The Los Angeles Times recent­ly edi­to­ri­al­ized about the futil­i­ty of keep­ing the death penal­ty in California. Let’s end this bru­tal, anachro­nis­tic prac­tice,” of the death penal­ty, the paper wrote. Inefficiency and cost­li­ness are obvi­ous­ly only a small part of what’s wrong with the death penal­ty.” The edi­to­r­i­al con­tin­ued, “[C]apital pun­ish­ment strikes dis­pro­por­tion­ate­ly at dis­ad­van­taged groups, and capri­cious­ly at oth­ers,” adding, We doubt its deter­rent effect as well.” With California fac­ing bank­rupt­cy, the paper finds it shock­ing and depress­ing that California keeps hun­dreds of peo­ple locked up for decades await­ing exe­cu­tion at an esti­mat­ed addi­tion­al cost of $63.3 mil­lion per year (over and above the nor­mal cost of incar­cer­a­tion) when it could save more than 90% of that by scrap­ping the sys­tem entire­ly and replac­ing it with life impris­on­ment with­out parole.“ The full edi­to­r­i­al may be read below:

Death row futil­i­ty — -The death penal­ty is wrong; decry­ing long stays on death row is beside the point.

Thomas Francis Edwards died a week ago Saturday of nat­ur­al caus­es at age 65. That may not sound strange until you con­sid­er that Edwards, the con­vict­ed killer of a 12-year-old Orange County girl, had been on death row for 22 years.

That’s right. 2 decades lat­er, the state of California still had­n’t car­ried out a sen­tence imposed in the mid-1980s. And there’s noth­ing unusu­al about that. Of the state’s 680 death row inmates, 67 have been wait­ing to die for 25 years or more; near­ly 300 have wait­ed 15 years or more.

Today, a death row inmate is more like­ly to die of old age than to be put to death by the state. Since 1978, when California rein­stat­ed cap­i­tal pun­ish­ment, 43 have died of nat­ur­al caus­es, 5 more of oth­er caus­es,” 16 by sui­cide — and 14 have been exe­cut­ed, accord­ing to the Department of Corrections and Rehabilitation.

Few would dis­agree that some­thing here is bro­ken. But bro­ken how? Death penal­ty sup­port­ers see those num­bers as incon­tro­vert­ible evi­dence that inmates and their lib­er­al allies have gamed the sys­tem, manip­u­lat­ing it through delays and appeals and stays and oth­er gim­micks to stave off jus­tice indef­i­nite­ly.

We see it dif­fer­ent­ly. This page has stead­fast­ly opposed the death penal­ty. We ques­tion the moral­i­ty of state-spon­sored killing. We think cap­i­tal pun­ish­ment strikes dis­pro­por­tion­ate­ly at dis­ad­van­taged groups, and capri­cious­ly at oth­ers. We doubt its deter­rent effect as well.

And those dura­tion-of-stay num­bers mere­ly strength­en our oppo­si­tion. We find it shock­ing and depress­ing that California keeps hun­dreds of peo­ple locked up for decades await­ing exe­cu­tion at an esti­mat­ed addi­tion­al cost of $63.3 mil­lion per year (over and above the nor­mal cost of incar­cer­a­tion) when it could save more than 90% of that by scrap­ping the sys­tem entire­ly and replac­ing it with life impris­on­ment with­out parole.

That was the con­clu­sion reached by the California Commission on the Fair Administration of Justice last year. It report­ed, among oth­er things, that seek­ing the death penal­ty adds about $500,000 to the cost of a mur­der tri­al. And con­fine­ment on death row adds $90,000 per inmate each year to the nor­mal cost of incar­cer­a­tion, state cor­rec­tions offi­cials have said. Multiply that last num­ber by 680 peo­ple and then by 15 or 20 years, and, as Sen. Everett Dirksen once said, pret­ty soon you’re talk­ing real mon­ey.

California has more death row inmates than any oth­er state, and 20 new ones arrive each year, even though exe­cu­tions have stopped since 2006 while courts exam­ine the legal­i­ty of the state’s lethal- injec­tion pro­to­cols.

Inefficiency and cost­li­ness are obvi­ous­ly only a small part of what’s wrong with the death penal­ty. But as the com­mis­sion not­ed, they cre­ate cyn­i­cism and dis­re­spect for the rule of law, and increase the emo­tion­al trau­ma of vic­tims’ fam­i­lies. Let’s end this bru­tal, anachronistic practice.

(Editorial, Death row futil­i­ty,” Los Angeles Times, February 23, 2009). See Editorials.

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