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Home » Blogs » Death Penalty Cases – An Economic Viewpoint

I sometimes wonder how recent Supreme Court decisions that are seemingly non economic related affect local economies. Case in point. I live in South Louisiana where the Kennedy v Louisiana case got plenty of media air-play. In case you live in a cave, the case revolved around whether or not the execution of a child rapist was constitutional. The U.S. Supreme Court ultimately held a state may not execute a rapist for the rape of a child. (Coker v Georgia, a 1977 case, had outlawed execution for the rape of an adult woman.)

My issue is this- now that the case is decided, and other inmates won’t sit rotting on death row waiting for their multitude of appeals, habeas writs, etc. to run out, how does that compare dollar wise to putting a prisoner to death? This question could be asked for any capital crimes, (and I am not addressing the issue of capital punishment whatsoever…) but since this crime has now been declared to be a non-capital offense, it begs the question- from a tax-payer point of view, which costs more for a state?

Here’s a cost breakdown of the issue from a strictly economics viewpoint, in simple terms:

The average death penalty case costs an average of $470,000 more than non-death penalty cases, according to the Death Penalty Information center. These are costs to the prosecution and the defense, often footed almost entirely by the taxpayers. The constitution guarantees the assistance of counsel to those that cannot afford it (and let’s face it, most can’t). That means the taxpayers are ponying up for the lawyers and other court costs. This does not include additional court personnel costs of up to $70,000. An appellate defense costs upwards of another $100 grand.

OK, so assume the prisoner is convicted and sentenced to death. In addition to the cost of the case itself, is the annual cost of housing the inmate in a high security facility. The U.S. average in 2001, to house one inmate in the Federal Prison System, according to the Bureau of Justice, was nearly $23,000 per year. (As an aside, Louisiana had one of the lowest annual expenditure costs, at about $13,000.)

The website Dead Man Walking (www.deadmanwalkingupdate.org) says the average life sentence lasts 29 years. So if an inmate is sentenced to life, rather than the hassle of a capital trial, the average U.S. cost would be somewhere around $667,000, not taking inflation into account, for a life sentence. A death row inmate, according to the Death Penalty Information Center, spends an average of just over ten years on death row, with some waiting for over 20 years. That’s a cost of at least $230,000 just to house the inmate wait.

While death penalty cases make great headlines, and often seem to satisfy justice for crimes committed, these cases have the ability to totally bankrupt a small county or parish- using the simple figures above, here’s how that plays out for the average taxpayer’s pocketbook:

A death row inmate costs approximately $870,000 to try, appeal, and house, assuming he is the ‘average’ prisoner. A prisoner sentenced to life, on the other hand, costs about $667,000 in total, over $200,000 less per inmate. That’s a generous estimate- in Florida, the average cost per execution is $3.2 million dollars. The Palm Beach Post estimates that the state would save $51 million each year by doing away with the death penalty.

No matter how you feel about the death penalty itself, it is easy to see that money could better be spent in other ways than wasted on criminals- roads, child care, healthcare, education…….. definitely something to consider.

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