Editorials, Opinions — October 16, 2012 at 8:25 am

Editorial: Prop 34 – Repeal the death penalty

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Photo Courtesy of the LA Times

Our justice system isn’t infallible. Since 1973, 140 people have been found innocent and released from death rows in 26 states. Nationally, at least one person is exonerated for every 10 that are executed. We cannot trust the life of a human being in the hands of an imperfect death penalty system. Nor can we trust a system that, when applied, is largely dependent on how much money a convict has, their attorney’s skill, the victim’s race and where the crime took place. In addition, the death penalty costs Californians considerably more money than sentences of life without parole. By voting yes on Proposition 34 in November, Californians should repeal the death penalty, save the state money and avoid the risk of sentencing an innocent person. As a result, convicts would instead be given life imprisonment without parole.

In a 1995 survey of police chiefs nationwide, New York Attorney Richard C. Dieter found that they rank the death penalty lowest among ways to reduce violent crime, placing it behind curbing drug abuse, more police officers on the streets, lowering the technical barriers to prosecution, longer sentences and a better economy with more jobs. And what if new evidence reveals a convict’s innocence? It’s easier to release an inmate than revive one from the dead.

It actually costs less to keep inmates in prison than it does to enforce the death penalty. According to data from the Death Penalty Information Center, the cost of the death penalty in California has totaled over $4 billion since 1978: $1.94 billion for pretrial and trial costs, $925 million for automatic appeals and state habeas corpus petitions, $775 million for federal habeas corpus appeals and $1 billion for incarceration costs. Compare these figures to the $47,000 cost per year to incarcerate an inmate in prison.

However, it is unclear exactly how much will California save by eliminating the death penalty. Head of the California District Attorneys Association W. Scott Thorpe states that an accurate assessment of the fiscal impact is impossible, and that some costs will actually increase if the death penalty is abolished. But according to a study by U.S. 9th Circuit Court of Appeals Judge Arthur L. Alarcon and Loyola Law School professor Paula M. Mitchell, the death penalty costs the state $184 million a year. Our state, currently mired in economic woes, would undoubtedly benefit by eliminating such a costly happening.

Prop 34 states that a fund of $100 million will be distributed to law enforcement agencies in order to help solve more homicide and rape cases. But we may not know whether or not the money actually goes to what the bill proposes. Though $100 million is a large sum that can go to areas of the state that are in more need, it seems a better alternative to the death penalty, with its monumental costs, especially in recognizing the current amount required to execute an inmate.

In theory, the death penalty might sound attractive to some, but that’s assuming we live in a perfect world with an infallible justice system—one that never makes mistakes. But we don’t, unfortunately. The death penalty costs the state more than it does life without parole and seeing that California is already in a financial crisis, it is more plausible to repeal capital punishment. Californians are better off saving a great deal of much-needed money and avoiding the risk of murdering an innocent person than trusting our government to decide who should and shouldn’t be killed.

  • http://www.facebook.com/people/Chris-Bernstien/100003795981446 Chris Bernstien

    The 729 on death row murdered at least 1,279 people, with 230 children. 43 were police officers. 211 were raped, 319 were robbed, 66 were killed in execution style, and 47 were tortured. 11 murdered other inmates.

    The arguments in support of Pro. 34, the ballot measure to abolish the death penalty, are exaggerated at best and, in most cases, misleading and false.

    No “savings.” Alleged savings ignore increased life-time medical costs for aging inmates and require decreased security levels and housing 2-3 inmates per cell rather than one. Rather than spending 23 hours/day in their cell, inmates will be required to work. These changes will lead to increased violence for other inmates and guards and prove unworkable for these killers. Also, without the death penalty, the lack of incentive to plead the case to avoid the death penalty will lead to more trial and related costs and appeals.

    No “accountability.” Max earnings for any inmate would amount to $383/year (assuming 100% of earnings went to victims), divided by number of qualifying victims. Hardly accounts for murdering a loved one.

    No “full enforcement” as 729 inmates do not receive penalty given them by jurors. Also, for the 34,000 inmates serving life sentences, there will be NO increased penalty for killing a guard or another inmate. They’re already serving a life sentence.

    Efforts are also being made to get rid of life sentences. (Human Rights Watch, Old Behind Bars, 2012.) This would lead to possible paroles for not only the 729 on death row, but the 34,000 others serving life sentences. On 9/30/12, Brown passed the first step, signing a bill to allow 309 inmates with life sentences for murder to be paroled after serving as little as 15 years. Life without parole is meaningless. Remember Charles Manson and Sirhan Sirhan. Convicted killers get out and kill again, such as Darryl Thomas Kemp, Kenneth Allen McDuff, and Bennie Demps.

    Arguments of innocence bogus. Can’t identify one innocent person executed in CA. Can’t identify one person on CA’s death row who has exhausted his appeals and has a plausible claim of innocence. See http://cadeathpenalty.webs.com/

  • http://www.facebook.com/profile.php?id=1619337460 Phyllis Loya

    Even anti death penalty Gov. Jerry Brown admits there is no proof that an innocent person has ever been executed in California. Joseph Brown, a man that has made a living going around the country saying he was 17 hours shy of execution in Florida and then exonerated, has been recently arrested for the murder of his wife in North Carolina on Sept. 13th .The far greater and realistic danger is what past experience has shown us: released killers kill again. Gov Pat Brown commuted sentences of three men who had been on death row …they each killed innocent victims after their release. Death row inmates also kill other death row inmates. California have two such inmates that received a second death sentence for their prison murders.

    California’s SB9 now allows killers who had life without parole for killings committed when they were 16 or 17 to have multiple new hearings for sentence modification after serving fifteen years. Life without parole (lwop) in California is only lwop as long as our legislature says it is. As the mother of a murdered cop whose killer is one of 43 cop killers on death row, I am proud to be part of the No on 34 campaign.

    Thousands of victims support No on 34.campaign. There are 226 children murdered by death row inmates…many of them by their own family members. Who speaks for those souls? Certainly not those who support Yes on 34. The change to life without parole (lwop) is a charade.

    The death penalty in California needs fixing, not abolishing. The ACLU and their brethren who are the proponents behind the movement to repeal the death penalty argue that it is too costly. As a victim, this is an infuriating argument to hear when it is these same proponents who have created much of the costs. I also resent the millions of dollars in out of state money used to fund the Yes on 34 campaign. Fat cats from New York and Illinois should not be manipulating and controlling justice for innocent California victims. Our justice system is not for sale to the highest bidder. Visit waitingforjustice,net and help us preserve the death penalty.

  • http://www.facebook.com/profile.php?id=1619337460 Phyllis Loya

    The Yes on 34 camoaign is deceptive. It tries to sell the voters on the idea that if it passes death row inmates will have to work. That law is already on our books, but the corrections system will always have the right to determine the security risk an inmate may pose in any situation. If the 100 million to law enforcement provision was so good, why is every major law enforcement agency in California against it? That money would come from our general fund, there is no guarantee it isn’t redirected money rather than new money, and if evenly distributed among all the law enforcement agencies in California would only amount to funding each agency a detective for 11 days. Our justice system is not for sale.

    The Yes on 34 proponents also claim that the death penalty costs $137 million per year (as of 2008). Even assuming that was true, it represents a miniscule amount of California’s budget.

    ■This cost is only 1% of CDCR’s entire budget
    ■This cost is only 1/10th of 1% of California’s total budget
    By comparison, in 2010, the County of Los Angeles budgeted $214 million to remodel a single government building.