In a recent edi­to­r­i­al in the Fort Wayne, Indiana, Journal Gazette, the paper wel­comed the pro­pos­al by the state’s Attorney General to recon­sid­er the death penal­ty in light of its enor­mous costs. At a Criminal Justice Summit held at the University of Notre Dame, Indiana Attorney General Greg Zoeller asked state offi­cials to look at the death penal­ty from a prac­ti­cal per­spec­tive. He cit­ed a recent cap­i­tal tri­al in Warrick County that cost $500,000 in defense attor­ney fees alone. The costs can’t be borne by small­er coun­ties,” the paper quot­ed Zoeller as say­ing. “[S]o if the crime occurs in a large coun­ty you might be charged with the death penal­ty, in a small­er coun­ty you’re not. That rais­es some sig­nif­i­cant ques­tions about fair­ness.” The paper not­ed that most of the high costs can­not be avoid­ed: “[D]eath penal­ty cas­es demand the strictest set of pro­tec­tions and safe­guards to make sure the con­vic­tion and sen­tence are cor­rect and appro­pri­ate. New DNA evi­dence exon­er­at­ing a killer can free a pris­on­er serv­ing a life sen­tence; it can’t help some­one who has been exe­cut­ed,” and con­clud­ed, The death penal­ty is too cost­ly and applied too unfair­ly. Life with­out the pos­si­bil­i­ty of parole is the appro­pri­ate penal­ty – and far less cost­ly to tax­pay­ers.” Read full edi­to­r­i­al below.

Welcome death penalty discussion 

Debate over the death penal­ty often cen­ters on whether a civ­i­lized soci­ety should con­done state-sanc­tioned killings. Last week, Indiana Attorney General Greg Zoeller asked Hoosier offi­cials to con­sid­er the issue by focus­ing on prac­ti­cal­i­ty rather than philosophy.

Chief among his con­cerns: Cost. Death penal­ty cas­es are cost­ly, falling par­tic­u­lar­ly hard on cash-strapped coun­ty gov­ern­ments. A recent death penal­ty case in Warrick County, for exam­ple, cost $500,000 in defense attorney fees.

Zoeller expressed his con­cerns at a Criminal Justice Summit at the University of Notre Dame. Attendees also heard from Anne Morrison Piehl, an eco­nom­ics pro­fes­sor at Rutgers University who stud­ied the finan­cial effect of death penal­ty cas­es on Indiana.

The costs can’t be borne by small­er coun­ties par­tic­u­lar­ly, so if the crime occurs in a large coun­ty you might be charged with the death penal­ty, in a small­er coun­ty you’re not. That rais­es some sig­nif­i­cant ques­tions about fair­ness,” The Elkhart Truth quot­ed Zoeller as saying.

Piehl said it is dif­fi­cult to mea­sure the exact cost, but death penal­ty cas­es typ­i­cal­ly cost hun­dreds of thou­sands of dol­lars more than the very same case involv­ing a max­i­mum penal­ty of life without parole.

And death penal­ty cas­es demand the strictest set of pro­tec­tions and safe­guards to make sure the con­vic­tion and sen­tence are cor­rect and appro­pri­ate. New DNA evi­dence exon­er­at­ing a killer can free a pris­on­er serv­ing a life sen­tence; it can’t help some­one who has been executed.

Those safe­guards – in the form of appeals and court review – are cost­ly and take time.

Because those safe­guards are nec­es­sary, they result in extend­ed review by the courts – as they should, par­tic­u­lar­ly when those reviews find mis­takes that can require re-hear­ings and new tri­als. Consider the case of Joseph Corcoran, con­vict­ed in 1999 of four counts of mur­der. Questions over his men­tal health and the appro­pri­ate­ness of his guilty plea con­tin­ue to rever­ber­ate in the court sys­tem 11 years lat­er. Then there’s the case of Zolo Agona Azania, con­vict­ed of mur­der in 1982, whose case led to sev­er­al appeals and rehear­ings until in 200826 years lat­er – he was appro­pri­ate­ly sen­tenced to life without parole.

These nec­es­sary delays have an addi­tion­al cost, Zoeller not­ed. The inter­minable delay pro­longs the agony for the victim’s fam­i­ly, leav­ing them in per­pet­u­al lim­bo and some­times pre­vent­ing them from com­plet­ing the griev­ing process,” Zoeller said.

Zoeller did not make a spe­cif­ic rec­om­men­da­tion, and his remarks could lead to far dif­fer­ent rec­om­men­da­tions: End the death penal­ty or reduce costs and speed up exe­cu­tions. But reduc­ing or elim­i­nat­ing safe­guards to make exe­cu­tions faster and cheap­er is unac­cept­able when the stakes are a person’s life.

The death penal­ty is too cost­ly and applied too unfair­ly. Life with­out the pos­si­bil­i­ty of parole is the appro­pri­ate penal­ty – and far less cost­ly to taxpayers.

(“Welcome death penal­ty dis­cus­sion,” (Ind.) Journal Gazette (edi­to­r­i­al), November 21, 2010). See Costs and Editorials.

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