Justice neither swift nor sure
Justice neither swift nor sure
To be meaningful, justice should be swift and sure. The death penalty is neither. Indeed, a full two-thirds of all death penalty cases are reversed for serious error. 1 The long and complicated process has prolonged the pain of victims’ families and devoured millions of crime-fighting dollars that could save lives and protect the public.
Wasteful and inefficient: Every state that has ever studied the cost of the death penalty has found it to be more expensive than a life sentence without the possibility of parole – often millions of dollars more. The death penalty process is more complicated because a life is on the line. Capital cases involve more lawyers, more witnesses, more experts, a longer jury selection process, more pre-trial motions, an entirely separate trial to determine the sentence, and countless other expenses – racking up exorbitant costs even before a single appeal is filed. County budgets bear the brunt of these costs, often raising taxes, cutting services, or even facing bankruptcy to prosecute a single death penalty case. The death penalty’s high-costs add up to more than just dollars. The time spent pursuing one capital case could solve and prosecute scores of other non-capital cases.
The needs of victims’ families: Like society in general, those who have lost a loved one to murder have a variety of opinions about the death penalty. Whatever the opinion of individual family members, the death penalty process itself has undoubtedly been harmful to surviving families. Death penalty reversals and errors force victims’ families to relive their pain over and over again as the courts repeat trials and hearings in an effort to get it right.
Families are asked to weigh in on the prosecutor’s decision to seek the death penalty at a time when they are still processing the shock of the news of the murder. They are in no position to evaluate how the long process will effect them years down the road – and they often learn the hard way that the death penalty isn’t what they thought it would be. Meanwhile, the cumbersome and expensive process diverts millions of dollars from the critical services that homicide survivors need to help them heal.
We’ve learned a lot about the death penalty in the last 30 years. The cumbersome process has drained our resources and delayed healing for victims’ families – yet for all the extra time and effort, we still haven’t found a way to get it right. And when a life is on the line, one mistake is simply one too many.
- 1. James Liebman et al. A Broken System, Part II: Why There is So Much Error in Capital Cases, And What Can be Done About It, Columbia University, 2002.
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