrent. Judge Klapper’s order follows an extensive evidentiary hearing and provides thorough and detailed findings on an array of constitutional questions related to the use of the death penalty in the state. Mr.
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