Legal Commentary

The Meaning of Lower Death Penalty Stats

By Jeralyn

Time Magazine reports on declining death penalty numbers, saying a shift has developed against capital punishment.

Last year saw just 37 executions in the U.S., with only 111 death sentences handed down. Although 36 states and the Federal Government still have death penalty laws on the books, the practice of carrying out executions is limited almost entirely to the South, where all but two of last year's executions took place. (The exceptions were both in Ohio.)

Law Prof Doug Berman of Sentencing Law and Policy isn't as positive about the meaning of the decline:

The last few weeks of January 2009 brought seven executions (five of which were in Texas), the most in any concentrated period since June 2007. In addition, there are two executions scheduled for tomorrow (one in Tennessee and one in Texas). Also, Virginia's legislature recently voted to expand that state's death penalty law.

Death penalty opponents do see a shift. Time notes: [More..]

Death penalty opponents say the use of DNA evidence, which has led to a number of prisoners being released from death row, is a big part of the reason for the decline in executions generally. "That's had a ripple effect," says Richard Dieter of the Death Penalty Information Center, a Washington-based advocacy group. "The whole legal system has become more cautious about the death penalty. Prosecutors are not seeking it as much. Juries are returning more life sentences. And judges are granting more stays of execution. Last year there were over 40."

I think economics weigh in as well. People are starting to realize the enormous cost of death penalty trials and appeals and realizing that life without parole is an effective punishment tool. Look at the trend in various states this year:

In 2007 New Jersey became the first state in 40 years to abolish its death penalty. In that same year repeal bills were narrowly defeated in Montana, Nebraska and New Mexico, all of which are revisiting the issue this year. Now the focus is on Maryland. After years of failed attempts by death penalty opponents to bring a repeal bill to a vote in the state legislature,

Texas and the South will always be an unfortunate anomaly. But I agree with Time, in the rest of the country, the pendulum is shifting in the right direction -- against the death penalty.

Full post as published by TalkLeft on February 03, 2009 (boomark / email).