Smart on crime Reconsidering the Death Penalty in a Time of Economic Crisis National Poll of Police Chiefs Puts Capital Punishment at Bottom of law Enforcement Priorities A Report from the Death Penalty Information Center DP4 indd 1 0/17/099: 45 AM
Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis National Poll of Police Chiefs Puts Capital Punishment at Bottom of Law Enforcement Priorities A Report from the Death Penalty Information Center DP4.indd 1 10/17/09 9:45 AM
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Smart on crime Reconsidering the death penalty in a time of economic crisis National Poll of Police Chiefs Puts Capital Punishment at Bottom of law Enforcement Priorities A Report from the Death Penalty Information Center by richard C Dieter, Executive Director Washington, DC October 2009 www.deathpenaltyinfo.org DP4indd 3
Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis National Poll of Police Chiefs Puts Capital Punishment at Bottom of Law Enforcement Priorities A Report from the Death Penalty Information Center by Richard C. Dieter, Executive Director Washington, DC October 2009 www.deathpenaltyinfo.org DP4.indd 3 10/17/09 9:45 AM
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RECONSIDERING THE DEATH PENALTY INA TIME OF ECONOMIC CRISIS Table of contents Executive sumi Introduction 8 The Views of Law Enforcement- Police chiefs poll 9 The Crisis Facing State Criminal Justice Systems 12 How much does the death penalty cost? 14 Can the Costs of the Death Penalty Be Reduced? 18 Why Does the Death Penalty Cost So Much? 20 What is Society Receiving in Return? 22 Conclusion 23 References 24 DP4 indd 5
RECONSIDERING THE DEATH PENALTY IN A TIME OF ECONOMIC CRISIS 5 Executive Summary Introduction The Views of Law Enforcement – Police Chiefs Poll The Crisis Facing State Criminal Justice Systems How much does the death penalty cost? Can the Costs of the Death Penalty Be Reduced? Why Does the Death Penalty Cost So Much? What is Society Receiving in Return? Conclusion References Table of Contents 6 8 9 12 14 18 20 22 23 24 DP4.indd 5 10/17/09 9:45 AM
RECONSIDERING THE DEATH PENALTY INA TIME OF ECONOMIC CRISIS Executive Summary Smart on Crime"is a new report from the California is spending an estimated $137 Death Penalty Information Center that explores the million per year on the death penalty and has not serves to release a national poll of police chiefs in which they rank the death penalty at the bottom of million for each execution it carries out. A recent their priorities for achieving a safer society. study in Maryland found that the bill for the death penalty over a twenty-year period that produced five The death penalty in the U.S. is an executions will be 5186 million. Other states like New enormously exp ensive and wasteful program with no York and New Jersey spent well over $100 million on lear benefits. All of the studies on the cost of capital a system that produced no executions. Both re punishment conclude it is much more expensive than a system with life sentences as the maximum expenditure makes little sense. The death penalty may penalty. In a time of painful budget cutbacks, states serve some politicians as a rhetorical scare tactic, but are pouring money into a system that results in a it is not a wise use of scarce criminal justice funding declining number of death sentences and executions that are almost exclusively carried out in just one In 2009, eleven state legislatures considered area of the country. As many states face further bills to end capital punishment and its high costs deficits, it is an appropriate time to consider whether were part of these debates. New Mexico abolished maintaining the costly death penalty system is being the death penalty and the Connecticut legislature smart on crime passed an abolition bill before the governor vetoed it. One house of the legislatures in Montana and The nations police chiefs rank the death Colorado voted to end the death penalty, and the penalty last in their priorities for effective crime Colorado bill would have directed the cost savings to solving cold cases. As the economic crisis continues, penalty acts as a deterrent to murder, and they rate it the trend of states reexamining the death penalty as one of most inefficient uses of taxpayer dollars in light of its costs is expected to continue fighting crime. Criminologists concur that the death penalty does not effectively reduce the number of The report that follows analyzes the costs murde of the death penalty as measured in various state studies. It examines why the death penalty is so Around the country, death sentences expensive and why it may be impossible to cut have declined 60% since 2000 and executions have those costs without endangering fundamental declined almost as much. Yet maintaining a system rights. The report looks closely at the opinions of with 3, 300 people on death row and supporting new law enforcement experts and finds little support for prosecutions for death sentences that likely will continuing to spend enormous sums on an ineffective be carried out is becoming increasingly expensive and program when so many other areas of need are being harder to justify. The money spent to preserve this short changed. Many states are looking at the death failing system could be directed to effective programs penalty in a new light because of the economic crisis, that make society safer realizing that being smart on crime means investing in programs that really work DP4 indd 6
RECONSIDERING THE DEATH PENALTY IN A TIME OF ECONOMIC CRISIS 6 Executive Summary “Smart on Crime” is a new report from the Death Penalty Information Center that explores the prospect of saving states hundreds of millions of dollars by ending the death penalty. The report also serves to release a national poll of police chiefs in which they rank the death penalty at the bottom of their priorities for achieving a safer society. The death penalty in the U.S. is an enormously expensive and wasteful program with no clear benefits. All of the studies on the cost of capital punishment conclude it is much more expensive than a system with life sentences as the maximum penalty. In a time of painful budget cutbacks, states are pouring money into a system that results in a declining number of death sentences and executions that are almost exclusively carried out in just one area of the country. As many states face further deficits, it is an appropriate time to consider whether maintaining the costly death penalty system is being smart on crime. The nation’s police chiefs rank the death penalty last in their priorities for effective crime reduction. The officers do not believe the death penalty acts as a deterrent to murder, and they rate it as one of most inefficient uses of taxpayer dollars in fighting crime. Criminologists concur that the death penalty does not effectively reduce the number of murders. Around the country, death sentences have declined 60% since 2000 and executions have declined almost as much. Yet maintaining a system with 3,300 people on death row and supporting new prosecutions for death sentences that likely will never be carried out is becoming increasingly expensive and harder to justify. The money spent to preserve this failing system could be directed to effective programs that make society safer. California is spending an estimated $137 million per year on the death penalty and has not had an execution in three and a half years. Florida is spending approximately $51 million per year on the death penalty, amounting to a cost of $24 million for each execution it carries out. A recent study in Maryland found that the bill for the death penalty over a twenty-year period that produced five executions will be $186 million. Other states like New York and New Jersey spent well over $100 million on a system that produced no executions. Both recently abandoned the practice. This kind of wasteful expenditure makes little sense. The death penalty may serve some politicians as a rhetorical scare tactic, but it is not a wise use of scarce criminal justice funding. In 2009, eleven state legislatures considered bills to end capital punishment and its high costs were part of these debates. New Mexico abolished the death penalty and the Connecticut legislature passed an abolition bill before the governor vetoed it. One house of the legislatures in Montana and Colorado voted to end the death penalty, and the Colorado bill would have directed the cost savings to solving cold cases. As the economic crisis continues, the trend of states reexamining the death penalty in light of its costs is expected to continue. The report that follows analyzes the costs of the death penalty as measured in various state studies. It examines why the death penalty is so expensive and why it may be impossible to cut those costs without endangering fundamental rights. The report looks closely at the opinions of law enforcement experts and finds little support for continuing to spend enormous sums on an ineffective program when so many other areas of need are being short changed. Many states are looking at the death penalty in a new light because of the economic crisis, realizing that being smart on crime means investing in programs that really work. DP4.indd 6 10/17/09 9:45 AM
Smart on crime. Reconsidering the death penalty in a time of economic crisis National Poll of Police Chiefs Puts Capital Punishment at Bottom of law Enforcement Priorities WJe must move beyond Local jurisdictions are likely the narrow parameters that have to lose a significant amount ofstate onstrained our nation's debate funding this year because of the about criminal justice policy over severe financial crisis. This funding the last several decades. there is no helps cities and counties provide doubt that we must be "tough on essential services in the areas of crime But we must also commit public safety, emergency services, our and health and children 's services. Without it, our Attorney General Eric Holder communities will no doubt suffer dire consequences At the same time, we continue to waste hundreds of Give a law enforcement millions on the states dysfunctional death penalty professional like me that $250 If we replaced the death penalty with a sentence of permanent imprisonment, the state would save ty isn't more than $125 million each year. We havent had an execution in California for three years. Are we any less -Police Chief james Abbott safe as a result ?/don 't think so photo by John Goodwin West Orange, Nj -police chief Ray Samuels, Newark, CA DP4 indd 7 10M17099:45AM
7 [W]e must move beyond the narrow parametersthat have constrained our nation’s debate about criminal justice policy over the lastseveral decades. There is no doubt that we must be “tough on crime.” But we must also commit ourselvesto being “smart on crime.” -Attorney General Eric Holder1 Give a law enforcement professional like me that $250 million, and I’llshow you how to reduce crime. The death penalty isn’t anywhere on my list. -Police Chief James Abbott, West Orange, NJ2 Local jurisdictions are likely to lose a significant amount ofstate funding this year because of the severe financial crisis. Thisfunding helps cities and counties provide essentialservicesin the areas of public safety, emergency services, and health and children’sservices. Without it, our communities will no doubtsuffer dire consequences. At the same time, we continue to waste hundreds of millions on the state’s dysfunctional death penalty. If we replaced the death penalty with a sentence of permanent imprisonment, the state would save more than $125 million each year. We haven’t had an execution in California for three years. Are we any less safe as a result?I don’t think so. -Police Chief Ray Samuels, Newark, CA3 Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis National Poll of Police Chiefs Puts Capital Punishment at Bottom of Law Enforcement Priorities photo by John Goodwin DP4.indd 7 10/17/09 9:45 AM
RECONSIDERING THE DEATH PENALTY INA TIME OF ECONOMIC CRISIS Introduction For many states the impact of the economic took action to end the financial drain caused by the recession is likely to be felt for years to come. The death penalty even before the current downturn unemployment rate may surpass 10%, and 2009 will probably be worse than 2008 in state income and in The death penalty has been a bloated demands for services. Most states are facing new government program for many decades. The death budget shortfalls in the coming fiscal year, and further penalty is not just expensive, it is wasteful. In most cuts in state spending are inevitable places the money is being spent even as the core measures of the system-death sentences and Not surprisingly, the criminal justice system executions-have declined precipitously: It is as if a is feeling the consequences of this downturn ar manufacturer was keeping all of its factories and along with other sectors of the economy. Police showrooms open even though it was producing only departments are cutting back, state employees are a handful of cars that hardly anyone was buying being furloughed, trials are being delayed as courts and public defenders run out of money, and prisoners This is an appropriate time to examine are being released early. The justice system was the death penalty as a pragmatic issue-to ask, Is already overburdened-now it is being pushed to the it working? Is it functioning as envisioned, and is breaking point it benefiting society? Whether any societal gain is derived from the death penalty will be discussed In every sector of the economy governments more below. But even at the most basic level of are trying to eliminate wasteful programs while executions the death penalty is dysfunctional. In most preserving essential services. This report examines states there were no executions last year and none on one reasonable step that could save hundreds of the horizon. Almost all recent executions have been millions of dollars in the criminal justice system: end in just one region of the country-the south -and the enormously expensive and wasteful death most of those have been in one state- Texas the penalty that is draining state budgets. Every cost death penalty without executions is a very expensive study in the U.S. shows that the death penalty is far form of life without parole more expensive than a system where the maximum penalty is life in prison. The following evidence shows that many in the law enforcement community believe I no longer believe that you that replacing the death penalty with life without can fix the death penalty. I learned parole would actually advance the fundamental goals that the death penalty throws of the criminal justice system. The report also explains millions of dollars down the drain why the death penalty is so expensive and estimates -money that I could be putting the costs to the nation for retaining it. directly to work fighting crime every ly--while dragging vic The judgment that the death penalty is families through a long and torturous process that the last place that scarce criminal justice dollars only exacerbates their pain.. Give a law enforcement should go is supported by a growing number of law professional like me that S250 million, and I'lIshow you enforcement officials and backed by a national poll of how to reduce crime. The death penalty isn't anywhere police chiefs that is being released in this report. The on my list. poll reveals that the death penalty is at the bottom of -Police Chief James Abbott(NJ) the chiefs' list when it comes to wise spending to fight The problem is not simply the high cost of capital punishment in a time of economic crisis. Indeed, some states like New York and new jersey DP4 indd 8
RECONSIDERING THE DEATH PENALTY IN A TIME OF ECONOMIC CRISIS 8 Introduction For many states the impact of the economic recession is likely to be felt for years to come. The unemployment rate may surpass 10%, and 2009 will probably be worse than 2008 in state income and in demands for services. ⁴ Most states are facing new budget shortfalls in the coming fiscal year, and further cuts in state spending are inevitable.⁵ Not surprisingly, the criminal justice system is feeling the consequences of this downturn along with other sectors of the economy. Police departments are cutting back, state employees are being furloughed, trials are being delayed as courts and public defenders run out of money, and prisoners are being released early. The justice system was already overburdened—now it is being pushed to the breaking point. In every sector of the economy governments are trying to eliminate wasteful programs while preserving essential services. This report examines one reasonable step that could save hundreds of millions of dollars in the criminal justice system: end the enormously expensive and wasteful death penalty that is draining state budgets. Every cost study in the U.S. shows that the death penalty is far more expensive than a system where the maximum penalty is life in prison. The following evidence shows that many in the law enforcement community believe that replacing the death penalty with life without parole would actually advance the fundamental goals of the criminal justice system. The report also explains why the death penalty is so expensive and estimates the costs to the nation for retaining it. The judgment that the death penalty is the last place that scarce criminal justice dollars should go is supported by a growing number of law enforcement officials and backed by a national poll of police chiefs that is being released in this report. The poll reveals that the death penalty is at the bottom of the chiefs’ list when it comes to wise spending to fight crime. The problem is not simply the high cost of capital punishment in a time of economic crisis. Indeed, some states like New York and New Jersey took action to end the financial drain caused by the death penalty even before the current downturn. The death penalty has been a bloated government program for many decades. The death penalty is not just expensive, it is wasteful. In most places the money is being spent even as the core measures of the system—death sentences and executions—have declined precipitously.6 It is as if a car manufacturer was keeping all of its factories and showrooms open even though it was producing only a handful of cars that hardly anyone was buying. This is an appropriate time to examine the death penalty as a pragmatic issue—to ask, Is it working? Is it functioning as envisioned, and is it benefiting society? Whether any societal gain is derived from the death penalty will be discussed more below. But even at the most basic level of executions the death penalty is dysfunctional. In most states there were no executions last year and none on the horizon. Almost all recent executions have been in just one region of the country—the south—and most of those have been in one state—Texas.7 The death penalty without executions is a very expensive form of life without parole. I no longer believe that you can fix the death penalty. I learned that the death penalty throws millions of dollars down the drain- -money that I could be putting directly to work fighting crime every day--while dragging victims’ familiesthrough a long and torturous processthat only exacerbatestheir pain. . . Give a law enforcement professional like me that $250 million, and I’llshow you how to reduce crime. The death penalty isn’t anywhere on my list.i -Police Chief James Abbott (NJ) photo by John Goodwin DP4.indd 8 10/17/09 9:45 AM
RECONSIDERING THE DEATH PENALTY INA TIME OF ECONOMIC CRISIS The views of law Enforcement Police Chief James Abbott of West Orange, The police chiefs had the opportunity to New Jersey, quoted above, served on a legislative identify what they believe is most effective in fighting commission that reviewed that states death penalty. crime. As leaders in law enforcement, they were asked The commission eventually overwhelmingly where the death penalty fit in their priorities. The poll recommended abolition of the death penalty. Chief Abbott is part of a growing number of law enforcement officials who have concluded that there When asked to name one area as"most are much smarter ways to reduce crime than wasting important for reducing violent crime greater use money on the death penalty. A newly released of the death penalty ranked last among the police national poll of police chiefs shows a high degree chiefs, with only 1% listing it as the best way to reduce of skepticism about the death penalty and a strong violence. Instead, increasing the number of police desire to spend limited funds more productively officers, reducing drug abuse, and creating a better elsewhere economy and more jobs all ranked much higher than the death penalty. Police chiefs poll The death penalty was considered the least efficient use of taxpayers money. Police The poll was commissioned by the Death chiefs ranked expanded training for police officers, Penalty Information Center and conducted by R.T. community policing, programs to control drug and Strategies of Washington, D.C., surveying a national alcohol abuse, and neighborhood watch programs as sample of 500 randomly selected police chiefs in the more cost-effective ways to use taxpayers'money. hat Interferes with effective law enforcement? Lack of law enforcement resource Drug/Alcohol Abuse Family problems/child abuse ack of programs for mentally ill Crowded courts Ineffective prosecution 6 Too many gu uns Insufficient use of the death penalty Percent Ranking Item as one of top two or three
RECONSIDERING THE DEATH PENALTY IN A TIME OF ECONOMIC CRISIS 9 The Views of Law Enforcement Police Chief James Abbott of West Orange, New Jersey, quoted above, served on a legislative commission that reviewed that state’s death penalty. The commission eventually overwhelmingly recommended abolition of the death penalty. Chief Abbott is part of a growing number of law enforcement officials who have concluded that there are much smarter ways to reduce crime than wasting money on the death penalty. A newly released national poll of police chiefs shows a high degree of skepticism about the death penalty and a strong desire to spend limited funds more productively elsewhere. Police Chiefs Poll The poll was commissioned by the Death Penalty Information Center and conducted by R.T. Strategies of Washington, D.C., surveying a national sample of 500 randomly selected police chiefs in the United States.8 The police chiefs had the opportunity to identify what they believe is most effective in fighting crime. As leaders in law enforcement, they were asked where the death penalty fit in their priorities. The poll found: • When asked to name one area as “most important for reducing violent crime,” greater use of the death penalty ranked last among the police chiefs, with only 1% listing it as the best way to reduce violence. Instead, increasing the number of police officers, reducing drug abuse, and creating a better economy and more jobs all ranked much higher than the death penalty.9 • The death penalty was considered the least efficient use of taxpayers’ money. Police chiefs ranked expanded training for police officers, community policing, programs to control drug and alcohol abuse, and neighborhood watch programs as more cost-effective ways to use taxpayers’ money.10 What Interferes with Effective Law Enforcement? Lack of law enforcement resource Drug/Alcohol Abuse Family problems/child abuse Lack of programs for mentally ill Crowded courts Ineffective prosecution Too many guns Gangs Insufficient use of the death penalty Percent Ranking Item as One of Top Two or Three 0 5 10 15 20 25 20 20 14 12 7 6 5 3 2 DP4.indd 9 10/17/09 9:45 AM
RECONSIDERING THE DEATH PENALTY INA TIME OF ECONOMIC CRISIS Police chiefs views Politicians support the death penalty as a symbolic way to show they are tough on crime Death penalty cases are hard to close and take up a lot of police time 32 Debates about the death penalty distract Congress and state legislatures from focusing on real 42 the number of homicides The death penalty is one of the most important law enforcement tools 31 Murderers think about the range of possible punishments before committing homicides 24 69 0102030405060708090100 Accurate Innaccurate Percent Finding statement Accurate/Innacurate The police chiefs did not believe that Of various statements about the death criminals generally consider the consequences of penalty, the one with which the police chiefs most percent(57%)said the death penalty does little o identified was:"Philosophically, I support the their actions when engaged in violence. Fifty-sever death penalty, but I don' t think it is an effective law prevent violent crimes because perpetrators rarely enforcement tool in practie consider the consequences when engaged in violence The police chiefs rejected any suggestion that insufficient use of the death penalty interfered Although the police chiefs did not oppose with their work. When asked about obstacles to the death penalty in principle, less than half effective law enforcement, the police chiefs ranked (47%)supported it compared to a sentence of insufficient use of the death penalty last in a list of life imprisonment without parole combined with nine issues, with only 2% saying it was one of their top mandatory restitution by the defendant to the concerns.Even in the south, only 3% of the police chiefs chose greater use of the death penalty as one of their top priorities. Instead, chiefs throughout the Barely a quarter of the police chiefs polled country identified lack of law enforcement resources, believed expanding the death penalty, which they drug and alcohol abuse, family problems, and the lack viewed as slow and cumbersome, would alleviate of secure treatment for the mentally ill as their top crime DP4 indd 10
RECONSIDERING THE DEATH PENALTY IN A TIME OF ECONOMIC CRISIS 10 • The police chiefs did not believe that criminals generally consider the consequences of their actions when engaged in violence. Fifty-seven percent (57%) said the death penalty does little to prevent violent crimes because perpetrators rarely consider the consequences when engaged in violence.11 • Although the police chiefs did not oppose the death penalty in principle, less than half (47%) supported it compared to a sentence of life imprisonment without parole combined with mandatory restitution by the defendant to the victim.12 • Barely a quarter of the police chiefs polled believed expanding the death penalty, which they viewed as slow and cumbersome, would alleviate crime.13 •Of various statements about the death penalty, the one with which the police chiefs most identified was: “Philosophically, I support the death penalty, but I don’t think it is an effective law enforcement tool in practie.” The police chiefs rejected any suggestion that insufficient use of the death penalty interfered with their work. When asked about obstacles to effective law enforcement, the police chiefs ranked insufficient use of the death penalty last in a list of nine issues, with only 2% saying it was one of their top concerns.15 Even in the south, only 3% of the police chiefs chose greater use of the death penalty as one of their top priorities. Instead, chiefs throughout the country identified lack of law enforcement resources, drug and alcohol abuse, family problems, and the lack of secure treatment for the mentally ill as their top problems. Police Chiefs’ Views Politicians support the death penalty as a symbolic way to show they are tough on crime Death penalty cases are hard to close and take up a lot of police time. Debates about the death penalty distract Congress and state legislatures from focusing on real solutions to crime problems. The death penalty significantly reduces the number of homicides The death penalty is one of the most important law enforcement tools Murderers think about the range of possible punishments before committing homicides 69 61 50 37 31 24 24 32 42 48 66 69 Percent Finding Statement Accurate/Innacurate 0 10 20 30 40 50 60 70 80 90 100 Accurate Innaccurate DP4.indd 10 10/17/09 9:45 AM