A new study by Lewis & Clark Law School and Seattle University that examined the costs of hundreds of aggravated murder and murder cases in Oregon has concluded that “maintaining the death penalty incurs a significant financial burden on Oregon taxpayers.” The researchers found that the average trial and incarceration costs of an Oregon murder case that results in a death penalty are almost double those in a murder case that results in a sentence of life imprisonment or a term of years. Excluding state prison costs, the study found, cases that result in death sentences may be three to four times more expensive. The study found that 61 death sentences handed down in Oregon cost taxpayers an average of $2.3 million, including incarceration costs, while a comparison group of 313 aggravated murder cases cost an average of $1.4 million. Excluding state prison costs, the difference was even more stark: $1.1 million for death sentences vs. $315,159 for other cases. The study also found that death penalty costs were escalating over time, from $274,209 in the 1980s to $1,783,148 in the 2000s. (See chart. All costs are in 2016 dollars.) The study examined cost data from local jails, the Oregon Department of Corrections, the Office of Public Defense Services, and the Department of Justice, which provided information on appeals costs. Prosecution costs were not included because district attorney’s office budgets were not broken down by time spent on each case. Among the reasons cited for the higher cost in death penalty cases were the requirement for appointment of death-qualified defense lawyers, more pre- and post-trial filings by both prosecutors and the defense, lengthier and more complicated jury selection practices, the two-phase death penalty trial, and more extensive appeals once a death sentence had been imposed. Professor Aliza Kaplan, one of the authors of the study, said, “The decision makers, those involved in the criminal justice system, everyone, deserves to know how much we are currently spending on the death penalty, so that when stakeholders, citizens and policy-makers make these decisions, they have as much information as possible to decide what is best for Oregon.” Oregon has carried out just two executions since the death penalty was reinstated, both of inmates who waived their appeals. The state currently has a moratorium on executions.

(A. Kaplan, P. Collins, and V. Mayhew, “Oregon’s Death Penalty: A Cost Analysis,” November 16, 2016; T. Hernandez, “How much does the Oregon death penalty cost? New study examines 100s of cases,” The Oregonian, November 16, 2016; Press Release, “New Report Calculates Oregon’s Death Penalty Financial Costs,” Lewis & Clark Law School and Seattle University, November 16, 2016.) See Costs and Studies.

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