According to the Death Penalty Information Center, approximately 2,100 inmates are currently awaiting execution in the United States. Although this number has been declining since the 1990s, it is still notable – especially as many other countries around the world abolished the death penalty long ago. Putting aside the moral debate regarding capital punishment, one should also consider the financial implications. Many assume that executing a convict is inherently cheaper than sentencing them to life behind bars. The logic is that the logistics of supporting an inmate for decades represent a burden on the taxpayer, especially when one considers the price of food, electricity, plumbing, water, clothing, and so on. But is the cost of the death penalty really lower than the cost of a life sentence?
This is something defendants and their families may wish to explore alongside experienced criminal defense attorneys in New Hampshire. Consider continuing this discussion alongside Friedman & Bresaw, PLLC by contacting us at (603) 707-4800.
The Death Penalty Is More Expensive Than a Life Sentence
According to various sources, the cost of the death penalty outweighs the cost of a life sentence. The Cato Institute states that the death penalty is now significantly more expensive than life imprisonment. Equal Justice USA (EJUSA) comes to the same conclusion, stating that the death penalty can be 10 times more expensive than non-death-penalty cases. EJUSA also notes that repealing the death penalty would have saved various states millions of dollars. Some of the more populous states would have saved billions. The Death Penalty Information Center echoes these sentiments, stating that the cost of the death penalty represents a net burden on average taxpayers.
Why Is the Death Penalty More Expensive Than Life Imprisonment?
The cost of the death penalty is not as straightforward as many realize. One might assume that the cost of an execution simply involves the power supply of an electric chair or the price of a lethal injection. However, the true cost of the death penalty is more complex.
Higher Legal Costs
The majority of these costs are legal in nature, as the court must spend a considerable sum on prosecuting defendants who face capital punishment. In many states, the government must provide not one but two public defenders for each defendant facing the death penalty. This is a common outcome, as many defendants facing this penalty cannot afford a private defense attorney. Because of the high-stakes nature of these cases, attorneys spend more time preparing. Jury selection can also be more time-consuming, as the court must disqualify jurors who have strong support or dislike for the death penalty as a concept. Because this is such a polarizing topic, finding truly unbiased jurors can be challenging.
Death penalties are also associated with more appeals and pre-trial motions, which adds to the overall cost of a case. There is always the chance of a successful appeal and a retrial, which doubles these costs.
The Added Costs of Incarceration and Execution
In many cases, the death penalty never manifests – even when it is sought by a court. Even when the court officially sentences a defendant to death, the execution often never occurs. Defendants on “death row” often await their executions for many years, or even decades. During this time, the government keeps them in maximum-security prisons at higher costs.
The execution itself is also somewhat expensive, and these procedures often fail. “Botched executions” are becoming increasingly common, to the point where some prisoners are requesting execution by firing squad instead of less reliable methods. Lethal injections seem particularly unreliable, and a failure requires a second (or third) execution attempt with increasing costs.
The Social Cost of the Death Penalty
The Cato Institute notes that all of these added costs come from the taxpayer. In order to cover these costs, the government often cuts services and programs while raising taxes. This could lead to higher property taxes and fewer public safety resources (such as policing), thereby increasing crime while making life less affordable for the average citizen. The Cato Institute argues that this is ironic because the death penalty is supposed to deter crime, not increase it.
New Hampshire Has Abolished the Death Penalty
While New Hampshire repealed the death penalty in 2019, the change was not applied retroactively by the court. As a result, one person was still on death row at the time of the repeal in New Hampshire. Defendants should also know that the federal government still enforces the death penalty across the entire nation, regardless of state law. This means that New Hampshire residents could still face execution for crimes such as treason. Those who face the death penalty for federal offenses may wish to speak with Friedman & Bresaw, PLLC for further guidance.
Learn More About the Cost of the Death Penalty With Friedman & Bresaw, PLLC
Numerous statistics clearly indicate that the cost of the death penalty could be much higher than people realize. In fact, many statistics show that the cost of the death penalty is higher than the cost of a life sentence. While this might seem counterintuitive, it is something that government officials may want to examine more closely as they strive to improve the criminal justice system. Aside from the financial cost of the death penalty, it is also important to consider the emotional and psychological cost. Families lose loved ones, and even the victims of these criminals may struggle with feelings of guilt after witnessing an execution. One also has to remember that some executed defendants were likely wrongly convicted.
Defendants and family members who wish to learn more about the true cost of the death penalty may speak with experienced criminal defense attorneys in New Hampshire. Defense lawyers may also help defendants assess various strategies to mitigate or avoid the most severe penalties. Continue this discussion by contacting Friedman & Bresaw, PLLC at (603) 707-4800. We serve residents of Belknap, Laconia, and Meredith Counties.
