The for­mer Chief Deputy District Attorney from the coun­ty that pros­e­cut­ed Nathan Dunlap has called on Colorado’s gov­er­nor to com­mute his death sen­tence to life with­out parole. Richard Bloch (pic­tured), who pros­e­cut­ed dozens of homi­cide cas­es dur­ing his 20 years with the Arapahoe County DA’s office, said he believes the state’s cap­i­tal pun­ish­ment sys­tem is too bro­ken to imple­ment: Having worked on many homi­cides, vis­it­ed dozens of mur­der scenes, and, most impor­tant­ly, spo­ken to many peo­ple who have com­mit­ted vio­lent actions against oth­ers, I under­stand from per­son­al expe­ri­ence what so many stud­ies show: that there is no evi­dence what­so­ev­er that the death penal­ty deters crime and enhances pub­lic safe­ty.” Bloch also not­ed the geo­graph­i­cal and racial dis­par­i­ties in the state’s death penal­ty: all those on death row came from Arapahoe County and all are African American, even though blacks account for only 4.3% of the state’s pop­u­la­tion. Bloch wrote, “[W]e can­not ignore that the sys­tem that sen­tenced Mr. Dunlap to die is a sys­tem in cri­sis. Colorado can do bet­ter; Colorado is bet­ter than that.” Read full article below.

CO’s Death Penalty System Too Broken to Use: Commute Dunlap’s Sentence

In the 20 years I spent with the Arapahoe County District Attorney’s Office, I pros­e­cut­ed dozens of homi­cides, includ­ing three death penal­ty cas­es. Based on my expe­ri­ences, I believe that Colorado does not need and should not use cap­i­tal pun­ish­ment to main­tain our pub­lic safe­ty. I hope that Governor Hickenlooper com­mutes Nathan Dunlap’s death sen­tence to life in prison with­out the pos­si­bil­i­ty of parole.

Having worked on many homi­cides, vis­it­ed dozens of mur­der scenes, and, most impor­tant­ly, spo­ken to many peo­ple who have com­mit­ted vio­lent actions against oth­ers, I under­stand from per­son­al expe­ri­ence what so many stud­ies show: that there is no evi­dence what­so­ev­er that the death penal­ty deters crime and enhances public safety.

My work expe­ri­ence con­vinces me that the threat of a death sen­tence does not deter crim­i­nal activ­i­ty. In my years as a pros­e­cu­tor and in my sub­se­quent pri­vate legal prac­tice, I have observed that some of the most egre­gious crimes are com­mit­ted due to men­tal ill­ness, des­per­a­tion, over­whelm­ing emo­tions, and polit­i­cal extrem­ism — none of which are sub­ject to ratio­nal cost/​benefit cal­cu­la­tions, like weigh­ing poten­tial crim­i­nal sentencing consequences.

Perhaps this under­stand­ing that cap­i­tal pun­ish­ment does­n’t deter crime is the rea­son that in a 2010 poll, 500 police chiefs ranked the death penal­ty as the least effec­tive use of tax­pay­er mon­ey for law enforce­ment pur­pos­es. I agree with those civ­il ser­vants that there are far bet­ter uses for the exor­bi­tant pub­lic resources spent on the death penal­ty, which are proven to enhance pub­lic safe­ty and well-being.

One side of cap­i­tal pun­ish­ment that is rarely dis­cussed is the ter­ri­ble toll it takes on the peo­ple involved. I can only image the enor­mous bur­den placed on the Department of Corrections pro­fes­sion­als who would have to car­ry out the actu­al exe­cu­tion itself. I believe it is too much for us to ask of these workers.

The death penal­ty is an inef­fec­tive and cost­ly gov­ern­ment pro­gram that diverts resources away from pub­lic safe­ty and places an unfair bur­den on the Department of Corrections work­ers. When you add to this the seri­ous and wide­spread con­cerns that exist about Colorado’s use of the death penal­ty, it becomes clear that the upcom­ing exe­cu­tion of Nathan Dunlap, sched­uled for the week of August 18 — 24, which would be Colorado’s 1st exe­cu­tion in 17 years, should not go forward.

A recent aca­d­e­m­ic study from the University of Denver showed that the death penal­ty in Colorado is bro­ken. It is not hand­ed down in the man­ner in which it was intend­ed, to defen­dants who have com­mit­ted the most egre­gious crimes. It’s used in few­er than 1 per­cent of the cas­es where it could be used, and it is used in ways that reflect exist­ing, sys­temic bias­es in our crim­i­nal justice system.

Our sys­tem is bro­ken. Something is clear­ly wrong with our state when all the death sen­tences are com­ing out of one coun­ty. We are in a cri­sis when our state, which is 4.3 % African-American, has a death row that is 100 % African American. A bro­ken sys­tem has pro­duced flawed results.

One of these results is Nathan Dunlap’s death sen­tence. That is why I join so many oth­er indi­vid­u­als and groups speak­ing out to sup­port clemen­cy in this case. The crime he com­mit­ted was hor­rif­ic, and he should spend the rest of his life in prison with­out the pos­si­bil­i­ty of parole, to ensure pub­lic safe­ty and severe pun­ish­ment for his crimes. Yet we can­not ignore that the sys­tem that sen­tenced Mr. Dunlap to die is a sys­tem in cri­sis. Colorado can do bet­ter; Colorado is bet­ter than that.

-Richard Bloch was a Chief Deputy District Attorney for the Arapahoe County District Attorney’s Office from 1999 — 2004. He is now in pri­vate prac­tice in Denver, CO.

(R. Bloch, CO’s Death Penalty System Too Broken to Use: Commute Dunlap’s Sentence,” Huffington Post, May 20, 2013). See Deterrence and New Voices.

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