The Death Penalty's Bankruptcy
Many of you may know the statistics on the economic cost of the death penalty in various states (which is invariably higher everywhere than life without parole) but you may not realize just how high a financial cost capital cases can carry and what kind of impact it can have on the judicial system.
A case in Georgia has bankrupted the public defenders office, forcing Superior Court Judge Hilton Fuller to push jury selection back to September 10th. The Georgia Public defender Standards Council can no longer afford to pay Nichols' representation which means that any continued attempts at trial would likely be considered unconstitutional as all accused are entitled to public defense, especially so in the case of a looming death sentence.
So, we again ask ourselves, how much more is society willing to pay to kill someone rather than lock them up?
Here in Indiana, we pay 38% more to execute someone than lock them up for life without parole. Florida spends $51 million more each year, California spends a whopping $90 million annually, and Texas pays three times the cost of life imprisonment for capital cases.
What makes the DA's decision to purse the death penalty even more zealous and reckless is the fact that Nichols has offered to plead guilty as long as the death penalty is taken off the table as a possible sentence. How much is it worth to the taxpayers to see him killed rather than imprisoned for life? About $1.4 million thus far.
It's incredible that even when the moral and civil costs of the death penalty are put aside, the economic and judicial costs still point to a bankrupt system.
2 comments:
Cost Comparisons:
Death Penalty Cases Vs Equivalent Life Sentence Cases
by Dudley Sharp, Justice Matters
In comparing the cost of death penalty cases to other sentences, many of the well known studies are woefully incomplete or inaccurate.
Generally, such studies have one or more of the following problems.
1) All studies exclude the cost of geriatric care, recently found to be $69,000/inmate/yr. A significant omission from life sentence costs.
2) All studies exclude the cost savings of the death penalty, which is the ONLY sentence which allows for a plea bargain to a maximum life sentence. Such plea bargains accrue as a cost benefit to the death penalty, such benefit being the cost of trials and appeals for that life sentence. The cost savings would be for trial and appeals and would accrue as a cost savings for the death penalty. Depending upon jurisdiction, this may result in a zero net cost for the death penalty, depending on the number of plea bargains Vs the number of death penalty trials, or an actual net cost benefit to the state.
3) a) Some studies compare the cost of a death penalty case, including pre trial, trial, appeals and incarceration, to only the cost of incarceration for 40 years, excluding all trial costs and appeals, for a life sentence. The much cited Texas "study" does this. Obviously, a totally inaccurate cost comparison.
b)1) The pure deception in some cost "studies" is overt. It has been claimed that it costs $3.2 million/execution in Florida. That "study" decided to add the cost of the entire death penalty system in Florida ($57 million), which included all of the death penalty cases and dividing that number by only the number of executions (18). One could be equally misleading by dividing the $57 million by the (estimated) 200 death row cases and stating that ever death row case cost $285,000. Both would be inaccurate and misleading.
b)2)The Duke University-North Carolina death penalty cost study is a perfect example:
Anti death penalty folks have been deceptively stating that it costs $2.16 million for an execution in North Carolina. However, what the study really says is that $2.16 million is the average cost of execution, for all death penalty cases. For example, if 10 people are sentenced to death and only one of those ten is executed and you roll all of the costs for all of those 10 death penalty cases into that 1 execution, you would get an average cost of $2.16 million per execution.
You could dishonestly do the same thing with LWOP. As soon your first LWOP prisoner died, you could roll all of the LWOP costs, from all other living LWOP cases, and say that it cost $20 million on average per LWOP. That would be equally inaccurate and misleading.
In reality (read the Executive Summary) the difference in cost between a North Carolina murder conviction with a "life" sentence and a death sentence is $163,000. See also paragraph 9 Summing up, page 2.(2)
But in the study, a life sentence is only 20 years. You need to add 20-30 years -- or $500,000 - $750,000/prisoner -- to get a real life sentence. The authors also concede leaving out geriatric care, recently found to be $69,000/yr/prisoner.
In other words, what the study actually tells us is that an actual life sentence costs much more than a death sentence.
4) There is no reason for death penalty appeals to take longer than 7 years. All death penalty appeals, direct and writ, should travel through the process concurrently, thereby giving every appellate issue 7 years of consideration through both state and federal courts. There is no need for endless repetition and delay.
Texas, which leads the nation in executions, takes over 10 years, on average, to execute murderers. The state and federal courts, for that jurisdiction, handle many cases. Texas has the second lowest rate of the courts overturning death penalty cases. Could every jurisdiction process death penalty appeals in 6-8 years.
One more, small example. A death row is completely unnecessary. Just put death sentenced prisoners in existing prisons/cells that already have enhanced security. Missouri does.
5) FCC economist Dr. Paul Zimmerman finds that executions result in a huge cost benefit to society. "Specifically, it is estimated that each state execution deters somewhere between 3 and 25 murders per year (14 being the average). Assuming that the value of human life is approximately $5 million {i.e. the average of the range estimates provided by Viscussi (1993)}, our estimates imply that society avoids losing approximately $70 million per year on average at the current rate of execution all else equal." The study used state level data from 1978 to 1997 for all 50 states (excluding Washington D.C.). (1)
That is a cost benefit of $70 million per execution. 7 additional, recent studies support the deterrent effect. Deterrence report upon request.
No cost study has included such calculations.
Although many find it inappropriate to put a dollar value on life, evidently this is not uncommon for economists, insurers, etc.
We know that living murderers are infinitely more likely to harm and murder, again, than are executed murderers. There is no doubt that executions do save innocent lives. What value do you put on the lives saved? Certainly not less than $5 million.
Justice
6) The main reason death sentences are given is because jurors find that it is the most just punishment available. No state, concerned with justice, will base a decision solely on cost alone. If they did, all criminal cases would be plea bargained and every crime would have a probation option.
Some believe that we can only duplicate the most horrendously cost abusing death penalty systems. There is another alternative.
While costs can be higher, sometimes much higher, with capital punishment than with life without parole, it isn't required, States need only improve upon the examples of those states which have the most efficient death penalty systems.
The bottom line is that states can have a just death penalty system and not spend more than they currently do on life without parole cases.
It just takes the will of the legislature and the judges.
1). "State Executions, Deterrence and the Incidence of Murder", Paul R. Zimmerman (zimmy@att.net), March 3. 2003, Social Science Research Network
2) www-pps(DOT)aas.duke.edu/people/faculty/cook/comnc.pdf
copyright 2004-2006
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
www(dot)dpinfo.com
www(dot)homicidesurvivors.com
joshmarquis(dot)blogspot.com/
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)prodeathpenalty.org/
www(dot)yesdeathpenalty.com/deathpenalty_contents.htm (Sweden)
www(dot)wesleylowe.com/cp.html
RE: Slavery & the death penalty
The alleged many coincidences between the death penalty and slavery are just that.
First, and most importantly, slavery is/was imposed upon persons for no other reason than someone wants to make them slaves, for a variety of bad reasons - primarily some type of gain, mainly financial. The slave in no way caused or deserved their fate.
Quite to the contrary, the death penalty is a criminal justice sanction imposed on persons specifically because of some wrongdoing which violated the criminal code and is imposed with due process. We are, specifically, speaking of cimes wherein the criminal knowingly violated the social contract and put themselves in the position of the sanction within that jurisdiction.
Morally and legally, two completely different considerations.
Also, there are these seeming contradicitons
RACE: A Death Penalty Primer -- No Bias in Death Penalty Sentencing
Dudley Sharp, Justice Matters
contact info below
7 studies are reviewed, herein
For emphasis, population count is totally irrelevant, regarding any consideration of class or race/ethnicity bias in the application of the death penalty. The only relevant factors in such a review are class, race/ethnic distribution of murderers and their victims in capital murders, as well as criminal history, the specific circumstances of the crime(s) and a review of individual prosecutorial jurisdictions.
Study 1: Drs. Stephen Klein and John Rolph
"After accounting for some of the many factors that may influence penalty decisions, neither race of the defendant nor race of the victim appreciably improved prediction of who was sentenced to death . . . ".
"Relationship of Offender and Victim Race to Death Penalty Sentences in California"(Jurimetrics Journal, 32, Fall 1991, aka The Rand Corporation Study)
Study 2: Smith College Professors Stanley Rothman and Stephen Powers found that legal variables, such as prior criminal history and the aggravated nature of the murder, are the proven basis for imposition of the death penalty. The black/white variation in sentencing has generally been reduced to zero when such legal variables are introduced as controls.
"Execution by Quota?", The Public Interest, Summer 1994
Study 3: NO BIAS IN DEATH SENTENCING: U of Maryland's Death Penalty Study (1)
The following are direct quotes from the Executive Summary of the U of Maryland study.
Race of the victim
"The race of the victim effect does not hold up, however, at the decision of the state's attorney to advance a case to penalty trial and at the decision of the judge or jury to impose a death sentence given that a penalty trial has occurred." p 27
In other words, the victim's race has no impact on seeking or
giving death sentences.
"The race of the victim does not appear to matter when the decision is to advance a case to the penalty phase or to sentence a defendant to death after a penalty phase
hearing." page 29
In other words, the victim's race has no impact on seeking or
giving death sentences
"Among the subset of cases where the case actually does reach a penalty trial, the victim's race does not have a significant impact on the imposition of a death sentence." page 35
In fact, the study fails to demonstrate that there is any race of the victim effect in death sentencing in Maryland.
"When the prosecuting jurisdiction is added to the model the effect for the victims race diminishes substantially, and is no longer statistically significant." page 32
In other words, when you look at the capital murder cases, from each, separate jurisdiction, individually, any alleged race of the victim effect cannot be found.
" . . . any attempt to deal with any racial disparity in the imposition of the death penalty in Maryland cannot ignore the substantial variability that exists in different state's attorney's offices in the processing of death cases." p 34
In other words, it is important to look at how each jurisdiction handles their capital cases, because each jurisdiction is different. And when that is done, no bias in death sentencing is found.
Race of victim and defendant
"There is no race of the offender / victim effect at either the decision to advance a case to penalty hearing or the decision to sentence a defendant to death
given a penalty hearing." page 30
In other words, neither the race of the defendant nor the race of the victim have an impact on seeking or giving death sentences.
Race of the defendant
" . . . there is no evidence that the race of the defendant matters at any stage once case characteristics are controlled for." page 26
" . . . we found no evidence that the race of the defendant matters in processing of capital cases in the state." p 26
In other words, Maryland is not looking at race, but is concentrating on the nature of the murders.
(1) Executive Summary:
An Empirical Analysis of Maryland's Death Sentencing System with Respect to the Influence of Race and Legal Jurisdiction, www.urhome.umd.edu/newsdesk/pdf/exec.pdf
Study 4: No Racial Bias in the New Jersey Death Penalty System
New Jersey
For release: February 11, 2003
For further information contact
Winnie Comfort, AOC
(609) 292-9580
Report on Proportionality Released
Trenton, N.J.
The 2002 report essentially mirrors the findings contained in the 2001 report, and may be summarized as follows:
--There is no sustained, statistically significant evidence that the race of the defendant affects which cases advance to penalty trial. Although bivariate analysis reveals that a greater proportion of death-eligible white defendants than African-American defendants advance to the penalty phase, that finding is not supported by regression studies and application of case-sorting techniques. There is no sustained, statistically significant evidence that the race of the defendant affects which cases result in imposition of the death penalty. Again, although bivariate analysis reveals that a greater proportion of death-eligible white defendants are sentenced to death than African-American defendants, that finding is not supported by regression studies and application of case-sorting techniques.
--There is statistically significant evidence that white victim cases are more likely than African-American victim cases to advance to penalty trial, but that finding is eradicated when county variability is taken into account. A disproportionate number of minority victim cases are tried in counties with the lowest overall rates of progression to penalty trial, while less urban counties with a high concentration of white victim cases have higher rates of capital prosecutions. Although Judge Baime notes that county variability may itself be a problem, he offers no opinion on the subject because that issue is well beyond the contours of his report.
--There is no sustained, statistically significant evidence that white victim cases are more likely than minority victim cases to result in imposition of the death penalty
The New Jersey Supreme Court has accepted the 2002 annual report prepared by Judge David S. Baime, a retired Appellate Division judge, on the monitoring of proportionality review in capital punishment cases in New Jersey. The Supreme Court adopted a monitoring system in 2000 to determine whether racial discrimination played a role in the administration of New Jersey's capital cases.
In his capacity as a "special master," a role that requires extrajudicial expertise and work with court-appointed experts, Judge Baime prepared the "Report to the New Jersey Supreme Court: Systemic Proportionality Review Project 2001-2002 Term." .
Judge Baime was assisted by statistical analysts David Weisburd, a professor at The Hebrew University of Jerusalem and The University of Maryland, College Park, and Joseph Naus, a professor at Rutgers University. In an effort to provide the most accurate analysis possible, the monitoring system approved by the Court consists of three different statistical strategies: bivariate analyses, regression studies and case-sorting techniques. In order to establish systemic disproportionality, a defendant must relentlessly document the risk of racial disparity. This requires that the outcomes produced by the three modes of analysis substantially converge, or lead to the conclusion that racial discrimination plays a part in capital sentencing.
The three modes of analysis were applied to three separate decision points: death outcomes at penalty trials, death outcomes among all death-eligible cases, as determined by Judge Baime and the Administrative Office of the Courts (AOC), and advancement of death-eligible cases to penalty trials. Three identifiable groups--African-Americans, whites and Hispanics--were examined, and possible disparities in terms of the race or ethnicity of the defendant and the race or ethnicity of the victim were considered.
Study 5: Pro & Con: The Death Penalty in Black and White
by Dudley Sharp
Thursday, June 24, 1999
IntellectualCapital.com, 6/24/99.
stored at www.prodeathpenalty.com/racism.htm
I don't know about you, but when I get into a discussion about the death penalty, my first thoughts go to the victim and to the brutality of the murder. That is the foundation of the just nature of the death penalty.
Too often these days, however the death penalty is discussed in different terms. Inevitably, with the racial history of this country, the effect of race in the application of the death penalty has become a central part of the death-penalty discourse. This is particularly true as some politicians are making the case for a death-penalty moratorium, in part to consider whether the death penalty is inherently racist.
All too often, however, those arguments are spurious. In the death penalty debate, it should be the facts, and not the hype, that are in be black and white.
A closer look at the statistics
Often such discussion begins with the obvious: the race of the defendant. The Death Penalty Information Center (DPIC) reports that black murderers represent 35% of those executed, white murderers 56%. As the argument goes, this must be evidence of systemic racism, as blacks represent 12% of the population, whites 74%.
Fortunately, the United States does not execute people based on their population counts but on the murders they commit. As blacks represent 47% of murderers and whites 37%, we see that whites are twice as likely to be executed for committing murder as are their black counterparts.
Furthermore, the Bureau of Justice Statistics says that whites sentenced to death are executed 17 months more quickly than blacks. With 98% of all head prosecutors in the United States being white, according to DPIC, how is such a result possible? Maybe prosecutors, judges and juries are focusing on the crimes and not the race of the defendant.
That is not the case, say anti-death penalty groups, such as Amnesty International, and now the United Nations. If you adjust for the specific aggravating factors present within capital crimes, you find clear evidence of racism.
Death-penalty opponents note, for example, that the Supreme Court, in the famous race-based challenge to the death penalty (McCleskey v. Kemp), found in 1987 that those who murderer whites were 4.3 times more likely to be sentenced to death than those who murder blacks, under similar circumstances.
David Baldus, who did the statistical study on McCleskey's behalf, also completed a recent study in Philadelphia where it is was reported to show that black murderers were four times more likely to receive a death sentence than white murderers. With such results, how can anyone dispute the racist application of the death penalty?
Quite easily.
The Supreme Court, as well as many others, confused odds with multiples. The data reflect odds of 4-to-1, not four times more likely.
What difference does it make?
In Baldus' Philadelphia study, we find that if only 2% more white murderers had been sentenced to death and only 2.5% fewer black murderers had been sentenced to death, then each group would have been sentenced to death by juries at the same rate -- a far cry from the 400% differential stated within the incorrect interpretation of "four times"!
A punishment that fits the crimes
The next issue raised is the victim's race. While blacks and whites comprise about an equal number of murder victims, the ratio of white-to-black victims in death-penalty cases is about 7-to-1. This has given rise to the allegation that the "system" only cares about white murder victims. A horrible accusation, if true.
However, the ratio of white-to-black victims in the aggravated circumstances necessary for a capital murder conviction (rape, robbery, car-jacking, burglary, police murders, serial/multiple murders, etc.) is from 4-to-1 to 8-to-1 -- numbers consistent with the victim ratios on death row.
The final resting place for the racism charge lies within those cases where blacks have been executed for murdering whites and whites have been executed for murdering blacks. There have been 144 blacks and 10 whites executed under such circumstances, or a ratio of 14-to-1. As blacks are about 2.5 times more likely to murder whites than the other way around, there appears to be a huge disparity in such executions. Is racism the reason?
If we look at robbery, the aggravated crime found most often in capital cases, we find that when there is a robbery with injury, the ratio of black robber/white victims versus white robbers/black victims is 21-to-1.
Again, when looking at the circumstances consistent with capital crimes, we find no evidence of racial bias.
The determining factor for sentencing in death-penalty cases is what it should be -- the aggravating nature of the crimes. Both the Rand Corp. study of 1991 and the research presented by Smith College professors Stanley Rothman and Stephen Powers in 1994 confirm that finding. In other words, it appears that any racial variations present within the data are reflective of the crimes themselves and not racial bias within the system. A review of those studies, as well as of criminal-justice statistics, within the context of the aggravating circumstances present within capital murders and the related statutes, produces the same conclusion.
Don't assume the worst motives
There will always be some variables of race, ethnicity and class within any study of criminal-justice practices, and based on historic, as well as current prejudices, we can never lower our guard. Because all studies are subject to poor protocols, bias and misinterpretation, we must make reasoned judgments based on as many respected considerations as we may have at our disposal.
And even if criminal-justice statistics did not show the obvious correlation between crimes and the application of the death penalty, we should note what the Supreme Court stated in McCleskey: "Where the discretion that is fundamental to our criminal justice process is involved, we decline to assume that what is unexplained [by measured factors] is invidious." Sound ideas should not be eliminated based on misguided statistics.
In the case of the death penalty, the facts lead to only one conclusion. No moratorium is necessary.
Study 6: Death Penalty Opponents Distortions are the Real Story
"To properly protect the people in Baltimore City and other jurisdictions like it, we must restore public confidence in and support of capital punishment, so that prosecutors can seek it in appropriate cases, and jurors will impose it. The first step toward that end is to debunk the myth that capital punishment is imposed discriminatorily. The numbers are there, in the opponents's own studies, once we cut through the spin and look at the facts."
Smoke and Mirrors on Race and the Death Penalty, Kent Scheidegger, Criminal Justice Legal Foundation, Engage Magazine, Volume 4, Issue 2, 10/2003 www.cjlf.org/deathpenalty/EngageArticle.pdf
Study 7: Full Review Finds no Bias
"From 1976-1995, 5 white murderers have been put to death for the murder of black persons and 101 black murderers have been put to death for the murder of white persons (NAACP LDF, 1996). Opponents falsely contend that this is evidence of racism in the "system". That 101:5 ratio, or 20:1, is consistent with statistics that show aggravated crimes (those crimes committed with the murder which may make a crime eligible for the death penalty) are committed by blacks against whites in far greater numbers than by whites against blacks. For all violent crimes, there are ten times as many black offenders (2,016,939) involved in white victim violent crimes as there are white offenders (210,869) involved in black victim violent crimes, or a 10:1 ratio. (The State of Violent Crime in America, pg. 12,1/96, data derived from Criminal Victimization in the U.S., 1993, BJS forthcoming, tables 42 and 48. Multiple offenders were assumed to be two offenders for calculation purposes.) In addition, blacks are nearly three times as likely to murder whites (849), as whites are to murder blacks (304), or 3:1 (Sourcebook 1994, BJS 1995, table 3.123). IF murder rates are statistically consistent within the violent crime category, as McCleskey et al indicate, then blacks are, statistically, by a 30:1 (10:1 X 3:1) ratio, more likely to murder whites, than whites are to murder blacks, in those circumstances where an additional aggravating factor is present (see C2). These are those crimes most eligible for the death penalty. That statistically projected ratio of 30:1 is hardly inconsistent with the 20:1 ratio for black offender(s)/white victim vs white offender(s)/black victim executions. The most relevant aggravated crime is robbery with injury, wherein blacks are 21 times more likely to be involved in such crimes as are whites. This 21:1 ratio represents 1.4 million black offender(s)/white victim vs. 68,000 white offender(s)/black victim for robbery with injury crimes (JFA, using BJS, 1977-84 data). IF overall murder statistics are consistent, within this crime category, as McCleskey et al suggests, then there is a 30-60:1 ratio of black on white vs white on black murders within this robbery/murder category. (From 1977-1984)."
Excerpt from "C. RACE, SENTENCING AND THE DEATH PENALTY", paragraph No. 5., DEATH PENALTY AND SENTENCING INFORMATION In the United States, 10/1/97, by Dudley Sharp, http://prodeathpenalty.com/DP.html#C.Race
copyright 1998-2005 Dudley Sharp
Dudley Sharp, Justice Matters
email sharpjfa@aol.com, phone 713-622-5491
Houston, Texas
Mr. Sharp has appeared on ABC, CBS, CNN, FOX, NBC, NPR, PBS, BBC and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
www(dot)dpinfo.com
www(dot)homicidesurvivors.com
joshmarquis(dot)blogspot.com/
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)prodeathpenalty.org/
www(dot)yesdeathpenalty.com/deathpenalty_contents.htm (Sweden)
www(dot)wesleylowe.com/cp.html
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