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June 20, 2011

New article details high costs of California's dysfunctional death penalty

Cal DP As reported in this lengthy Los Angeles Times piece, which is headlined "Death penalty costs California $184 million a year, study says," a new article breaks down the considerable economic costs of California's capital punishment system.  Here are some of the details:

Taxpayers have spent more than $4 billion on capital punishment in California since it was reinstated in 1978, or about $308 million for each of the 13 executions carried out since then, according to a comprehensive analysis of the death penalty's costs.

The examination of state, federal and local expenditures for capital cases, conducted over three years by a senior federal judge and a law professor, estimated that the additional costs of capital trials, enhanced security on death row and legal representation for the condemned adds $184 million to the budget each year.

The study's authors, U.S. 9th Circuit Judge Arthur L. Alarcon and Loyola Law School professor Paula M. Mitchell, also forecast that the tab for maintaining the death penalty will climb to $9 billion by 2030, when San Quentin's death row will have swollen to well over 1,000.

In their research for "Executing the Will of the Voters: A Roadmap to Mend or End the California Legislature's Multi-Billion-Dollar Death Penalty Debacle," Alarcon and Mitchell obtained California Department of Corrections and Rehabilitation records that were unavailable to others who have sought to calculate a cost-benefit analysis of capital punishment....

The authors outline three options for voters to end the current reality of spiraling costs and infrequent executions: fully preserve capital punishment with about $85 million more in funding for courts and lawyers each year; reduce the number of death penalty-eligible crimes for an annual savings of $55 million; or abolish capital punishment and save taxpayers about $1 billion every five or six years.

Alarcon, who prosecuted capital cases as a Los Angeles County deputy district attorney in the 1950s and served as clemency secretary to Gov. Pat Brown, said in an interview that he believes the majority of California voters will want to retain some option for punishing the worst criminals with death.  He isn't opposed to capital punishment, while Mitchell, his longtime law clerk, said she favors abolition.  Both said they approached the analysis from an impartial academic perspective, aiming solely to educate voters about what they are spending on death row.

Alarcon four years ago issued an urgent appeal for overhaul of capital punishment in the state, noting that the average lag between conviction and execution was more than 17 years, twice the national figure.  Now it is more than 25 years, with no executions since 2006 and none likely in the near future because of legal challenges to the state's lethal injection procedures....

Among their findings to be published next week in the Loyola of Los Angeles Law Review:

  • The state's 714 death row prisoners cost $184 million more per year than those sentenced to life in prison without the possibility of parole.
  • A death penalty prosecution costs up to 20 times as much as a life-without-parole case.
  • The least expensive death penalty trial costs $1.1 million more than the most expensive life-without-parole case.
  • Jury selection in a capital case runs three to four weeks longer and costs $200,000 more than in life-without-parole cases.
  • The state pays up to $300,000 for attorneys to represent each capital inmate on appeal.
  • The heightened security practices mandated for death row inmates added $100,663 to the cost of incarcerating each capital prisoner last year, for a total of $72 million.

I cannot yet find on-line a copy of the "Executing the Will of the Voters" article, but I will post a link to the full piece when it becomes available.

June 20, 2011 at 09:20 AM | Permalink


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Curious the authors did not suggest attacking the 17-25 year lag between conviction and execution.

Posted by: mjs | Jun 20, 2011 8:00:12 PM

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