to be or not
There are several problems involved in trying to determine the cost of a capital case. First, there is a wide variety of costs associated with capital cases. These include costs for prosecuting and defense attorneys, interpreters, expert witnesses, court reporters, psychiatrists, secretaries, and jury consultants.
Another problem is the length and complexity of the process. Cases tend to last several years and can pass through three possible phases. The first phase includes state trial court (two trials - one to determine guilt, the other for sentence), state Supreme Court, and possible appeals to the U.S. Supreme Court. The second phase is the state habeas corpus (post-conviction process) and appeals. The final phase is federal habeas corpus, which includes appeals to the U.S. Circuit Court of Appeals and to the U.S. Supreme Court...
A third problem is the way states budget money for entities that are involved with capital cases. For example, Texas and Connecticut allocate specific sums to their judicial departments. It is difficult to separate the costs each department incurs for capital cases from those for other cases. From a data-gathering standpoint, Texas presents yet another problem. Each county (there are 254) must bear the costs of its capital cases. It is extremely difficult to get data from the counties. Dallas is the only county from which we received partial data, and we were unable to determine whether they are representative of other counties." where the warden of a state penitentiary asked for legalization of lethal injection as a means of execution because it would cost only one dollar per head! Against that kind of thinking there is no refutation.'
'In addition to the more traditional societal-cost arguments, the
"mere economics" of the death penalty in America has become a major concern in recent years. This Article does not consider the societal-cost arguments in favor of capital punishment, such as deterrence, retribution,
Another problem is the length and complexity of the process. Cases tend to last several years and can pass through three possible phases. The first phase includes state trial court (two trials - one to determine guilt, the other for sentence), state Supreme Court, and possible appeals to the U.S. Supreme Court. The second phase is the state habeas corpus (post-conviction process) and appeals. The final phase is federal habeas corpus, which includes appeals to the U.S. Circuit Court of Appeals and to the U.S. Supreme Court...
A third problem is the way states budget money for entities that are involved with capital cases. For example, Texas and Connecticut allocate specific sums to their judicial departments. It is difficult to separate the costs each department incurs for capital cases from those for other cases. From a data-gathering standpoint, Texas presents yet another problem. Each county (there are 254) must bear the costs of its capital cases. It is extremely difficult to get data from the counties. Dallas is the only county from which we received partial data, and we were unable to determine whether they are representative of other counties." where the warden of a state penitentiary asked for legalization of lethal injection as a means of execution because it would cost only one dollar per head! Against that kind of thinking there is no refutation.'
'In addition to the more traditional societal-cost arguments, the
"mere economics" of the death penalty in America has become a major concern in recent years. This Article does not consider the societal-cost arguments in favor of capital punishment, such as deterrence, retribution,