To: New Mexico – Governor Bill Richardson , the Legislature, prosecutors and
media throughout the state
From: Dudley Sharp, contact info below
Cost Comparisons: Death Penalty Cases Vs Equivalent Life Sentence Cases
Dudley Sharp, Justice Matters, contact info below
In comparing the cost of death penalty cases to other sentences, the studies are woefully incomplete.
Generally, such studies have one or more of the following problems.
1) Most studies exclude the cost of geriatric care, recently found to be $60,000-$80,000/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 every such plea bargain. The cost savings would be for trial and appeals, estimated at $500,000 to $1 million, which would accrue as a cost benefit/credit to the death penalty.
Depending upon jurisdiction, this MIGHT result in a minimal cost differential between the two sanctions or an actual net cost benefit to the death penalty, depending upon how many LWOP cases are plea bargained and how many death penalty cases result in a death sentence.
3) 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. 15 additional recent studies, inclusive of their defenses, support the deterrent effect.
No cost study has included such calculations.
Although we 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.
4) 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. Hardly an apples to apples cost comparison.
b) 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 just have easily stated that the cost of the estimated 200 death row inmates was $285,000 per case.
5) 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. This would result in a reduction in both adjudication and incarceration costs.
Judges may be the most serious roadblock in timely resolution. They can and do hold up cases, inexcusably, for long periods of time. Texas, which leads the nation in executions, by far, takes over 10 years, on average, to execute murderers. However, 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 other jurisdiction process appeals in 7-10 years. Of course, if the justices would allow it.
Justice
6) The main reason sentences are given is because jurors find that it is the most just punishment available. No state, concerned with justice, will base a decision on cost alone. If they did, all cases would be plea bargained and every crime would have a probation option.
1). “State Executions, Deterrence and the Incidence of Murder”, Paul R. Zimmerman (zimmy@att.net), March 3. 2003, Social Science Research Network, http://papers.ssrn.com/sol3/delivery.cfm/SSRN_ID354680_code021216500.pdf?abstractid=354680
copyright 2003-2009 Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
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 , VOA 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
homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www.dpinfo.com
www.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
yesdeathpenalty.googlepages.com/home2 (Sweden)
www.wesleylowe.com/cp.html
Dudley Sharp, Justice Matters, contact info below
In comparing the cost of death penalty cases to other sentences, the studies are woefully incomplete.
Generally, such studies have one or more of the following problems.
1) Most studies exclude the cost of geriatric care, recently found to be $60,000-$80,000/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 every such plea bargain. The cost savings would be for trial and appeals, estimated at $500,000 to $1 million, which would accrue as a cost benefit/credit to the death penalty.
Depending upon jurisdiction, this MIGHT result in a minimal cost differential between the two sanctions or an actual net cost benefit to the death penalty, depending upon how many LWOP cases are plea bargained and how many death penalty cases result in a death sentence.
3) 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. 15 additional recent studies, inclusive of their defenses, support the deterrent effect.
No cost study has included such calculations.
Although we 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.
4) 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. Hardly an apples to apples cost comparison.
b) 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 just have easily stated that the cost of the estimated 200 death row inmates was $285,000 per case.
5) 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. This would result in a reduction in both adjudication and incarceration costs.
Judges may be the most serious roadblock in timely resolution. They can and do hold up cases, inexcusably, for long periods of time. Texas, which leads the nation in executions, by far, takes over 10 years, on average, to execute murderers. However, 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 other jurisdiction process appeals in 7-10 years. Of course, if the justices would allow it.
Justice
6) The main reason sentences are given is because jurors find that it is the most just punishment available. No state, concerned with justice, will base a decision on cost alone. If they did, all cases would be plea bargained and every crime would have a probation option.
1). “State Executions, Deterrence and the Incidence of Murder”, Paul R. Zimmerman (zimmy@att.net), March 3. 2003, Social Science Research Network, http://papers.ssrn.com/sol3/delivery.cfm/SSRN_ID354680_code021216500.pdf?abstractid=354680
copyright 2003-2009 Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
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 , VOA 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
homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www.dpinfo.com
www.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
yesdeathpenalty.googlepages.com/home2 (Sweden)
www.wesleylowe.com/cp.html
Questions Dudley Sharp cannot answer:
1. Does the US execute the people who create the most social damage?
2. Can you explain the limitations of the econometric research you profess to know about?
3. Can you tell us about the research, including Shepherd (2005), that suggest a possible brutalizing effect on the Death penalty?
4. How do you explain that Death Penalty states have more killings of law enforcement officers?
5. Is the justice system fair to the poor in comparison to the rich?
6. Why do you think criminologists and law enforcement officials do not think the Death Penalty has much if any deterrent effect?
7. How much do people support the Death Penalty in comparison to Life Without sentences?
8. Has anybody White person ever been executed for killing a Black person in Texas?
9. Why did the ABA ask for a suspension of the Death Penalty?
What is the American Medical Association’s stand on the Death Penalty?
10. Why do you think you know more than the Pope when it comes to religious dogma and the Death Penalty?
11. Why did you fail to mention that in the studies you profess, that NRA membership was also correlated with increased murder rates?
To: Dahn Shaulis, aka Vegas Quixote, vegasquixote, theamericaninjusticesystem and anonymous
Thank you for this additional opportunity to enhance pro death penalty positions.
You write: Questions Mr. Dudley Sharp cannot answer about the Death Penalty:
REPLY: I am sorry you make things up and continue to be so negative. I am happy to address the questions.You could have, easily, researched the answers for yourself. The questions indicate that you have, as in the past, refused to.
1. Does the US execute the people who create the most social damage?
REPLY: Yes, as murder is the worst crime. This is, subjective, in the sense that I consider murder the worst crime, thusly creating the most social damage.Others may have different standards, regarding such damage. Many more deserve the death penalty. But just because many, who deserve the death penalty, don’t get it, is not a reason to not give it in those cases where murderers do deserve it. Less justice is not what we want.
2. Can you explain the limitations of the econometric research you profess to know about?
REPLY: There is a large variable rate within the 16 studies which have recently found for the deterrent effect of the death penalty, with results varying from 4-28 lives spared per execution. The variables are explained by a variety of reasons, including the fact that social sciences can not be as precise as hard science.
Such as: “Using differing methodologies and data sets at least five groups of scholars each working independently (and often without knowledge of the others) have arrived at the same conclusion—there is significant and robust evidence that executions deter some homicides. While there may be merit in some specific criticisms, none addresses the totality of the collection of studies. The probability that chance alone explains the coincidence of these virtually simultaneous conclusions is negligible.”
“Reflections on a Critique”, Dale O Cloninger and Roberto Marchesini, forthcoming Applied Economic Letters
3. Can you tell us about the research, including Shepherd (2005), that suggest a possible brutalizing effect on the Death penalty?
REPLY: The brutalization effect results have been overwhelmed by the studies finding for deterrence. Not surprising. Some antis blindly deny deterrence, for two reasons. First, deterrence tells us that the anti death penalty position results in more innocents murdered. Secondly, antis say potential murderers don’t think about consequence, yet, many of those same antis rely on the brutalization effect, which is a complex philosophical effect that says that murders will increase because of the moral example of the state, that is, because the state justly executes murderers, some criminals will be more likely to unjustly murder innocents, because of the just example of the state. It is ridiculous on its face – like saying kidnappings will increase because we incarcerate more criminals or
continued
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or criminals will become philanthropists because the state provides welfare. IT is a clear and fascinating hypocrisy that antis find it more plausible that murderers are much more likely to respond to the deep philosophical implications of the brutalization effect than they are to respond to the very clear, direct deterrent effect – you murder, we execute you. Even Shepherds results find that, if we execute more than 1 murderer ever 27 months, the brutalization effect goes away. In other words, more and quicker executions deter.
4. How do you explain that Death Penalty states have more killings of law enforcement officers?
REPLY: First, it is not a rule, across the board, that more officers are murdered in death penalty jurisdictions than in non death penalty jurisdictions. Secondly, in many cases, the death penalty is in use in those jurisdictions which have the most crime. Thirdly, in the last study I reviewed, police murders dropped as executions increased.
See Figure 14 page 20
http://www.ojp.usdoj.gov/bjs/pub/pdf/ph98.pdf
Antis make a common error on deterrence, whereby they only look at murder rates and homicide rates. What deterrence says is that there will be less net murders with the death penalty than without it.
5. Is the justice system fair to the poor in comparison to the rich?
REPLY:. With specific regard to the death penalty, no one disputes that wealthier defendants can hire better lawyers and, therefore, should have a legal advantage over their poorer counterparts. The US has executed about 0.15% of all murderers since new death penalty statutes were enacted in 1973. Is there evidence that wealthier capital murderers are less likely to be executed than their poorer ilk, based upon the proportion of capital murders committed by different those different economic groups? Not to my knowledge. With regard to overall fairness, I think many more guilty criminals should suffer sanction, than currently do. The greatest unfairness is how innocent victims do not find justice.
6. Why do you think criminologists and law enforcement officials do not think the Death Penalty has much if any deterrent effect?
REPLY: Probably because 4-28 innocents saved per execution, although a huge positive effect, does not have a noticeable effect on the murder rate. For example, at 30 executions per year, that is 120-840 innocents saved per year. Sadly, that has a small effect on the annual US murder rate, but it is a huge number if you care about innocent lives.
7. How much do people support the Death Penalty in comparison to Life Without sentences?
REPLY: About 80% of US citizens support the death penalty for specific crimes. About 95% of US citizens support both the death penalty and life without parole, therefore the death penalty and other options are widely supported.
continued 1
continued 2
I think Dahn is looking for a confirmation of inaccurate interpretations, as per his question. Instead of confirming inaccuracies, as Dahn does, it is better to set the record straight.
read paragraph Distortion: Death Penalty vs Life Without Parole Polls at
dudleysharp // January 22, 2009 9:21 AM
Death Penalty Polls – Support Remains Very High
http://smarttalk.witf.org/2009/01/thursdays-radio-smart-talk_21.html
8. How many White people have been executed for killing a Black person in Texas?
REPLY: Last time I reviewed, it was one. What is it, now?
9. Why did the ABA ask for a suspension of the Death Penalty?
REPLY: Because they are opposed to the death penalty and used inaccurate and incomplete reviews to find for a predetermined result.
SEE “ABA’s Proposed Moratorium Relies on Flimsy Facts”, by Dudley Sharp, The Texas Lawyer, March 16, 1997. An article showing how inaccurate and misleading the American Bar Association was in their foundation in asking for a moratorium on
executions.
10. What is the American Medical Association’s stand on the Death Penalty?
REPLY: They are wrongly opposed to it.
SEE several responses at
http://unchealthcare.wordpress.com/2008/12/08/clap-hands-here-comes-charlie/
continued 2
continued 3
11. Why do you think you know more than the Pope when it comes to religious dogma and the Death Penalty?
REPLY: I don’t. However, it is clear that the Pope John Paul II made some significant errors in reason, as well as major omissions with theology and tradition, within his assessment of the death penalty. Had you researched it, you would know that as well. See the two references, just below.
Recently deceased “(Avery Cardinal) Dulles hazarded the guess that this “internal solidification,” as it plays out over the next half-century or so, might carry the church back to different positions on some matters than those taken by the popes who unleashed it. Specifically, Dulles said, his hunch was that the church may ultimately return to a “more traditional posture” on both the death penalty and the idea of a “just war.”
“An unpublished interview with Avery Dulles”, All Things Catholic by John L. Allen, Jr., NCRcafe.org, Posted on Dec 19, 2008, at http://ncrcafe.org/node/2340
Dahn, read in their entirety:
Christian Scholars: Support for the Death Penalty
dudleysharp // January 22, 2009 8:54 AM
http://smarttalk.witf.org/2009/01/thursdays-radio-smart-talk_21.html
and
Pope John Paul II: Prudential Judgement & the Death Penalty:
At 1/21/2009 4:28 PM, dudleysharp
http://proecclesia.blogspot.com/2009/01/seeking-justice-capital-punishment.html
12. Why did you fail to mention that in the studies you profess, that NRA membership was also correlated with increased murder rates?
REPLY: First, I didn’t know that. Secondly, had I, I would have considered that correlation doesn’t mean connection, so I still wouldn’t have mentioned it. It is, however, possible, that in jurisdictions with the most murders, that many law abiding citizens are more likely to arm themselves for self protection and that such folks are more likely to be NRA members. Pure speculation. Maybe you can research it.
continued 3
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In Nevada, I can tell you from my professional experience that Death Row does not house “the worst of the worst.” Historically, the Death Penalty in Nevada has been fraught with injustice based on inequalities of race and class. “Mitigating” and “aggravating” factors are particularly racially biased (see this link)
http://www.reviewjournal.com/lvrj_home/2002/Feb-12-Tue-2002/news/18077588.html
While it’s difficult to know for sure that an innocent person has died in the Nevada Death Chamber, I do know that Victor Jimenez and Roberto Miranda were both released after serving years on Death Row. In 2006, Mr. Miranda settled out of court for $5,000,000.
http://www.nlada.org/DMS/Documents/1089316454.29/24212850.html
I can also tell you that anecdotally, one can look at those who have not received the Death Penalty, offenders such as Chaz Higgs and Darren Mack, and realize that the Death Penalty is not dealt out evenly. As ethics professor Jeffrey Reiman has noted, corporate and governmental actions which can cause much more social damage and death are not even considered capital crimes.
Arguments Against the Death Penalty
1. First, and most importantly, the Death Penalty is a punishment that violates contemporary and evolving “standards of decency” held in the Western industrialized world.
The US trails the worldwide long-term humanitarian trend to abolish the Death Penalty. Since World War II, nearly one hundred nations have abolished the Death Penalty or created long moratoriums. The Vatican consistently opposes the Death Penalty while Methodists argue that “the Death Penalty denies the power of Christ to redeem, restore and transform all human beings.” Witnesses to executions such as Pastor Carroll Picket, a former Texas prison chaplain, have articulated the immoral and barbaric nature of killing people to show killing is wrong.
Most of the nations who maintain and use the Death Penalty have extensive human rights problems. The US joins China, Vietnam, Iran, Pakistan, Saudi Arabia, and Iraq as one of a few nations that continues to regularly execute people. Japan and Singapore are the only other highly industrialized nations to carry out capital punishment.
Abolishing the US Death Penalty would not be unique. Executions were prohibited in the US from 1972 to 1976 after the Furman v. Georgia decision. In the last decade, the Supreme Court has determined that executions of low IQ individuals (2002) and juveniles (2005) violated the 8th Amendment and were unconstitutional. The US, though, continues to execute mentally ill people and non-citizens, which is a violation of international law. In 2007, a national moratorium was placed until lethal injection questions could be answered.
While The American Medical Association confusingly allows doctors to participate in executions, it also states “a physician, as a member of a profession dedicated to preservin
Mr. Dudley Sharp, why don’t you give me the adequate space to adequately respond to your misleading and evasive responses?
(1) Mr. Dudley Sharp, please list the 27 research studies from 2000 onward that you claim to show a deterrence effect. Not a link, but actual names, dates, and journals.
(2) Please explain Kovandzic and Vieraitis’ panel study in Criminology and Public Policy using more contemporary data than any of the studies you cite.
(3) Please, Mr. Dudley Sharp, explain Dr. Paul Zimmerman’s research that indicates a deterrence effect only in electrocution.
(4) Please, Mr. Dudley Sharp, also comment on Professor Joanna Shepherd’s research on brutalization and on her suggestion that states such as California abolish their Death Penalty.
(5) If gun membership is related to murder rates, as the Emory research suggests (research you often refer to), would you, Mr. Dudley Sharp, oppose gun control measures?
(6)Please tell us Mr. Sharp how important the Death Penalty is for reducing murders, as opposed to other variables (e.g. gun control, economic justice, early childhood education).
(7) Please also provide a response to the conclusion of researchers that the results of econometric Death Penalty studies do not fall within the bounds of credibility,
(8) Please list the number of nations that have added or eliminated the Death Penalty since World War II.
(9) Please tell us what nations hold the most executions.
Dahn is a silly fellow who has followed me around the web for years, making false accusations and making no contributions to the death penalty discussion.
My thorough responses to him, here, which demonstrate, again, that anti death penalty claims are either false or that the pro death penalty positions are stronger. His nonsense on brutalization is addressed.
The responses to his comments are about 1/3 down.
http://en.allexperts.com/q/Crime-Law-Enforcement-341/2011/7/death-penalty-23.htm
you had much space as anyone does and you decided not to respond for 2 1/2 years to respond.
You are simply a harrassing annoyance, as with our recent exchange, here:
http://en.allexperts.com/q/Crime-Law-Enforcement-341/2011/7/death-penalty-23.htm