A recent study pub­lished by a Duke University econ­o­mist revealed North Carolina could save $11 mil­lion annu­al­ly if it dropped the death penal­ty. Philip J. Cook, a pro­fes­sor at Duke University’s Sanford School of Public Policy, cal­cu­lat­ed the extra state costs of the death penal­ty dur­ing fis­cal years 2005 and 2006. He cal­cu­lat­ed over $21 mil­lion worth of expens­es that would have been saved if the death penal­ty had been repealed. The total includ­ed extra defense costs for cap­i­tal cas­es in the tri­al phase, extra pay­ments to jurors, post-con­vic­tion costs, resen­tenc­ing hear­ings, and the extra costs to the prison sys­tem. This con­ser­v­a­tive esti­mate did not include resources that would have been freed up in the Office of the Appellate Defender and the North Carolina Supreme Court, the extra time spent by pros­e­cu­tors in cap­i­tal cas­es, and the costs to tax­pay­ers for fed­er­al appeals. Cook con­clud­ed that costs are not the only con­cern, but rel­e­vant to the dis­cus­sion of whether the death penal­ty should be retained, The bot­tom line is that the death penal­ty is a finan­cial bur­den on the state and a resource-absorb­ing bur­den on the tri­al courts. That con­clu­sion is rel­e­vant to the debate over whether pre­serv­ing the death penal­ty is in the pub­lic inter­est….” He also com­ment­ed, It’s not an ide­al use of resources to have so much time devot­ed to such a small num­ber of cas­es if your goal is to reduce crime rates.”

The two-year costs were summed up as follows:

Extra defense costs for cap­i­tal cas­es in tri­al phase $13,180,385
Extra pay­ments to jurors $224,640
Capital post-con­vic­tion costs $7,473,556
Resentencing hear­ings $594,216
Prison sys­tem $169,617
Total $21,642,414

The extra in-kind costs, not includ­ed in the total above, result­ing from the death penal­ty were described in the report as follows:

Abolition would also have freed up resources in the courts and dis­trict
attor­neys’ offices, as well as the Office of the Appellate Defender and the
North Carolina Supreme Court. These in-kind costs include free­ing up the
equiv­a­lent of nine assis­tant pros­e­cu­tors each year, as well as a 345 days of
tri­al court time and some­thing like 10% of the resources of the Supreme
Court and the Office of the Appellate Defender.”

(P. Cook, Potential Savings from Abolition of the Death Penalty in North Carolina,” American Law and Economics Review, advance access, December 11, 2009; M. Locke, Study: End death cas­es, save mon­ey,” NewsObserver​.com, December 28, 2009). See also Costs and Studies. North Carolina has not had an exe­cu­tion since 2006; two peo­ple were sen­tenced to death in 2009.

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