According to a new study by the Associated Press, there has been a sharp drop in the use of the death penal­ty in Ohio as pros­e­cu­tors are tak­ing advan­tage of a new law allow­ing them to seek a sen­tence of life with­out parole with­out first pur­su­ing the death penal­ty. The sen­tence of life with­out parole used to be only an option for jurors weigh­ing an alter­na­tive to a death sen­tence. According to the AP, Prosecutors around Ohio, cit­ing the abil­i­ty to pur­sue harsh pun­ish­ment with­out going through the com­pli­ca­tion and expense of a death penal­ty case are start­ing to take advan­tage of the 2005 law,” and the num­ber of death penal­ty indict­ments sought statewide dropped 32 per­cent from 2004 to 2007 .…[T]he num­ber of life with­out parole sen­tences rose by more than two-thirds in the three years since the law took effect com­pared with the three years before, when 45 inmates entered prison with the per­ma­nent life sentence.”

Clermont County Prosecutor Don White explained, Life with­out parole means it’s over. The only way they’ll get out is in a pine box or if the gov­er­nor lets them out.” The Associated Press’s study not­ed, A death penal­ty tri­al can eas­i­ly top $100,00 for a coun­ty as extra staff, inves­ti­ga­tors and psy­cho­log­i­cal experts are hired by the defense and prosecutors…[and] can drain the annu­al bud­gets of small­er coun­ties.” In Franklin County, there were 34 death penal­ty cas­es in 2004 – high­est in the state that year. The num­ber of death penal­ty cas­es in the coun­ty dropped to five in 2006 and three last year.

North Carolina has also recent­ly giv­en pros­e­cu­tors the option of sep­a­rate­ly seek­ing life with­out parole, and death sen­tences there have dropped from 14 in 2001 to 3 in 2007. Wake County, North Carolina pros­e­cu­tor Colon Willoughby explained, Under the old law, I think pros­e­cu­tors were some­times forced to try cas­es cap­i­tal­ly in order to be able to get a life sen­tence, know­ing that there was very lit­tle chance a jury would ren­der a sen­tence of death.” He added that the new option allows for quick jus­tice that saves mon­ey and still pro­tects cit­i­zens. Texas, the state that leads the coun­try in exe­cu­tions, only recent­ly put the sen­tence of life with­out parole on its books. But it only per­mits this sen­tence as an option in cas­es where the pros­e­cu­tor seeks the death penal­ty. The change in Ohio law was inspired by a mur­der victim’s mother’s advo­ca­cy for stiffer non-death sen­tence options.
(A. Welsh-Huggins, Ohio pros­e­cu­tors using new life with­out parole option,” Akron Beacon-Journal, June 22, 2008). See Costs and Life Without Parole.

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