State Studies on Time Costs

Kansas

A 2014 Kansas Judicial Council study examined cases used in the state’s 2003 Legislative Post Audit Report and 34 potential death-penalty cases from 2004 – 2011. It determined that death penalty cases are more time-intensive than non-death penalty cases.

The study found that the cases where prosecutors sought the death penalty in jury trials spent on average 40.13 days in court, while the cases in which prosecutors did not seek the death penalty averaged 16.79 days in court. Cases that ended in plea agreements where the death penalty was sought lasted 13.5 days on average, while plea agreements that did not involve the death penalty lasted 8.8 days on average. State Supreme Court justices who issue written opinions spend an estimated 20 times as many hours on death penalty appellate cases as non-death penalty appellate cases. Those justices who do not issue written opinions are estimated to spend 5 times longer on death penalty appeals that other appeals.

Colorado

A 2013 study published in the University of Denver Criminal Law Review, found that Colorado LWOP cases required an average of 24.5 days of in-court time, while the death-penalty cases required 147.6 days.¹

The study of the cost of the death penalty in Colorado revealed that capital proceedings require six times more days in court and take much longer to resolve than life-without-parole (LWOP) cases. In measuring the comparative time it takes to go from charging a defendant to final sentencing, the study found that LWOP cases took an average of 526 days to complete; death cases took almost 4 calendar years longer – 1,902 days. The study found that even when a death-penalty case ends in a plea agreement and a life sentence, the process takes a year and a half longer than an LWOP case with a trial. The authors noted that selecting a jury in an LWOP case takes about a day and a half; in a capital case, jury selection averages 26 days.

Idaho

The 2013 study showed the Idaho State Appellate Public Defender’s office spent about 44 times more time on a typical death penalty appeal than on a life sentence appeal.²

A limited study of the costs of the death penalty in Idaho found that capital cases are more costly and take much more time to resolve than non-capital cases. One measure of death-penalty costs was reflected in the time spent by attorneys handling appeals. Capital cases with trials took 20.5 months to reach a conclusion while non-capital cases with trials took 13.5 months. The study was commissioned by the Joint Legislative Oversight Committee and performed by the Office of Performance Evaluations. The study also noted how infrequently the death penalty was applied in Idaho: of the 251 defendants who were charged with first-degree murder since 1998, the death penalty was sought against 55 (22%) of them, and just 7 were sentenced to death. More than half of the 40 people sentenced to death since 1977 have received lesser sentences after their death sentences were overturned.

Maryland

The 2009 study showed that ​“the number of attorneys dedicated to cases in which a death notice is filed is twice (two) the number assigned to a no-death notice case (one). Thus, for many court events, about twice as much time is spent in preparation.”³

This study focuses specifically on the cost implications of the death penalty in Maryland, addressing limitations in prior research by employing robust methodologies, including multivariate models and propensity score analysis. Findings indicate a significant additional cost associated with filing a death notice, estimated at over one million dollars. The analysis encompasses various stages of case processing, including pre-trial, trial, sentencing, post-conviction, and appeals, providing a comprehensive understanding of the financial burdens imposed by capital prosecution. For example, in the pretrial phase, the percentage of time on a case before a death notice is filed is 50% compared to 15% when no death notice is filed. Similarly, the time spent on a case 90 days prior to trial is 50% with a death notice, but only 25% without it. This indicates that the presence of a death notice significantly impacts the time spent preparing a case. The estimated total cost of capital prosecutions in Maryland exceeds $170 million, underscoring the substantial financial implications of maintaining the death penalty, with implications for policy discussions and considerations of justice system reform.

North Carolina

The 2009 study focusing on North Carolina showed that ​“the extra time utilized in the capital cases amounts to 63,526 hours.”⁴

This study provides a comprehensive analysis of the potential savings from abolishing the death penalty in North Carolina, with a particular focus on time costs. Despite a decrease in death sentences and executions, the financial burden of the death penalty remains substantial. The analysis indicates that eliminating the death penalty could save the state nearly $11 million annually, allowing resources to be reallocated to other criminal cases and justice system activities. It explores how murder cases might unfold differently without the death penalty and examines the uncertainty surrounding its impact on murder rates. The study focuses on the difference between Cash Costs and In-kind Costs — otherwise known as monetary costs and time costs of the death penalty. The author notes that ​“Private defense attorneys spent nearly three times as many hours if a murder case proceeded capitally.” Additionally, ​“Each extra day in the courtroom, for the trial or for a hearing, requires the presence of a judge and other court officers and staff. The extra 3.2 days per case multiplies up to 691 days over the two years.” Finally, the study discusses the financial implications of abolishing the death penalty, emphasizing the need to consider both financial and ethical aspects in the debate. References to studies on deterrence and cost-benefit analysis further support the analysis’s findings.