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Not Cruel and Unusual, but Costly, Punishment ^ | July 17, 2011 | Debra J. Saunders

Posted on 07/17/2011 8:13:21 AM PDT by Kaslin

Democratic California state Sen. Loni Hancock is pushing legislation to end California's death penalty. "Capital punishment is an expensive failure and an example of the dysfunction of our prisons," she explained in a statement. "California's death row is the largest and most costly in the United States. It is not helping to protect our state; it is helping to bankrupt us."

You have to hand this to death penalty opponents: For decades, capital punishment opponents have tried to thwart California's 1978 death penalty law with frivolous appeals that clog courts, delay punishment and burn through taxpayers' dollars. They now have been so successful that they can argue that California's death penalty doesn't work and costs too much.

Hancock is right about the dysfunction. Since 1978, California has executed 13 inmates, even though juries have sent close to 800 inmates to death row. California's lethal-injection protocol has been on hold since February 2006, when U.S. District Judge Jeremy Fogel stayed the execution of convicted rapist/murderer Michael Morales, lest Morales suffer any pain.

Death row inmates are likelier to kill themselves than they are to be executed. A new report published in the Loyola of Los Angeles Law Review notes that 78 inmates died on death row from natural causes or violence.

The report also lays out the costs of the death penalty. If you take the $4 billion it estimates that state and federal taxpayers have paid since 1978 to administer California's death penalty and then divide that number by 13, you find that each execution cost $308 million on average. The report estimates that the death penalty cost Californians $184 million in 2009.

In response to the report, Hancock put together SB 490, which would replace the death penalty with a sentence of life without parole. Hancock spokesman Larry Levin explained that the death penalty has been a "third rail" of California politics, but with the report's new numbers on the law's price tag, "we saw a moment."

One of the report's co-authors, Loyola law professor Paula M. Mitchell, told the Los Angeles Times she wants to abolish the death penalty. The other, Judge Arthur L. Alarcon, was on the three-judge panel that denied the appeal of Robert Alton Harris, who killed two 16-year-old boys before his 1992 execution.

On the one hand, the report does a solid job quantifying how much taxpayers must pay for the death penalty. Mitchell and Alarcon even found numbers that estimate defense costs for inmate appeals -- an average of $635,000 on federal appeals alone.

On the other hand, the authors gloss over the role of frivolous appeals and bonehead rulings by federal judges. The report states that federal courts granted new trials or penalty hearings in roughly 70 of 100 now-disposed cases. That means federal judges have overturned juries in cases reviewed by state courts in 7 in 10 cases.

Kent Scheidegger of the tough-on-crime Criminal Justice Legal Foundation puts the onus on the 9th U.S. Circuit Court of Appeals, where too many judges are "simply looking for a reason to reverse."

When I asked Hancock whether the 9th Circuit's 70 percent reversal rate bothers her, she answered, "No, not if they're following the law."

And: "Thank God we have a constitution. We're not one of those countries where they cut off hands and execute people without due process."

Don Heller wrote California's 1978 death penalty ballot measure. He now opposes capital punishment. A former prosecutor, he told me that he "evolved" in private practice after dealing more closely with defendants and seeing too many "pretty inept" lawyers representing capital cases. He concluded, "We're just spending way too much money for a system that has flaws in it."

In a letter to Hancock, Scheidegger hit the report for leaving out the savings of the "plea bargain effect," i.e., when murderers plead guilty -- forfeiting the chance they might be found not guilty at trial -- in order to avoid capital punishment. "What would happen to those cases if there were no death penalty?"

And what happens when California's death row lawyers discover they've got time on their hands and a receptive audience in the 9th Circuit? Next argument: Life without parole is too expensive.

TOPICS: Culture/Society; Editorial; Government

1 posted on 07/17/2011 8:13:23 AM PDT by Kaslin
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To: Kaslin
Capital punishment is an expensive failure...

How is it a failure? Everyone they executed is dead. I'd say the success rate is 100%

2 posted on 07/17/2011 8:17:02 AM PDT by Cowboy Bob (Greed + Envy = Liberalism)
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To: Kaslin

Hey Senator Loni...

What’s the recidivism rate for those who have been executed? Dumba$$.

3 posted on 07/17/2011 8:20:43 AM PDT by Common Sense 101 (Hey libs... If your theories fly in the face of reality, it's not reality that's wrong.)
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To: Kaslin

“Capital punishment is an expensive failure and an example of the dysfunction of our prisons,”

.22 cal through temple is cheaper than ice-cream cone

4 posted on 07/17/2011 8:25:48 AM PDT by SF_Redux (Sarah stands for accountablility and personal responsiblity, democrats can't live with that)
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To: Kaslin

I’ve always found the cost of the death penalty to be a curious argument by its opponents.

Are they telling us that someone sentenced to life in prison with no chance of parole would not have the same access to appeal and review as someone sentenced to death?

Really? This would more humane and cost effective?

5 posted on 07/17/2011 8:26:32 AM PDT by BigBobber
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To: Kaslin

It’s a failure because they’re too sissified to actually execute anyone. Here in Texas, we take out the trash on a regular basis. If you just let it build up around you, the odor simply becomes pungent and attracts vermin.

Executing society’s extreme outcasts is a healthy function of that society. It says there are minimum standards by which you must adhere in order to live amongst us. It’s when you seek to understand and excuse those outcasts that produces all the problems, particularly if you allow them to breed.

6 posted on 07/17/2011 8:32:53 AM PDT by OrangeHoof (Obama: The Dr. Kevorkian of the American economy.)
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To: Kaslin
Loni, we pretty much have that situation already, without your bill.

Death penalty opponents helped drive the cost and duration of capital appeals to where they are now. Citing them now as arguments against the death penalty brings to mind the old joke about the definition of chutzpah...killing both your parents and then asking the judge for mercy because you’re now an orphan.

7 posted on 07/17/2011 8:41:55 AM PDT by RichInOC (No! BAD Rich! (What'd I say?))
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Looks like Cali is going to croak before the next death row inmate. You can’t say they didn’t have it coming.

8 posted on 07/17/2011 8:54:00 AM PDT by Hayride
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To: Kaslin

Loni ,take a few into your House then!Deluded skank!

9 posted on 07/17/2011 8:58:36 AM PDT by Cheetahcat ( November 4 2008 ,A date that will live in Infamy.)
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To: Kaslin

The failure comes in the excessive roadblocks in place to prolong the executions. If more executions happened in a timely manner, the death penalty would leave a lasting impression. Of course, lefties are unable to comprehend this logic.

10 posted on 07/17/2011 9:09:58 AM PDT by liberalh8ter
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To: Kaslin

Yeah, let’s let more Casey Anothonys out on the street. /sarc

11 posted on 07/17/2011 9:10:33 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Kaslin

Capitol punishment is the problem. The endless appeals process is the problem. It’s nothing more than a full employment act for lawyers . . . written by the Democrats.

12 posted on 07/17/2011 9:11:22 AM PDT by aimhigh (True bitter clingers cling to their guns AND their bibles.)
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To: Kaslin

“Loser pays” on those frivolous appeals would be a good start.

13 posted on 07/17/2011 9:47:18 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: All
Ginger was my sisters best friend. They need to build Gallows and hang them the next day, just like we did when Men were Men.

14 posted on 07/17/2011 9:56:46 AM PDT by troy McClure
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To: Cowboy Bob
It's a failure because more have died from natural causes or suicide than have actually been executed.

It's a failure because it would take nearly 60 years to execute every person currently on death row at a rate of one per month.

It's a failure because there are condemned men waiting since Carter was president.

15 posted on 07/17/2011 10:52:41 AM PDT by newzjunkey
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To: aimhigh
The endless appeals process is the problem.

Yup. That and judges who will make anything out to be "cruel and unusual" including lethal injection.

16 posted on 07/17/2011 2:45:58 PM PDT by newzjunkey
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