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November 30, 2015

Detailing how Ohio prosecutors, armed with LWOP options, are migrating away from capital charges

19271024-largeThis recent local article, headlined "Eluding death: Ohio prosecutors charge far fewer capital murder cases," spotlights the role that local prosecutors are playing in changing the death penalty landscape in the Buckeye State. Here are excerpts:

Prosecutors across Ohio are changing the way they charge suspected killers.  They are indicting far fewer with the death penalty and pushing more sentences of life in prison without parole.

The number of capital murder indictments filed across the state since 2010 has plummeted by 77 percent, as just 19 have been brought this year. During the same time period, the number of inmates sentenced to life without parole has spiked 92 percent, according to a Plain Dealer examination of state prison records and other public documents.

The Ohio numbers mirror a national trend involving the death penalty.  Legal experts cited the high costs of taking a capital case to trial.  They also said decades of appeals make the death penalty extremely burdensome on the criminal justice system and traumatic for victims' families....

As the death penalty in Ohio sits stalled in a moratorium over the drugs used in executions, the emerging trends of how prosecutors handle aggravated murder cases offer insight into the way justice is meted out in Ohio courtrooms. "We simply are not charging people with the death penalty like we once did," said Michael Benza, a senior instructor of law at the Case Western Reserve University School of Law....

Since late 2012, when Prosecutor Timothy J. McGinty took office, five men have been indicted on death-penalty charges. But there were 75 cases that met the criteria for the penalty, according to prosecutors' records. That means McGinty's office pushed the death penalty in less than 7 percent of the possible cases....  Compare McGinty's record to his predecessor, Bill Mason: From 2009 through much of 2012, Mason's office indicted 89 death-penalty cases out of a possible 114 that met the requirements for the charge, or 78 percent, according to prosecutors' records.

McGinty told The Plain Dealer that he believes in the death penalty when going after the worst of the worst. "The death penalty used in the correct case — a case that leaves no doubt — is, I believe, a strong deterrent to crime," McGinty said. "But the endless appeals process has undermined the death penalty.  In every case, I have to ask, 'Are we going to survive this?'  We have to take a case to a judge and jury and then face 25 years of appeals.  Is it fair to families of victims?  Is it fair putting them through a quarter century of appeals?'

Since taking office, McGinty has used an internal office review committee to examine whether the death penalty is justified in each case brought to his office.  Specifically, the panel looks at whether the crime fits the letter and spirit of the law, whether a reasonable jury would return a guilty verdict and whether it would be worth the resources to spend decades fighting the appeals. Based on the panel's recommendation and the family's wishes, McGinty makes the decision.

Life in prison without parole became an option to jurors in death-penalty cases in 1995.  Ten years later, state lawmakers made it possible for prosecutors to seek the life-without-parole sentence in other murder cases.  Years later, the trends have become quite clear.

* Death-penalty indictments dropped 77 percent, going from 81 in 2010 to 19 this year, according to records from the Ohio Public Defender's Office.

* The number of felons convicted of murder and sentenced to life in prison without parole has jumped 92 percent, going from 283 in January 2010 to 544 in October, according to state prison records.  The inmates make up about 1 percent of the 50,370 inmates in the system.

* It costs $22,836 a year to house an inmate in Ohio.  Since there are 544 serving sentences of life without parole, that means the total dollar amount for the group is $12.4 million a year.  Because many are under the age of 35, the costs will grow for years to come.

But counties and the state also bear major costs in death-penalty trials. The trials can cost hundreds of thousands of dollars prosecuting and defending complex cases at trial — and much more during the appeals process. Ohioans to Stop Executions cited a study by WHIO-TV in Dayton that found it costs $3 million to execute a person in Ohio — from arrest to death. By comparison, the television station found, it costs $1 million to keep an inmate in prison for the rest of his or her life....

For years, Ohio Public Defender Tim Young has pushed the sentence of life without parole.  "It is a good thing as an alternative to the death penalty for a myriad of reasons," Young said. "There's closure for the family, and it is cheaper to put a person in prison for life than litigating the case for 15 to 20 years. At the end of the day, it's a good thing for our society."

Others disagree.  "Yes, life without parole is the lesser of two evils, but we have to be careful of applauding these sentences," said Ashley Nellis, the senior researcher at the Sentencing Project, a Washington, D.C., group that seeks criminal justice reform.  "It would be wrong to simply toss them away and forget about them."

Nellis said she is not opposed to sending the most violent convicts to prison for life.  But she believes that their cases should be reviewed.  "These people should not be kicked to the curb," she said. "Life in prison is a death sentence, without the execution."  If there is enough evidence that shows the inmates have grown and matured behind bars, Nellis said, then they should receive consideration before the parole board or judge.

November 30, 2015 at 08:28 AM | Permalink

Comments

Imagine spending $3kk to the execution month of an admittedly guilty worst of the worst , then that prisoner dies suddenly from natural causes !

Posted by: Docile Jim Brady „ the Nemo Me ☺ Impune Lacessit guy in Oregon ‼ | Nov 30, 2015 8:51:17 AM

The entire lawyer profession, including the most conservative of them, make their living from the criminal and the legal procedures he generates. The victim is dead and generates no legal procedure. May rot.

LWOP is a license to kill better than that of James Bond, assassin for the British Secret Service. It confers absolute immunity. James has to answer to stupid civil service people who do not understand what it is like out there. He has to answer to left wing politicians, even more stupid than the civil service people.

The crime meter, short of murder, such as for battery and for rape, likely sins at supersonic speed inside the prison. And the murderer can only lose worthless privileges. As reported here, a female guard turns down the sexual advances of a murderer. He kills her inside the prison. The supervisor responds, now, he's done it. He is definitely losing cafeteria privileges, and it was not a joke. It was the only recourse. Lawyers have completely hamstrung our prison guards from keeping any kind of discipline.

Didn't we have two vicious murderers escape from a prison that was allegedly impregnable, and escape proof?

Lawyers cannot be trusted with death penalty policy, because they are using it to milk the tax payer to the tune of $billions.

Posted by: Supremacy Claus | Nov 30, 2015 11:03:44 AM

DJB. You have put your finger on it. People would be upset because all the legal procedures would be mooted on the death of the defendant. The ride on the gravy train would come to an end for the lawyers, the one on the two sides, and the one in the middle.

Posted by: Supremacy Claus | Dec 1, 2015 12:08:35 AM

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