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$4 Billion Since 1978 -- Time to Cut California's Death Penalty

Posted: 06/21/11 09:29 PM ET

New data in a study to be released next week on California's death penalty has revealed that the price tag for death is even higher than we thought: $4 billion since 1978. Put another way, we spend $184 million more per year for death penalty inmates than we do on those sentenced to life without the chance of parole. All told, California is on track to spend $1 billion on the death penalty over the next five years.

The new estimate is the result of a three-year comprehensive examination of state, federal, and local expenditures on California's death penalty by Arthur Alarcón, a federal judge on the 9th Circuit, and Paula Mitchell, a Loyola Law School professor. Mercury News called the study "highly credible" and that it made the case for replacing the death penalty "nearly indisputable." Not that anyone was disputing the wasteful spending before -- except for that guy who comments on all my blogs. By now, most folks get that the death penalty wastes hundreds of millions of our dwindling state dollars. Only now we know that it actually wastes billions.

$4 billion and what did that get us? A grand total of 13 executions. That's over $300 million per execution above the cost of life without parole.

Meanwhile, nearly half of all murders in California go unsolved. How many dangerous individuals could we have locked up permanently and taken off our streets over the last 33 years if we hadn't executed those 13 people? How many children and families could have accessed the education and health services they needed, or how many students could have had the opportunity to attend college?

Looking ahead, the study predicts another $9 billion will be spent by 2030. Unless of course Gov. Brown just cuts the death penalty spending already -- and it really is that easy.

The governor has the authority to convert all 714 of California's death sentences to life without the possibility of parole, saving California $1 billion over five years without releasing a single prisoner. Grassroots organizations and thousands of individuals around the state have been asking the governor to do just that since the day he took office, and these new figures are giving the idea more traction with those looking for budget fixes, like CNNMoney.

And here's the kicker: California voters agree. Polls as recent as April 2011 show that Californians support cutting the death penalty [PDF]. A full 63% of likely voters favor the governor converting all existing death sentences to life without parole, with the requirement that prisoners work and pay restitution into the Victims' Compensation Fund (death row inmates are not currently required to work). That support spans party and geographic lines -- majorities of Democrats, Republicans, and Independents all across the state agree. It's hard not to when there's four billion reasons.

The case is closed on the death penalty. There's no question that California's death penalty is dysfunctional and that the only thing it's killing is our economy. The experts know it, the voters know it, and our elected leaders need to acknowledge it. Tell Jerry Brown to give up the charade of the death penalty and to give back the hundreds of millions of dollars law enforcement and education leaders need to actually keep our families safe.

 

Follow James Clark on Twitter: www.twitter.com/SAFECalifornia

New data in a study to be released next week on California's death penalty has revealed that the price tag for death is even higher than we thought: $4 billion since 1978. Put another way, we spend $1...
New data in a study to be released next week on California's death penalty has revealed that the price tag for death is even higher than we thought: $4 billion since 1978. Put another way, we spend $1...
 
 
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01:47 AM on 06/27/2011
Here's a way to cut down on the cost of the criminal justice system: contract it out to Singapore.
03:49 AM on 06/25/2011
It's not the death penalty that costs, it's the legal system that drags on these convicts times. Therefore costing the stae all this money. 714 deathrow inmates? The minute you start executing, the sooner the spending and crime I am sure will go down. Thing is these people sometimes have more amenities than regualr civilians. Daily hot meals, roof over their head, Gym time, T.V. Believe me, you star executing these "unsutable for society" individuals things will change for the better.
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FTracy3
My micro-bio is as empty as the rest of my life.
01:17 PM on 06/24/2011
What do you do with the life w/o paroler who kills someone in prison? Double secret probation?
01:48 AM on 06/27/2011
Good one, Ftracy3.
mothergrace
If they knock you down, bite 'em on the ankle.
12:15 PM on 06/23/2011
Overall a bloodthirsty crowd especially in light of the fact that no particular case was highlighted for anyone to get incensed about.

The urge to kill is all too common unfortunately.
02:34 AM on 06/27/2011
I only have an urge to kill murderous bad guys. And I'm happy to let a jury decide who the murderers are.
mothergrace
If they knock you down, bite 'em on the ankle.
12:56 PM on 06/27/2011
Yes. You have given yourself permission to indulge this urge because they are the "bad guys" but the point is that if no one ever thinks about getting beyond these urges we are not going anywhere.

Besides that, juries are hardly infallible.
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Escalonz
12:08 AM on 06/23/2011
The real problem seems to me is the flawed liberal justice system which allows hundreds on death row to live to ripe old ages while their victims rot in their graves, Life sentences, which death row has become anyway, does not give these victim families closure not to mention the cheating of true justice. So what the writer is saying is to hell with justice and let us save money so we can catch more criminals? Is this realistic and wouldn't it be more economical to justly execute those condemned and serve justice too? Perhaps Governor Moonbeam and the enlightened liberal Assembly will come up with some brilliant solution provided it is not too simple. Vote more Democrats California as you deserve each other and a government that can not even balance their budget.
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JamesClark
12:44 PM on 06/23/2011
I don't think anything can give "closure" to someone who's lost a loved one to violence. But a life without parole sentence is swift and certain justice. When someone is sentenced to death, the family has the promise of "closure," but they wait decades for it and most of the time the person is never executed anyway. If the defendant were sentenced to life without parole instead, the sentence is imposed immediately -- no waiting, no uncertainty. The family can try to move on with their lives, rather than spending the next three decades in and our of court seeing the person's face and reliving the experience. Life without parole is a severe sentence for heinous crimes, it keeps us safe, and it provides real justice for communities.
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OSCPJ
Want it? Work 4 it. No 1 has ever drown in sweat.
09:01 PM on 06/22/2011
A 9MM round cost about a quarter when purchased in a box of 50. I say we either have a raffle to fire the round or have them fight Gladiator style. Sell it on Pay Per View and now we are turning a profit. I agree. We need to make the Death Penalty cheaper. I proposed a way to make money.
02:38 AM on 06/27/2011
I'm good for at least a dozen rounds.
mothergrace
If they knock you down, bite 'em on the ankle.
08:04 PM on 06/27/2011
Slavering to hunt human prey? With the thin excuse that they are "bad?"

You are right. Some people cannot be rehabilitated.
been2there
Facts have a liberal bias.
07:00 PM on 06/22/2011
Since people are imperfect, it is guaranteed that some innocent people will be convicted, and some guilty people will not. Do you believe that:
It is more important for the innocent to be acquitted or the guilty to be convicted?
How many innocent people are you willing to see die because they were A) wrongfully convicted or B) killed by someone who shouldn't have been acquitted?
These are important questions.
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Escalonz
12:43 AM on 06/23/2011
Would beyond a shadow of doubt and DNA evidence suit you? Check out some of the cases of people on death row been2there and see what you think? Yes it is important not to execute or convict but just how far do you want to go on that when over whelming evidence screams for justice?
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dbrett480
06:46 PM on 06/22/2011
This column is placed next to an article about a woman killing her child in a microwave. I'm sure almost every CA taxpayer would gladly allow their tax dollars to go towards ensuring that animal's timely demise.
mothergrace
If they knock you down, bite 'em on the ankle.
12:04 PM on 06/23/2011
Your constantly referring to people as animals is highly disturbing given that you are in law enforcement.
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dbrett480
11:19 PM on 06/23/2011
How would you refer to someone who burns their child in a microwave?
01:57 AM on 06/27/2011
Mothergrace, live 3 years in a maximum security prison for "men" (I use the term loosely) and my bet is you'll become an ardent supporter of the death penalty. You can be cellmates with Polly Klass's murderer.
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01:04 PM on 06/23/2011
Invest that money into a better mental health care system, and cases like that could be avoided!
02:04 PM on 06/22/2011
The question is can the courts going forward sentence people to life without parole who commit murder if the death penalty is dropped? If the answer is no then most would want to keep it rather than see the murderers returned to the street – as will surely happen
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JamesClark
02:38 PM on 06/22/2011
Why would the answer be know? Of course the courts going forward can continue to sentence people to life without parole. Its not choice between letting them go free or killing them, the alternative we're looking at is housing them for the rest of their lives (and saving money by not trying to kill them).
07:05 PM on 06/22/2011
Brown can't by fiat drop the death penalty. he can only convert the sentences of those already convicted. If he was to change sentencing law it would require a bill to pass the assembly and Senate and then to be signed.

It wouldn't do away with the death penalty in CA's sentencing system as proposed in this article.
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John P Slevin
http://www.winliberty.com
12:28 PM on 06/23/2011
214 Fans, that's partly correct.

In California, current Death Penalty statutes were enacted by voters via initiative; therefore, the only way to repeal and/or to amend death penalty is to put the issue(s) to a vote asking the people to repeal and/or amend---the original death penalty law was statute, enacted by the legislature in the 1870's.

Originally, executions were carried out at San Quentin, Folsom and in localities by county sheriffs, pretty much wherever they damn well pleased.

In time it got down to being a San Quentin only kind of thing.

All that was tossed by the California Supreme Court (Rose Bird court). The Briggs initiative got the voters to approve a reinstatement/expansion of the death penalty and that's where we are today.

What is passed by initiative never can be changed or abolished by the legislature.
11:09 AM on 06/22/2011
The cost problem in regards to the California penal system is with the public employee union Corrections officers. COs in CA often times make six figure salaries which is part of why the cost per prisoner in CA is double the national average.

Though if cost if really a concern for the ACLU I suppose we could do what the Chinese do. They make the family of the condemned by the bullet they are then shot with.
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dbrett480
06:44 PM on 06/22/2011
The base pay of a CO is nowhere near six figures. They get paid well if you take into account overtime, but I don't see how you can criticize someone for getting paid for working overtime.
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John P Slevin
http://www.winliberty.com
09:57 PM on 06/22/2011
Of course, "we" imprison a higher percentage of our population than do the Chinese...more than any other tyrant nation in history;

But what any civilized person can cite as a peculiarly American injustice gets little notice because black, brown, yellow and red Americans fill a disproportionate number of the cells, so few of the good white prison supporting Americans note the hyprocrisy of American law and order.
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rkmerriman
08:30 AM on 06/23/2011
I wonder if there is any chance whatsoever that the black, brown,yellow, and red Americans commit a disproportionate number of crimes? I do believe this is the most sensible explanation for the difference. It is very hard for me to believe that some white criminals are not being imprisoned because they are white, which of course is what you are incorrectly implying.
02:13 AM on 06/27/2011
And let's keep imprisoning bad guys. Crime is down in America. One of the factors is the increased incarceration rate. (See June 4, 2011 edition of The Economist, p. 36).

California is the most populous state with about one out of every eight Americans being a Californian. Have a read on the California Department of Corrections' lastest monthly population report: http://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Branch/Monthly/TPOP1A/TPOP1Ad1105.pdf
11:05 AM on 06/22/2011
If cost is an issue, I'm sure the victims' families will gladly carry out the state's duties for free. Some may even pay to watch and turn a tidy profit if pay-per-view is allowed. That wouldn't be civilized, would it?

Cost of executions are high due to automatic appeals and various lawsuits resulting from each and every potential execution. Whatever it takes to delay, irrespective of facts. Streamline this process and million could be saved. No one should be on death role for years and years. I'm sure some die of natural old age before meeting their express elevator to the afterlife (up or down but mostly down). Make the process more efficient, I'd say.
mothergrace
If they knock you down, bite 'em on the ankle.
04:43 PM on 06/22/2011
Gee, why don't we just cut to the chase and let everyone go around exacting retribution for all the crimes directly?

We could call it-vigilante justice!

As far as "streamlining" is concerned, take it up with the writers of the Constitution who wrote in protections so that innocent people were not railroaded by government.
02:27 AM on 06/27/2011
Mothergrace, we'll send the bad guys to you for rehabilitation.

Lil 'Dre: "Yo, grace, what's happening?
Grace: So nice to see you again, Andre. Did you ever enroll in your GRE classes?
Lil 'Dre: Yeah, sister, been working on it 24-7 ya know. That's why I'm here. See, I need money for books. Can you spot me a President Grant?
Grace: Didn't I give you $100 last time you were here?
Lil 'Dre: Ya did. But I had to buy medicine for my sick momma. So that's why I need more money.
Grace: Well, okay. Here's fifty dollars.
Lil 'Dre: Thanks. Can I use the bathroom?
Grace: Sure.

Grace [to herself three hours later]: I'm sure I left my purse in my bedroom. It's got to be here somewhere.
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OSCPJ
Want it? Work 4 it. No 1 has ever drown in sweat.
09:03 PM on 06/22/2011
I agree.  Fanned.  Maybe sign a waiver with your Tax returns or when you apply for a drivers liscense?
10:54 AM on 06/22/2011
No trial of any kind should take longer than 1 year and no appeal should take longer than 1 year. No matter what. The aclu has never gotten anything right, just a lot of guilty people off.
07:06 PM on 06/22/2011
Like Oliver North?
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rkmerriman
08:37 AM on 06/23/2011
I don't remember Oliver North being tried for a crime, did I miss something? What was the charge, What was the verdict? Are you trying to tell me that the ACLU helped a conservative avoid prison? I have a real problem believing any of this.
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10:51 AM on 06/22/2011
As with James Clarke's cost review, anti death penalty cost assements should be highly suspect.

Fact checking is required.

A Rebuttal to "Cut This: The Death Penalty"(1)
Death Penalty vs Life Costs in California
By Dudley Sharp, contact info below

Clark/CCFAJ's cost review is wildly inaccurate and I doubt that there is any more veracity to the death row costs than with their lifer cost evaluations. None of Clark/CCFAJ's numbers can be relied upon.

Clark says: "In total, California's death penalty system costs taxpayers $137 million per year. Contrast that with just $11 million per year if we replace the death penalty with permanent imprisonment."

For 700 inmates, that is:

death penalty costs: $137 million per year or $196,000//inmate/yr.

life imprisonment costs: $11 million/year or $15,700/inmate/yr.

It is complete utter nonsense.

Some reality:

The last full California audit (Sept 2009) found the average costs, 2007-2008, per adult inmate was $49,000/inmate/yr. (2) In 1997, it was $25,000/inmate/yr. (3).

This $49,000/inmate/yr is the average for all inmates, not the level IV security of death row inmate like criminals that will cost more, if not much more. Clark is stating that these enhanced security prisoners will cost $34,000/inmate/yr LESS than the average cost for all Ca inmates. Clark's lack of credibility is of an astounding level. Clark's analysis is laughable.

But, Clark/CCFAJ get even worse.

contd
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11:26 AM on 06/22/2011
contd

Without the death penalty, Clark/CCFAJ's select group of former death row murderers would likely be in level IV security and, as lifers, would die as geriatric prisoners or from earlier illness, likely costing on average $80,000-$100,000/inmate/yr., or more, with a rare few costing a $1 million or more per year with illness and/or geriatric stages. Geriatric problems often begins at age 50 for inmates.

NOTE: The California Medical Facility for corrections averages $83,000/inmate/yr. (4). Add to that the additional costs of Level IV security cells.

But, for Clark/CCFAJ, former death row inmates, now lifers, cost $15,700/inmate/yr.

But, it gets even worse for Clark/CCFAJ.

Clark will admit, if prodded (5) that "the figure of $137 million estimates the entire cost of the death penalty system, not simply housing, but also inclusive of all post-conviction costs, including legal appeals."

In other words, Clark is admitting escalating the death penalty costs over the alleged cost comparisons of incarceration between lifers and death row. Not at all surprising Clark excludes such from the lifer costs.

The Clark/CCFAJ's cost comparisons/evaluations are a very bad joke. Instead of making an honest apples to apples cost comparison, Clark brings us an apples to Rolls Royce cost comparison, as if it is apples to apples.

contd
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01:51 PM on 06/22/2011
contd

Sadly, California considered an objective assessment by RAND, but rejected that (6).

Saving more money?

Replace death row witrh Level IV security cells, or lower levels depending upon evaluations, as Missouri and Kansas do.

California can make their death sentenced inmates cheaper than their lifers, if they properly manage their citizens money, as Virginia does.

There is no reason for Ca death row to cost more than level IV security and a proper evaluation would likely show death row cheaper or no more expensive than Level IV.

There would be no cost savings in getting rid of death row, with the exception that, if Calif had a responsible death penalty protocol, there would be many more executed murderers, thus reducing incarceration costs on death row, saving money on incarcerations costs over other level IV prisoners.

(1) Article by James Clark, field organizer, ACLU
http://www.huffingtonpost.com/james-clark/cut-this-the-death-penalt_b_627759.html\

(2) pg 77, fiscal year 2007-2008, http://www.bsa.ca.gov/pdfs/reports/2009-107.1.pdf

(3) www.bsa.ca.gov/pdfs/reports/97125.pdf

(4) p 80, fiscal year 2007-2008, http://www.bsa.ca.gov/pdfs/reports/2009-107.1.pdf

(5) http://www.huffingtonpost.com/james-clark/cut-this-the-death-penalt_b_627759.html

(6) "Investigating the Costs of the Death Penalty in California: Insights for Future Data Collection in California, RAND Corp., 2/2008
http://www.rand.org/pubs/testimonies/2008/RAND_CT300.pdf
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JamesClark
12:48 PM on 06/22/2011
The new cost analysis will be published next week in the Loyola Law Review, you can check out their methodology then. If you don't trust the Senate Commission, this study was conducted by a federal judge (a republican), and had access to information not previously available. Yet he put the price tag even higher than CCFAJ did.
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Peter Combs
Amused by the illogical..no, NOT a Republican
10:23 AM on 06/22/2011
California should make a deal with Texas to handle things Post Conviction...
09:55 AM on 06/22/2011
They do seem to spend to much on this. Time to cut the cost of this. More victim rights would help. But aclu thinks the crimnal is the victim. They fight for these people while the family members of the victim suffer the lose. Thing become sad when the victims families have less rights then the crimnal does.
mothergrace
If they knock you down, bite 'em on the ankle.
04:46 PM on 06/22/2011
You are assuming the "criminal" is guilty. These safeguards are in place to make sure that the innocent are not prosecuted for crimes they did not commit.

Contrary to what many believe, the victim and/or their family will not be served by executing innocent people.