A Permanent Truce
Let me begin by saying that I am a strong proponent of the death penalty. Not as a deterrent for potential murderers necessarily, though if that is indeed the case so much the better. No, I’m of the opinion that if people are willing to run that far afoul of the rules of our society, they no longer belong in any part of our society, including the prison system. Kill ‘em all, I say. And do it much quicker than we are doing it right now. So let that be the frame of reference for you throughout this essay.
I am about to propose a radical idea for the new presidential administration to consider. I will attempt to illustrate that this proposal is in the best interests of our society as a whole, notwithstanding the rights of, or crimes committed by, any inmate on death row. This is merely the stance that makes the most sense.
Pass a Constitutional amendment declaring the death penalty to be cruel and unusual punishment, effectively outlawing the death penalty in all 50 states.
The primary reason that advocates cite in favor of keeping and/or expanding the death penalty is that it is a deterrent for potential murderers. Let’s set aside the statistical fact that most murderers do not have the intellectual capacity to weigh the costs and benefits of capital punishment versus life in prison without parole. And we should also set aside the statistical fact that a substantial number of these murders are gang- and/or drug-related, where the alternative to committing a given murder is to be murdered themselves. The cost/benefit analysis is for a different set of costs and benefits: living versus dying in the next 1.5 seconds.
Let us also set aside the fact that the evidence supporting the deterrence assertion has been systemically and thoroughly eviscerated by noted economists and statisticians. One of the two primary studies isolated a six year period out of the 66 the authors claimed to study, and based its assertions exclusively on that narrowed time frame, albeit citing the opposite correlation — a logical fallacy. The second and more recent study conducted only theoretical research basing its results on such far-reaching factors as the number of votes for Republican candidates cast in given districts over varying time periods. A regression study conducted over the same time period actually found that the increase in death penalty executions resulted in an increase in the murder rate, but further described the data as too “noisy” to draw conclusions. The deterrence assertion is flimsy at best, and downright wrong at worst.
Let’s ignore those factors for a moment. Assume that a given criminal could be deterred by the possibility of a death sentence, and that he has the mental capacity and time to properly assess the costs and benefits. We are now faced with our own cost/benefit analysis: is the cost of executing one convicted murderer worth the lives that are saved?
There are other factors to be considered here as well. In recent years the emergence and increasing accuracy of DNA evidence shows that wrongful convictions of murder suspects who wrongly land on death row are not just possible, they are frequent. In Illinois for instance, former Governor George Ryan issued a blanket commutation of existing death row inmates’ sentences and placed a moratorium on all capital punishments. This was done after it was found that ten of the inmates currently awaiting execution were found to be innocent of the crimes of which they were convicted. This is, coincidentally, the same number that the state had executed since the death penalty was re-instated. So alongside the question of cost per life saved, we need to weigh the cost of innocent men and women being executed at the hands of the state for crimes they did not commit.
And finally, with all 50 states expressing different stances on the matter, what cost is incurred by allowing the debate to continue over whether or not to continue executing convicted murderers?
It may seem unnatural for us to put a dollar figure on a human life. Our gut instinct is to declare that no cost is too great to save even one innocent life. Given this assertion, that would mean exhausting every possible means of exonerating each (potentially innocent) death row inmate — regardless of cost or time needed — but still executing as many of the condemned as possible to increase the deterrent effect and save more innocent lives. These two positions are diametrically opposed.
Furthermore, it is plain that we as a society indirectly place dollar values on human lives on almost a daily basis. For example, there is a stretch of road near our house that winds in a swooping double-S curve through a small river valley. The speed limit on the road was (and remains) 50mph. There had been numerous deaths from head-on crashes on this two-lane road, especially during wet or cold weather. At a certain point it was decided to widen the road, and consideration was given to installing a guardrail between oncoming lanes. Installing the guardrail would cost X dollars, and save Y lives per year. It was eventually voted down, thus assigning a dollar figure to a human life using the equation X dollars divided by Y. This type of decision is made by city councils and state governments nearly every day of the year.
As a society we incur a huge monetary cost by retaining capital punishment. When compared to life imprisonment without parole, even the most conservative estimates show that the added cost of each inmate going through the appeals process associated with the death penalty is a minimum of $1 million. Multiply that by the 3340 inmates awaiting execution as of 2004, and we have or will spend at least $3.3 billion on death penalty inmates during their remaining lives. More condemned inmates come into the system every year.
Assuming a generous deterrence rate of one life saved for one executed inmate, and further assuming a 50% wrongful execution rate (Illinois being a recent and relevant example), the marginal loss per execution including all factors is a half-million dollars. That’s .5 innocent lives lost per execution, at a cost of one million dollars each. So we see a genuine dollar amount lost for every executed inmate, as long as we buy into the assessment of a value on human life.
But again, let’s call that a wash and set it aside. What is the remaining non-monetary toll this takes on the country? The courts are clogged with lengthy trials and endless appeals that take more than a decade to fully resolve. That not only costs money, it diverts the court’s resources from other cases whose results are then delayed. The resolution of a case and its resulting punishment are delayed for over a decade, which can be an agonizing process for the families of the victims.
Finally, and most importantly, the debate over whether to continue executing our convicted murderers is a source of heated and costly debate in the courts, in our legislative bodies, and among our citizens. Hundreds of millions of dollars have been spent, and will continue to be spent on both sides of the debate to try to advance or defeat death penalty legislation. 50 battles raging endlessly, taking up valuable time and resources from governing bodies that are supposed to be paving roads and improving schools and providing needed social services. These other societal benefits necessarily suffer at the hands of the 50 protracted skirmishes over capital punishment.
It’s time to call a permanent truce.
A Constitutional amendment declaring capital punishment to be cruel and unusual brings all of this to an end. No more executions of wrongly convicted innocent parties. No more clogging the courts with decades-long appeals, saving billions of dollars in the process. And no more time, energy, and money spent trying to decide whether or not the death penalty is a good idea.
That’s not to say that passing a Constitutional amendment wouldn’t take some doing. A 2/3 majority of both the House and Senate probably wouldn’t be the biggest challenge: getting 38 states to consent to it will. Fourteen states have no death penalty, so it’s a safe bet that those states will support it. Getting anyone south of the Mason-Dixon line (as far west as Texas) to agree will not be worth the effort. That’s 14 in, 10 out, leaving 26 — from which you can only lose two. Convincing the good folks of Kentucky, Missouri, and Montana may be too daunting a task to overcome.
Ultimately, putting an end to the death penalty once and for all is the best thing to do. Not for any moral or altruistic reason, but simply for the social cost we will no longer incur by putting an end to the practice. We can go back and forth ad infinitum about the pros and cons of the death penalty with respect to monetary cost and deterrence, with no conclusive evidence existing on either side. But in the end, the non-monetary costs are undeniable, and tip the scales in favor of abolishing capital punishment.
I am a strong proponent of the death penalty. Kill ‘em all, I say. But in the final analysis, I’m on the wrong side of this debate. I’m calling on the administration that takes control in January to give the Constitutional amendment serious consideration. It won’t be easy, and it won’t be fun, but it will eventually be a substantial net benefit to everyone in society. This is an idea whose time has come.










