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NEW VOICES: Former Law Enforcement Officials Say Arizona, Kansas Should End Death Penalty

By Death Penalty Information Center

Posted on Nov 07, 2017 | Updated on Sep 25, 2024

Former high-rank­ing law enforce­ment offi­cials from Arizona and Kansas have called on their states to end the death penal­ty. In sep­a­rate op-ed sto­ries one week apart, for­mer Arizona Attorney General Terry Goddard (pic­tured, left) and for­mer Kansas Secretary of Corrections Roger Werholtz (pic­tured, right) con­clude that the cap­i­tal pun­ish­ment schemes in their states have failed and should be aban­doned. In a November 5 op-ed in the Arizona Daily Star head­lined Arizona’s 40-year exper­i­ment with the death penal­ty has failed, Attorney General Goddard said Arizona does not have a good track record for get­ting [the death penal­ty] right,” point­ing to prob­lems of inno­cence, racial dis­par­i­ty, cost, and per­sis­tent struc­tur­al prob­lems with the state’s death penal­ty law. Goddard, a for­mer Mayor of Phoenix, lat­er over­saw the exe­cu­tions of six peo­ple dur­ing his tenure as the state’s Attorney General from 2003 to 2011. He now says the state’s death penal­ty has failed … in fun­da­men­tal ways,” with a statute so broad that it captur[es] near­ly every first-degree mur­der” and defec­tive statu­to­ry pro­vi­sions and judi­cial pro­ce­dures that have caused dozens of [cas­es to] have been set aside.” He says “[s]entencing the inno­cent to die … is rea­son alone to aban­don the death penal­ty.” Although “[g]etting it wrong once is one time too many,” Arizona has swept up the inno­cent in its net” at least nine times. Goddard argues that the unset­tling racial dis­par­i­ties” in the appli­ca­tion of Arizona’s death penal­ty — Hispanic men accused of mur­der­ing whites are sen­tenced to death at more than four times the rate of white defen­dants accused of mur­der­ing Hispanics — and “[t]he spi­ral­ing costs of seek­ing and impos­ing a death sen­tence are fur­ther rea­son to aban­don the pol­i­cy.” Goddard con­cludes that, after four decades of using cap­i­tal pun­ish­ment, Arizona has failed to nar­row [its] appli­ca­tion … and has been unable or unwill­ing to pro­vide the guid­ance nec­es­sary to ensure that the death penal­ty is only imposed on the worst offend­ers.” Given these myr­i­ad prob­lems,” he says, Arizona should join the ris­ing tide against impos­ing it.” On October 31, Corrections Secretary Werholtz also authored an op-ed advo­cat­ing end­ing the death penal­ty, though for very dif­fer­ent rea­sons. In an opin­ion piece in the Topeka Capital-Journal enti­tled End the death penal­ty in Kansas, Secretary Werholtz addressed the state’s bud­get short­fall and the chal­lenges it posed to keep­ing cor­rec­tions staff, pris­on­ers, and com­mu­ni­ties safe. Werholtz — who served 28 years with the Kansas Department of Corrections, includ­ing eight as its Secretary — says one sim­ple choice” in address­ing the prob­lem would be to elim­i­nate the exces­sive amounts of mon­ey we are spend­ing on Kansas’ bro­ken death penal­ty by replac­ing it with life with­out parole.” As Kansas faces a deci­sion on whether to build a new exe­cu­tion facil­i­ty to replace an exe­cu­tion cham­ber that the state has nev­er used, Werholtz believe[s] it’s time we acknowl­edge that the return on our invest­ment in the death penal­ty has been abysmal. Numerous stud­ies con­clude that the death penal­ty keeps us no safer than impris­on­ment, and yet it siphons away far more crime pre­ven­tion dol­lars.” Currently, he says, Kansas is unable to ful­ly staff its cor­rec­tion­al facil­i­ties or make tech­no­log­i­cal improve­ments to ensure the safe­ty of cor­rec­tions offi­cers and pris­on­ers alike. With funds so scarce, and the needs so great,” Werholtz says, it sim­ply makes no sense for us to con­tin­ue to invest more in our inef­fec­tive death penalty.”

(T. Goddard, Arizona’s 40-year exper­i­ment with the death penal­ty has failed,” Arizona Daily Star, November 5, 2017; R. Werholtz, End the death penal­ty in Kansas,” The Topeka Capital-Journal, October 31, 2017.) See New Voices.

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