DPI Report: The 2% Death Penalty
How a Minority of Counties Produce Most Death Cases at Enormous Costs to All
DPI Report: Smart on Crime
Reconsidering the Death Penalty in a Time of Economic Crisis
Overview
The death penalty is a moral issue for some and a policy issue for others. However, it is also a government program with related costs. Many people assume that the state saves money by employing the death penalty since an executed person no longer requires confinement, health care, and related expenses. But in the modern application of capital punishment, that assumption has been repeatedly proven to be wrong.
The death penalty is far more expensive than a system utilizing life-without-parole sentences as an alternative punishment. Some of the reasons for the high cost of the death penalty are the longer trials and appeals required when a person’s life is on the line, the need for more lawyers and experts on both sides of the case, and the relative rarity of executions. Most cases in which the death penalty is sought do not end up with the death penalty being imposed. And once a death sentence is imposed, the most likely outcome of the case is that the conviction or death sentence will be overturned in the courts. Most defendants who are sentenced to death essentially end up spending life in prison, but at a highly inflated cost because the death penalty was involved in the process.
The Issue
How much the death penalty actually costs and how that compares to a system in which a life sentence is the maximum punishment can only be determined by sophisticated research and studies, usually at the state level. Many such studies have been conducted and their conclusions are consistent: the death penalty imposes a net cost on the taxpayers compared to life without parole. The question is whether the assumed benefits of the death penalty are worth its costs and whether other systems might provide similar benefits at less cost. The assessments of law enforcement experts are particularly relevant in identifying what expenditures are most effective in reducing crime.
What DPIC Offers
This section contains summaries of each of the main cost studies on the death penalty and links to many of the entire studies. In addition, DPI has prepared a number of reports that relate to the question of costs and to the opinions of police chiefs and other experts in this field.
Why is the death penalty so expensive?
- Legal costs: Almost all people who face the death penalty cannot afford their own attorney. The state must assign public defenders or court-appointed lawyers to represent them (the accepted practice is to assign two lawyers), and pay for the costs of the prosecution as well.
- Pre-trial costs: Capital cases are far more complicated than non-capital cases and take longer to go to trial. Experts will probably be needed on forensic evidence, mental health, and the background and life history of the defendant. County taxpayers pick up the costs of added security and longer pre-trial detention.
- Jury selection: Because of the need to question jurors thoroughly on their views about the death penalty, jury selection in capital cases is much more time consuming and expensive.
- Trial: Death-penalty trials can last more than four times longer than non-capital trials, requiring juror and attorney compensation, in addition to court personnel and other related costs.
- Incarceration: Most death rows involve solitary confinement in a special facility. These require more security and other accommodations as the prisoners are kept for 23 hours a day in their cells.
- Appeals: To minimize mistakes, every prisoner is entitled to a series of appeals. The costs are borne at taxpayers’ expense. These appeals are essential because some inmates have come within hours of execution before evidence was uncovered proving their innocence.
News & Developments
News
Mar 18, 2026
Ohio Court “Formally Vindicates” Death Row Exoneree 41 Years After Conviction, Opening the Door for Potentially 1 Million Dollars in Wrongful Conviction Compensation
On March 5, 2026, Hamilton County Common Pleas Judge Christopher McDowell“formally vindicated” death-sentenced exoneree Derrick Jamison, allowing him to seek monetary compensation from the state for his wrongful incarceration 21 years after prosecutors dropped charges. Mr. Jamison, who was scheduled for execution six times while imprisoned, filed a lawsuit seeking a formal declaration of wrongful imprisonment in 2024. With this formal declaration, he can…
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Mar 09, 2026
What to Know: Costs and the Death Penalty
DPI’s“What to Know” series examines capital punishment from multiple angles, one topic at a time. Each installment provides essential facts and data on specific aspects of the death penalty. This installment looks at the costs associated with pursuit of death sentences and executions. Why it matters: The question at the heart of this issue is whether the assumed benefits of the death penalty are worth its costs and whether other systems might provide…
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Jan 13, 2026
Texas Report Highlights Decline of New Death Sentences and Executions
For decades, Texas performed executions at the highest rate in the country. It has carried out the most executions in the modern era, with nearly five times the number as the next highest state. However, that trend has changed in recent years, as both the number of new death sentences and executions has significantly declined. The Texas Coalition to Abolish the Death Penalty’s (TCADP) 2025 Annual Report examines the dwindling use of capital punishment and the…
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Nov 03, 2025
New Documents Reveal Texas Has Spent More Than $775,000 on Lethal Injection Drugs Since October 2024 — But Many Other Details Remain Secret
Documents reviewed by NBC News in response to a public records request reveal that since October 2024 Texas has spent more than $775,000 to acquire pentobarbital, the drug used in the state’s lethal injection execution protocol. During the same time frame, the state has carried out 6 executions. The records show that in September 2024, the state obtained 20 one-gram vials of pentobarbital and an additional eight 2.5‑gram vials in February 2025. Per the state’s protocol,…
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Oct 30, 2025
Low Death Sentencing, Lack of Deterrence, and High Costs Raise Questions Over Capital Punishment in Indiana
Indiana’s seemingly paradoxical resumption of executions, with three over the last year, is drawing scrutiny from many corners of the state. Governor Mike Braun, legislators from both political parties, public defenders and even prosecutors have raised questions about the costs of prosecuting capital cases and obtaining drugs for executions; the failure of capital punishment to deter crime; and the increasing reluctance of Indiana juries to sentence…
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