NCJ Number
111119
Journal
University of California Davis Law Review Volume: 18 Issue: 4 Dated: (Summer 1985) Pages: 1221-1273
Date Published
1985
Length
53 pages
Annotation
Assessing the financial costs of capital punishment requires an examination of the special features of capital prosecution and judicial review of capital convictions.
Abstract
Constitutional safeguards, both procedural and substantive, have been required by the U.S. Supreme Court to ensure a fair process for the defendant. These include protections to ensure due process, effective counsel, a fair and impartial jury, and proportionality of the punishment. Limited plea bargaining, lengthy pretrial motions, extensive investigations, increased use of expert witnesses, voir dire, peremptertory challenges, and extensive trial and appeal processes add significantly to the cost of the death penalty system. Thus, advocates of capital punishment who base their arguments on cost-effectiveness are in error. A constitutional death penalty system and execution process costs more than does life imprisonment -- an alternative that both punishes the convicted defendant and protects society. If the goal is a more effective criminal justice system, retentionists should reassess the overall practicality and desirability of continuing capital punishment when its costs, both financially and morally, undermine the system. 250 footnotes and sample questionnaire.